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Atrocity Speech Law
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Book Synopsis Atrocity Speech Law by : Gregory S. Gordon
Download or read book Atrocity Speech Law written by Gregory S. Gordon and published by Oxford University Press. This book was released on 2017 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Incitement on Trial by : Richard Wilson
Download or read book Incitement on Trial written by Richard Wilson and published by Cambridge University Press. This book was released on 2017-08-18 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.
Book Synopsis The Oxford Handbook of International Criminal Law by : Darryl Robinson
Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Book Synopsis The Inherent Danger of Hate Speech Legislation by : Andrea Scheffler
Download or read book The Inherent Danger of Hate Speech Legislation written by Andrea Scheffler and published by . This book was released on 2015 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Responsibility to Protect by : Gareth Evans
Download or read book The Responsibility to Protect written by Gareth Evans and published by Rowman & Littlefield. This book was released on 2009-08-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Never again!" the world has vowed time and again since the Holocaust. Yet genocide, ethnic cleansing, and other mass atrocity crimes continue to shock our consciences—from the killing fields of Cambodia to the machetes of Rwanda to the agony of Darfur. Gareth Evans has grappled with these issues firsthand. As Australian foreign minister, he was a key broker of the United Nations peace plan for Cambodia. As president of the International Crisis Group, he now works on the prevention and resolution of scores of conflicts and crises worldwide. The primary architect of and leading authority on the Responsibility to Protect ("R2P"), he shows here how this new international norm can once and for all prevent a return to the killing fields. The Responsibility to Protect captures a simple and powerful idea. The primary responsibility for protecting its own people from mass atrocity crimes lies with the state itself. State sovereignty implies responsibility, not a license to kill. But when a state is unwilling or unable to halt or avert such crimes, the wider international community then has a collective responsibility to take whatever action is necessary. R2P emphasizes preventive action above all. That includes assistance for states struggling to contain potential crises and for effective rebuilding after a crisis or conflict to tackle its underlying causes. R2P's primary tools are persuasion and support, not military or other coercion. But sometimes it is right to fight: faced with another Rwanda, the world cannot just stand by. R2P was unanimously adopted by the UN General Assembly at the 2005 World Summit. But many misunderstandings persist about its scope and limits. And much remains to be done to solidify political support and to build institutional capacity. Evans shows, compellingly, how big a break R2P represents from the past, and how, with its acceptance in principle and effective application in practice, the promise of "Never again!" can at last become a reality.
Book Synopsis Mass Atrocity Crimes by : Robert I. Rotberg
Download or read book Mass Atrocity Crimes written by Robert I. Rotberg and published by Brookings Institution Press. This book was released on 2010 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dozen scholars explore what can be done to combat genocide, ethnic cleansing and other crimes against humanity, which, despite grisly examples from the past century, continue to rear their ugly head today. Original.
Book Synopsis Offend, Shock, or Disturb by : Gautam Bhatia
Download or read book Offend, Shock, or Disturb written by Gautam Bhatia and published by Oxford University Press. This book was released on 2016-01-14 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offend, Shock, or Disturb is a comprehensive examination of free speech under the Indian Constitution. It explores Indian free speech jurisprudence from a doctrinal, comparative, and philosophical perspective. Taking as its point of departure the constitutional guarantee of the freedom of speech and expression—Articles 19(1)(a) and 19(2) of the Constitution of India—the book discusses, clause by clause, the development of law from colonial times to present-day controversies. Issues relating to public order, sedition, obscenity and pornography, hate speech, film and online censorship, privacy and defamation, the contempt of court, the nature of speech and the relationship between free speech and economic structure, and the inter-relationships between them have been comprehensively examined. As free speech campaigns gain intensity by the day, the book presents the myriad understandings and limitations of the free speech law, and suggests possible pathways for the future.
Book Synopsis Translating Guilt by : Cassandra Steer
Download or read book Translating Guilt written by Cassandra Steer and published by Springer. This book was released on 2017-02-26 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.
