Description
Oxford Atrocity Speech Law Foundation Fragmentation Fruition 2017 Edition by Gregory S. Gordon
The law governing the relationship between speech and core international crimes - a key component in atrocity prevention - is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and ordering's scope is too circumscribed. At the sametime, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensive proposal: a Unified Liability Theory, which would systematically link the core crimes of genocide, crimes against humanity, and war crimes with the four illicit speech modalities. The latter would be placed in one statutory provisioncriminalizing the following types of speech: (1) incitement (speech seeking but not resulting in atrocity); (2) speech abetting (non-catalytic speech synchronous with atrocity commission); (3) instigation (speech seeking and resulting in atrocity); and (4) ordering (instigation/incitement within asuperior-subordinate relationship). Apart from its fragmentation, this body of law lacks a proper name as Incitement Law or International Hate Speech Law, labels often used, fail to capture its breadth or relationship to mass violence. So this book proposes a new and fitting appellation: atrocity speech law. Table of contents : - Foreword by Benjamin B. FerenczPreface Introduction Part I: Foundation Chapter 1: Speech and Atrocity: An Historical SketchChapter 2: International Human Rights Law and Domestic LawChapter 3: The Birth of Atrocity Speech Law:Nuremberg and the Foundational StatutesChapter 4: The Birth of Atrocity Speech Law:The Foundational Ad Hoc Tribunal Cases and Offense Elements PART II: FRAGMENTATIONChapter 5: Problems regarding the Crime of Direct and Public Incitement to Commit GenocideChapter 6: Problems regarding Persecution, Instigation and OrderingChapter 7: The Absence of Criminal Prohibitions Regarding Hate Speech and War CrimesPART III: FRUITIONChapter 8: Fixing Incitement to GenocideChapter 9: Fixing Persecution, Instigation and OrderingChapter 10: Adopting Incitement to Commit War CrimesChapter 11: Restructuring: A Unified Liability Theory for Atrocity Speech LawConclusion Index