Atrocity speech law foundation fragmentation fruition 1st Edition by Gregory S Gordon ISBN 0190612681 978-0190612689

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Product details:

ISBN 10: 0190612681 

ISBN 13: 978-0190612689

Author: 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 same time, 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 provision criminalizing 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 a superior-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: 

1 Speech and Atrocity: An Historical Sketch

2 International Human Rights and Domestic Law

3 The Birth of Atrocity Speech Law Part 1: Nuremberg and the Foundational Statutes

4 The Birth of Atrocity Speech Law Part 2: The Foundational Ad Hoc Tribunal Cases and Offense Elements

5 Problems Regarding the Crime of Direct and Public Incitement to Commit Genocide

6 Problems Regarding Persecution, Instigation, and Ordering

7 The Liability Gap in Reference to Hate Speech and War Crimes

8 Fixing Incitement to Commit Genocide

9 Fixing Persecution, Instigation, and Ordering

10 Adopting Incitement to Commit War Crimes

11 Restructuring: A Unified Liability Theory for Atrocity Speech Law

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Tags: Gregory S Gordon, Atrocity, Speech, Law, Foundation, Fragmentation, Fruition