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Author Gordon, Gregory S., author

Title Atrocity speech law : foundation, fragmentation, fruition / Gregory S. Gordon
Published New York, NY, United States of America : Oxford University Press, [2017]

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Description 1 online resource (xxviii, 435 pages)
Contents Speech and atrocity : an historical sketch -- International human rights law and domestic law -- The birth of atrocity speech law : Nuremberg and the foundational statutes -- The birth of atrocity speech law : 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 absence of criminal prohibitions regarding 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 This book is the first comprehensive study of the international law encompassing hate speech. 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 Includes bibliographical references and index
Notes Online resource; title from front matter (University press scholarship online, viewed May 26, 2017)
Subject Hate speech -- Law and legislation.
Atrocities -- Law and legislation.
Hate crimes -- Law and legislation.
War crimes.
Genocide.
International law and human rights.
LAW -- Constitutional.
LAW -- Public.
Atrocities -- Law and legislation
Genocide
Hate crimes -- Law and legislation
Hate speech -- Law and legislation
International law and human rights
War crimes
Hate speech.
Genocide.
War crimes.
Crimes against humanity.
Persecution.
History.
Case-law.
Laws of specific jurisdictions & specific areas of law.
Law.
Form Electronic book
ISBN 9780190612696
019061269X
9780190612719
0190612711
0190612681
9780190612689