Atrocity Speech Law
Subtitle: Foundation to Fragmentation to Fruition
Publisher: Oxford University Press, Incorporated
Published: 2017
Language: eng
Number of pages: 440
ISBN-13: 9780190612689
Subjects: Hate speech; Atrocities; Hate crimes; War crimes; Genocide
Description: 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.