Atrocity speech law : foundation, fragmentation, fruition / Gregory S. Gordon ; foreword by Benjamin B. Ferencz.
2017
KZ7177.A87 G69 2017 (Mapit)
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Author
Title
Atrocity speech law : foundation, fragmentation, fruition / Gregory S. Gordon ; foreword by Benjamin B. Ferencz.
Imprint
New York, NY : Oxford University Press, 2017.
Copyright
©2017.
Description
xxviii, 436 pages : illustrations ; 25 cm
Formatted 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 reference to hate speech and war crimes
Fixing incitement to genocide
Fixing persecution, instigation, and ordering
Adopting incitement to commit war crimes
Restructuring : a unified liability theory for atrocity speech law.
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 reference to hate speech and war crimes
Fixing incitement to genocide
Fixing persecution, instigation, and ordering
Adopting incitement to commit war crimes
Restructuring : a unified liability theory for atrocity speech law.
Summary
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.
Note
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
KZ7177.A87 G69 2017
Language
English
ISBN
9780190612689 hardcover ; alkaline paper
0190612681 hardcover ; alkaline paper
0190612681 hardcover ; alkaline paper
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