Book Synopsis The Legacy of Ad Hoc Tribunals in International Criminal Law by : Milena Sterio
Download or read book The Legacy of Ad Hoc Tribunals in International Criminal Law written by Milena Sterio and published by Cambridge University Press. This book was released on 2019-02-21 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses the legacy and impact of the ICTY and ICTR, focusing on their most significant legal achievements in international criminal law.
Book Synopsis Striking a Balance by : Sandra Coliver
Download or read book Striking a Balance written by Sandra Coliver and published by Article 19. This book was released on 1992 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Transitional Justice and a State’s Response to Mass Atrocity by : Jacopo Roberti di Sarsina
Download or read book Transitional Justice and a State’s Response to Mass Atrocity written by Jacopo Roberti di Sarsina and published by Springer. This book was released on 2019-03-26 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.
Book Synopsis Free Speech After 9/11 by : Katharine Gelber
Download or read book Free Speech After 9/11 written by Katharine Gelber and published by Oxford University Press. This book was released on 2016 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines and compares the changes in the appropriate parameters of freedom of speech in the counter-terrorism context since 9/11, focusing on the US, UK, and Australia.
Book Synopsis Atrocity Speech Law by : Gregory S. Gordon
Download or read book Atrocity Speech Law written by Gregory S. Gordon and published by Oxford University Press. This book was released on 2017-04-11 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes by : Jennifer Trahan
Download or read book Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes written by Jennifer Trahan and published by Cambridge University Press. This book was released on 2020-08-13 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book outlines legal limits to the veto power of UN Security Council permanent members while atrocity crimes are occurring.
Download or read book HATE written by Nadine Strossen and published by Oxford University Press. This book was released on 2018-04-02 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech." "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
Book Synopsis Propaganda and International Criminal Law by : Predrag Dojčinović
Download or read book Propaganda and International Criminal Law written by Predrag Dojčinović and published by Routledge. This book was released on 2019-10-16 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the conceptual and evidentiary issues relating to the treatment of propaganda in international criminal law. Bringing together an interdisciplinary range of scholars, researchers and legal practitioners from Africa, Australia, Europe and the United States, the book provides an in-depth analysis of the nature, position and role of the concept of propaganda in mass atrocity crimes trials. A sequel to the earlier Propaganda, War Crimes Trials and International Law: From Speakers’ Corner to War Crimes (Routledge, 2011) this book is the first to synthesize the knowledge, procedures and methods of international criminal law with the social cognitive sciences. Including a comprehensive overview of the most relevant case law, jurisprudence and scientific studies, the book also offers a series of practical insights and strategies for both academics and legal professionals. An invaluable resource for those working in the area of international criminal law, this book will also be of interest to academics, practitioners and students with relevant interests in legal theory, politics, linguistics and psychology.
Book Synopsis The Oxford Handbook on Atrocity Crimes by : Barbora Holá
Download or read book The Oxford Handbook on Atrocity Crimes written by Barbora Holá and published by Oxford University Press. This book was released on 2022 with total page 985 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Oxford Handbook on Atrocity Crimes consolidates and further develops the evolving field of atrocity studies by combining major mono-, inter-, and multi-disciplinary research on atrocity crimes in one volume encompassing contributions of leading scholars. Atrocity crimes-war crimes, crimes against humanity, and genocide-are manifestations of large scale and systematic criminality committed within specific political, ideological, and societal contexts. These crimes are committed by a multiplicity of actors against a large number of victims who suffer far-reaching consequences. Scholars studying mass atrocities are scattered not only across disciplines-such as international (criminal) law, international relations, criminology, political science, psychology, sociology, history, anthropology, or demography-but also across the topic-related fields, which are by definition multi- and interdisciplinary but are typically limited to a particular category or aspect of atrocity crimes. This Handbook brings together these strands of scholarship on (mass) atrocities and interrogates atrocity crimes as an overarching category of criminality, while simultaneously keeping an eye on differences among the individual constitutive categories. The Handbook covers topics related to the etiology and causes of atrocities, the actors involved, the harm and victims of atrocity crimes, the reactions to mass atrocities, and in-depth case studies of understudied situations of war crimes, crimes against humanity, and genocide"--
