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Hate Speech and Incitement in International Criminal Law

ARAN - Access to Research at NUI Galway

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dc.contributor.advisor Schabas, William A.
dc.contributor.author Timmermann, Wibke Kristin
dc.date.accessioned 2012-06-14T14:47:44Z
dc.date.issued 2011-09-27
dc.identifier.uri http://hdl.handle.net/10379/2864
dc.description.abstract This thesis critically analyzes the status of hate speech and incitement in international criminal law. It begins by examining the harm and dangers of hate speech. Firstly, the danger of public hate propaganda is considered in terms of its effect on society. Secondly, it is contended that hate speech violates the victims' right to respect for their dignity. Any restriction of hate speech raises free speech concerns. The thesis contends that whilst freedom of speech is of immense importance, imposing restrictions on hate speech in certain circumstances is justified. Thus, systematic hate speech employed by a State government or a State-like body as part of an on-going persecutory campaign against a minority group does not warrant free speech protections. In such circumstances, hate speech is appropriately regarded as the crime against humanity of persecution. The author supports this view by drawing on the jurisprudence of the International Criminal Tribunals, the Nuremberg Tribunal and post-World War II judgments. The thesis agrees with the Rwanda Tribunal Appeal Chamber's finding in the Nahimana et al. case that hate speech may amount to persecution if, considering the context, it is of equal gravity as other crimes against humanity. The thesis then turns to consider direct and public incitement in light of the jurisprudence of the International Criminal Tribunals and of the Nuremberg Tribunal. It is contended that this inchoate crime should apply not only to genocide, but also to other international crimes within the International Criminal Court's jurisdiction. Finally, modes of liability related to incitement are examined, including instigation under the Statutes of the International Criminal Tribunals, and soliciting and inducing under the Rome Statute. The author proposes ways in which they are distinguishable from related forms of liability, including commission through another person and aiding and abetting. en_US
dc.subject Hate speech en_US
dc.subject Incitement to commit genocide en_US
dc.subject Instigation en_US
dc.subject Solicitation en_US
dc.subject Propaganda en_US
dc.subject Human dignity en_US
dc.subject Humiliation en_US
dc.subject Freedom of speech en_US
dc.subject Persecution en_US
dc.subject Crimes against humanity en_US
dc.subject Inchoate crime en_US
dc.subject Continuing crime en_US
dc.subject Commission through another person en_US
dc.subject Aiding and abetting en_US
dc.subject Human Rights Law en_US
dc.subject Human Rights Law en_US
dc.title Hate Speech and Incitement in International Criminal Law en_US
dc.type Thesis en_US
dc.local.note The thesis argues that hate speech by governments and other powerful bodies against vulnerable groups should be criminalised internationally. Such hate speech violates human dignity and is dangerous because of the effects of propaganda on people. The thesis also addresses the right to freedom of speech and looks at what it means to incite other people to commit crimes such as genocide. en_US
dc.description.embargo 2014-11-15
dc.local.final Yes en_US

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