Atrocity Speech Law: Foundation, Fragmentation, Fruition by Gregory S. GordonAtrocity Speech Law: Foundation, Fragmentation, Fruition by Gregory S. Gordon

Atrocity Speech Law: Foundation, Fragmentation, Fruition

byGregory S. Gordon

Hardcover | May 23, 2017

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Hate speech is widely considered a precondition for mass atrocity. Since the rise of international criminal tribunals after World War II and the development of international criminal law, defendants have been prosecuted for individual speech acts connected to gross human rights violationsunder charges that have coalesced into direct and public incitement to commit genocide; persecution as a crime against humanity; and instigation. The resulting jurisprudence has been fragmented and confused, and existing scholarship has been focused on particular tribunals or situations. Thesplintered rulings give inadequate notice to would-be hate speakers as to what speech is prohibited, which weakens prevention efforts and leads to inconsistent results. This is especially problematic considering ongoing atrocity speech prosecutions across the International Criminal Tribunal forRwanda.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 intothree 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 applicationof 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 individualspeech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.
Gregory S. Gordon is an Associate Professor, Associate Dean for Development/External Affairs, and Director of Research Postgraduates Program at the Chinese University of Hong Kong Faculty of Law. He is a prolific expert on international criminal law and atrocity speech law. Professor Gordon authored a series of articles on hate speech ...
Title:Atrocity Speech Law: Foundation, Fragmentation, FruitionFormat:HardcoverDimensions:464 pages, 9.25 × 6.12 × 0.98 inPublished:May 23, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0190612681

ISBN - 13:9780190612689

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Editorial Reviews

"Professor Gregory Gordon compellingly argues that we need to re-conceptualize the jurisprudence of the international criminal law governing hate speech. He renames these principles 'atrocity speech law' and offers a trenchant critique of the inconsistent rulings of international tribunals.He proposes a resolution to the resulting conceptual uncertainties through a 'unified liability theory' that would harmonize the law on hate speech related to war crimes, genocide, and crimes against humanity. For those interested in effective prevention and punishment, this is a must read." --Professor Gregory Stanton, Founding President, Genocide Watch, George Mason University, Arlington, VA