Incitement in International Law

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Author :
Publisher : Routledge
ISBN 13 : 1317669673
Total Pages : 287 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Incitement in International Law by : Wibke K. Timmermann

Download or read book Incitement in International Law written by Wibke K. Timmermann and published by Routledge. This book was released on 2014-08-13 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive study of incitement in its various forms in international law. It discusses the status of incitement to hatred in human rights law and examines its harms and dangers as well as the impact of a prohibition on freedom of speech. The book additionally presents a detailed definition of punishable incitement. In this context, Wibke K. Timmermann argues that incitement should be recognized as the crime of persecution, where it is utilized within a system of persecutory measures by the State or a similarly powerful organization. The book draws on the Nahimana case before the International Criminal Tribunal for Rwanda, as well as jurisprudence from German and other courts following World War II to provide support for this proposal. The work moreover provides a comprehensive analysis of public incitement to crimes; solicitation or instigation; and the related modes of liability aiding and abetting and commission through another person. Dedicated exclusively and comprehensively to incitement in its various forms, this book will be of essential use and great interest to students and researchers of international criminal law and human rights law, in addition to practitioners within these areas.

Religious Hatred and International Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107124174
Total Pages : 439 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Religious Hatred and International Law by : Jeroen Temperman

Download or read book Religious Hatred and International Law written by Jeroen Temperman and published by Cambridge University Press. This book was released on 2016 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book conceptualizes the 'prohibition of advocacy of religious hatred' from the perspectives of international and comparative law.

Incitement in International Law

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Author :
Publisher : Routledge
ISBN 13 : 1317669665
Total Pages : 353 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Incitement in International Law by : Wibke K. Timmermann

Download or read book Incitement in International Law written by Wibke K. Timmermann and published by Routledge. This book was released on 2014-08-13 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive study of incitement in its various forms in international law. It discusses the status of incitement to hatred in human rights law and examines its harms and dangers as well as the impact of a prohibition on freedom of speech. The book additionally presents a detailed definition of punishable incitement. In this context, Wibke K. Timmermann argues that incitement should be recognized as the crime of persecution, where it is utilized within a system of persecutory measures by the State or a similarly powerful organization. The book draws on the Nahimana case before the International Criminal Tribunal for Rwanda, as well as jurisprudence from German and other courts following World War II to provide support for this proposal. The work moreover provides a comprehensive analysis of public incitement to crimes; solicitation or instigation; and the related modes of liability aiding and abetting and commission through another person. Dedicated exclusively and comprehensively to incitement in its various forms, this book will be of essential use and great interest to students and researchers of international criminal law and human rights law, in addition to practitioners within these areas.

Incitement on Trial

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Author :
Publisher : Cambridge University Press
ISBN 13 : 110710310X
Total Pages : 377 pages
Book Rating : 4.1/5 (71 download)

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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.

The Prohibition of Propaganda for War in International Law

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Author :
Publisher : Oxford University Press on Demand
ISBN 13 : 0199232458
Total Pages : 289 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Prohibition of Propaganda for War in International Law by : Michael G. Kearney

Download or read book The Prohibition of Propaganda for War in International Law written by Michael G. Kearney and published by Oxford University Press on Demand. This book was released on 2007-11-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Drawing on primary materials from the League of Nations to the Rome Statute of the International Criminal Court, this book makes the case for the revitalization ofa provision of international law which can be fundamental to the prevention of war.

The Prohibition of Propaganda for War in International Law

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191566586
Total Pages : 288 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Prohibition of Propaganda for War in International Law by : Michael G. Kearney

Download or read book The Prohibition of Propaganda for War in International Law written by Michael G. Kearney and published by OUP Oxford. This book was released on 2007-11-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bereft of any comprehensive analysis and subject to little if any sustained debate, the tangential location of the prohibition of propaganda for war in the discourse of international law has resulted in a situation where state conduct in this area too often appears to be acting in a legal vacuum. In proposing a more robust role for international law in responding to what is a matter of widespread public concern, the book analyses the context in which international law first came to be concerned with propaganda for war in the years following the First World War. With the establishment of the United Nations and the corresponding development of international human rights law, the issue of the prohibition of propaganda for war in both human rights law and international criminal law became a highly significant, yet frequently divisive matter during the Cold War. Drawing on primary materials from the League of Nations to the Rome Statute of the International Criminal Court, this book makes the case for the revitalisation of a provision of international law which can be fundamental to the prevention of war. The book examines international human rights law, the travaux préparatoires to the International Covenant on Civil and Political Rights, communications between the Human Rights Committee and states parties to the Covenant, state practice, and international criminal law. Drawing on the manner by which international tribunals from Nuremberg to The Hague have approached the matter of individual criminal responsibility for 'incitement to crimes of an international dimension', the book proposes that 'direct and public incitement to aggression' be included as a crime in the Rome Statute of the International Criminal Court.

Atrocity Speech Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190612681
Total Pages : 465 pages
Book Rating : 4.1/5 (96 download)

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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.

