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Books > Law > International law > International criminal law
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Atrocity Speech Law - Foundation, Fragmentation, Fruition (Hardcover)
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Atrocity Speech Law - Foundation, Fragmentation, Fruition (Hardcover)
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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.
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