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Author: Gregory S. Gordon
Publisher: Oxford University Press
ISBN: 0190612681
Category : History
Languages : en
Pages : 465
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Book Description
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.
Author: Gregory S. Gordon
Publisher: Oxford University Press
ISBN: 0190612681
Category : History
Languages : en
Pages : 465
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Book Description
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.
Author: Darryl Robinson
Publisher: Oxford University Press
ISBN: 0192558889
Category : Law
Languages : en
Pages : 911
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Book Description
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Author: Andrea Scheffler
Publisher:
ISBN: 9789994577309
Category :
Languages : en
Pages : 119
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Book Description
Author: Steven R. Ratner
Publisher: Oxford University Press
ISBN: 0199546665
Category : History
Languages : en
Pages : 534
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Book Description
This book explores the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It analyses the principal crimes, such as genocide and crimes against humanity, and appraises the mechanisms developed to bring individuals to justice.
Author: Margaret M. DeGuzman
Publisher:
ISBN: 0198786158
Category : Law
Languages : en
Pages : 241
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Book Description
The literature and jurisprudence of international criminal law relies on the claim that international crimes are exceptionally grave. They 'shock the conscience of humanity'. They are 'atrocities'. Yet what makes international crimes especially grave is rarely explained. Addressing the balance, Margaret DeGuzman explains what affect the historical occurrences that led to the heavy reliance on the concept of gravity, including the atrocities of the World War II era, and the crimes of Yugoslavia and Rwanda, had on international law. DeGuzman demonstrates how, in later decades, gravity has been used to obscure controversial value choices. This book looks to build the legitimacy of the international criminal law regime by exposing the value choices that the rhetoric of 'gravity' entails, and poses a new framework for assessing the legitimacy of international criminal law. Instead of solely relying on 'gravity', DeGuzman looks to wider values to ensure the continued legitimacy of international criminal law.
Author: Predrag Dojcinovic
Publisher: Routledge
ISBN: 113658840X
Category : Law
Languages : en
Pages : 354
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Book Description
First Published in 2012. Propaganda, War Crimes Trials and International Law addresses the emerging jurisprudence and international law concerning propaganda in war crimes investigations and trials. The role of propaganda in the perpetration of atrocities has emerged as a central theme in the war crimes trials in the past century. The Nuremburg trials initially, and the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda currently, have all substantially contributed to the development of international law in this respect. Investigating and exploring the areas between lawful and unlawful propaganda, they have dealt with specific mechanisms and consequences of the phenomenon within the perspective and framework of their international legal mandates. But the cultural codes and argots through which propaganda operates have vexed international courts struggling to assign responsibility to the instigators of mass crimes, as subtle, but potentially fatal, communications often remain undetected, misinterpreted or even dismissed as entirely irrelevant. With contributions from leading international scholars and legal practioners, Propaganda, War Crimes Trials and International Law pursues a comparative approach to this problem: providing an overview of the current state of the theory of propaganda in the social sciences; exploring this theory in the legal analysis of war crimes and related proceedings; and, finally, offering a study of the prosecution of propaganda-related crimes in international law, and the newly emerging jurisprudence of war crimes propaganda cases.
Author: Jennifer Trahan
Publisher: Cambridge University Press
ISBN: 1108487017
Category : Law
Languages : en
Pages : 375
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Book Description
The book outlines legal limits to the veto power of UN Security Council permanent members while atrocity crimes are occurring.
Author: Richard Ashby Wilson
Publisher: Cambridge University Press
ISBN: 110710310X
Category : Law
Languages : en
Pages : 377
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Book Description
This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.
Author: Predrag Dojčinović
Publisher: Routledge
ISBN: 0429812841
Category : Law
Languages : en
Pages : 349
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Book Description
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.
Author: Gareth Evans
Publisher: Rowman & Littlefield
ISBN: 0815701802
Category : Political Science
Languages : en
Pages : 369
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Book Description
"Never again!" the world has vowed time and again since the Holocaust. Yet genocide, ethnic cleansing, and other mass atrocity crimes continue to shock our consciences—from the killing fields of Cambodia to the machetes of Rwanda to the agony of Darfur. Gareth Evans has grappled with these issues firsthand. As Australian foreign minister, he was a key broker of the United Nations peace plan for Cambodia. As president of the International Crisis Group, he now works on the prevention and resolution of scores of conflicts and crises worldwide. The primary architect of and leading authority on the Responsibility to Protect ("R2P"), he shows here how this new international norm can once and for all prevent a return to the killing fields. The Responsibility to Protect captures a simple and powerful idea. The primary responsibility for protecting its own people from mass atrocity crimes lies with the state itself. State sovereignty implies responsibility, not a license to kill. But when a state is unwilling or unable to halt or avert such crimes, the wider international community then has a collective responsibility to take whatever action is necessary. R2P emphasizes preventive action above all. That includes assistance for states struggling to contain potential crises and for effective rebuilding after a crisis or conflict to tackle its underlying causes. R2P's primary tools are persuasion and support, not military or other coercion. But sometimes it is right to fight: faced with another Rwanda, the world cannot just stand by. R2P was unanimously adopted by the UN General Assembly at the 2005 World Summit. But many misunderstandings persist about its scope and limits. And much remains to be done to solidify political support and to build institutional capacity. Evans shows, compellingly, how big a break R2P represents from the past, and how, with its acceptance in principle and effective application in practice, the promise of "Never