Modes of Liability in International Criminal Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9781108492171
Total Pages : 0 pages
Book Rating : 4.4/5 (921 download)

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Book Synopsis Modes of Liability in International Criminal Law by : Jérôme de Hemptinne

Download or read book Modes of Liability in International Criminal Law written by Jérôme de Hemptinne and published by Cambridge University Press. This book was released on 2019-07-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.

Propaganda and International Criminal Law

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Author :
Publisher : Routledge
ISBN 13 : 0429812841
Total Pages : 365 pages
Book Rating : 4.4/5 (298 download)

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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.

The Right to Protection from Incitement to Hatred

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108837565
Total Pages : 231 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Right to Protection from Incitement to Hatred by : Mona Elbahtimy

Download or read book The Right to Protection from Incitement to Hatred written by Mona Elbahtimy and published by Cambridge University Press. This book was released on 2021-10-28 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an explanatory framework for the challenges facing the development of the international norm prohibiting hate speech.

International Law in Domestic Courts

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0198739745
Total Pages : 769 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law in Domestic Courts by : Andre Nollkaemper

Download or read book International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Incitement on Trial

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108298672
Total Pages : 377 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis Incitement on Trial by : Richard Ashby Wilson

Download or read book Incitement on Trial written by Richard Ashby 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: International and national armed conflicts are usually preceded by a media campaign in which public figures foment ethnic, national, racial or religious hatred, inciting listeners to acts of violence. Incitement on Trial evaluates the efforts of international criminal tribunals to hold such inciters criminally responsible. This is an unsettled area of international criminal law, and prosecutors have often struggled to demonstrate a causal connection between speech acts and subsequent crimes. This book identifies 'revenge speech' as the type of rhetoric with the greatest effects on empathy and tolerance for violence. Wilson argues that inciting speech should be handled under the preventative doctrine of inchoate crimes, but that once international crimes have been committed, then ordering and complicity are the most appropriate forms of criminal liability. Based in extensive original research, this book proposes an evidence-based risk assessment model for monitoring political speech.

Religious Hatred and International Law

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Author :
Publisher :
ISBN 13 : 9781316455319
Total Pages : 0 pages
Book Rating : 4.4/5 (553 download)

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Book Synopsis Religious Hatred and International Law by : Jeroen Temperman

Download or read book Religious Hatred and International Law written by Jeroen Temperman and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN International Covenant on Civil and Political Rights obliges state parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence. This book traces the origins of this provision and proposes an actus reus for this offence. The question of whether hateful incitement is a prohibition per se or also encapsulates a fundamental 'right to be protected against incitement' is extensively debated. Also addressed is the question of how to judge incitement. Is mens rea required to convict someone of advocating hatred, and if so, for what degree of intent? This analysis also includes the paramount question if and to what extent content and/or context factors ought to be decisive. The author extensively engages with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights.

Complicity in International Law

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Publisher : Oxford Monographs in Internati
ISBN 13 : 0198736932
Total Pages : 273 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Complicity in International Law by : Miles Jackson

Download or read book Complicity in International Law written by Miles Jackson and published by Oxford Monographs in Internati. This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.

Incitement to Terrorism

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Publisher : BRILL
ISBN 13 : 9004359826
Total Pages : 187 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Incitement to Terrorism by : Anne F. Bayefsky

Download or read book Incitement to Terrorism written by Anne F. Bayefsky and published by BRILL. This book was released on 2018-03-22 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Incitement to terrorism connects the dots between evil words and evil deeds. Hate precedes terror. History has already taught us that incitement to genocide and to crimes against humanity unchecked will inevitably bring devastation to humankind. Incitement is an affront to the dignity of its victims, and poses a dire threat to all people of good will. However, combating incitement to terrorism poses operational, constitutional and human rights challenges on many fronts, both domestically and internationally. What is incitement? Where should the line be drawn between protected speech and incitement that should be criminalized? Does war change the calculus of what are appropriate and lawful measures to contain and respond to such incitement? And, perhaps most challenging of all, how does social media and the nature of communication and engagement in today’s virtual world change or complicate how we think about and can respond to incitement?

The Concept of Genocide in International Criminal Law

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Author :
Publisher : Routledge
ISBN 13 : 9780367504984
Total Pages : 288 pages
Book Rating : 4.5/5 (49 download)

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Book Synopsis The Concept of Genocide in International Criminal Law by : Marco Odello

Download or read book The Concept of Genocide in International Criminal Law written by Marco Odello and published by Routledge. This book was released on 2022-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe, and it was then incorporated into the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts, and see whether the definition in the 1948 convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments. As a valuable contribution to the debate on the significance, meaning and application of the crime of genocide the book will be essential reading for students and academics working in the areas of Legal History, International Criminal Law, Human Rights, and Genocide Studies. Chapter 12 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http: //www.taylorfrancis.com/books/e/9781003015222

The UN Genocide Convention

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Publisher :
ISBN 13 : 0199570213
Total Pages : 616 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The UN Genocide Convention by : Paola Gaeta

Download or read book The UN Genocide Convention written by Paola Gaeta and published by . This book was released on 2009 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity. The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalize and punish genocide. This book is a much-needed Commentary on the Genocide Convention. It analyzes and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux preparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future. "