Atrocity speech law : foundation, fragmentation, fruition /
Gregory S. Gordon ; foreword by Benjamin B. Ferencz.
New York, NY : Oxford University Press, 2017.
xxviii, 436 pages : illustrations ; 25 cm
0190612681, 9780190612689
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New York, NY : Oxford University Press, 2017.
contents note
Speech and atrocity : an historical sketch -- International human rights law and domestic law -- The birth of atrocity speech law part 1 : Nuremberg and the foundational statutes -- The birth of atrocity speech law part 2 : the foundational ad hoc tribunal cases and offense elements -- Problems regarding the crime of direct and public incitement to commit genocide -- Problems regarding persecution, instigation, and ordering -- The liability gap in refrence to hate speech and war crimes -- Fixing incitement to commit genocide -- Fixing persecution, instigation, and ordering -- Adopting incitement to commit war crimes -- Restructuring : a unified liability theory for atrocity speech law.
Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.
catalogue key
Includes bibliographical references and index.

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