Atrocity Speech Law: Foundation, Fragmentation, Fruition
| Main Author: | Gregory S. Gordon |
|---|---|
| Format: | Book |
| Bahasa: | eng |
| Terbitan: |
Oxford University Press
, 2017
|
| Subjects: | |
| Online Access: |
http://perpustakaan.komnasham.go.id/opackomnas/index.php?p=show_detail&id=11920 http://perpustakaan.komnasham.go.id/opackomnas/lib/phpthumb/phpThumb.php?src=../../images/docs/8688.jpg.jpg |
| ctrlnum |
slims-11920 |
|---|---|
| fullrecord |
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<dc schemaLocation="http://www.openarchives.org/OAI/2.0/oai_dc/ http://www.openarchives.org/OAI/2.0/oai_dc.xsd"><title>Atrocity Speech Law: Foundation, Fragmentation, Fruition</title><creator>Gregory S. Gordon</creator><subject>Genosida</subject><subject>Kejahatan Terhadap Kemanusiaan</subject><subject>Persecution</subject><subject>Hate propaganda</subject><subject>Persekusi</subject><subject>Crimes against humanity</subject><subject>Propaganda kebencian</subject><subject>Ujaran kebencian</subject><subject>Hate speech</subject><subject>Genocide</subject><publisher>Oxford University Press</publisher><date>2017</date><language>eng</language><type>Book:Book</type><identifier>http://perpustakaan.komnasham.go.id/opackomnas/index.php?p=show_detail&id=11920</identifier><identifier>9780190612689</identifier><description>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.</description><geographic>New York</geographic><identifier>http://perpustakaan.komnasham.go.id/opackomnas/lib/phpthumb/phpThumb.php?src=../../images/docs/8688.jpg.jpg</identifier><description>xxviii, 436 pages; 25 x 17 cm.</description><subject>INT IV.23</subject><recordID>slims-11920</recordID></dc>
|
| language |
eng |
| format |
Book:Book Book |
| author |
Gregory S. Gordon |
| title |
Atrocity Speech Law: Foundation, Fragmentation, Fruition |
| publisher |
Oxford University Press |
| publishDate |
2017 |
| isbn |
9780190612689 |
| topic |
Genosida Kejahatan Terhadap Kemanusiaan Persecution Hate propaganda Persekusi Crimes against humanity Propaganda kebencian Ujaran kebencian Hate speech Genocide INT IV.23 |
| url |
http://perpustakaan.komnasham.go.id/opackomnas/index.php?p=show_detail&id=11920 http://perpustakaan.komnasham.go.id/opackomnas/lib/phpthumb/phpThumb.php?src=../../images/docs/8688.jpg.jpg |
| contents |
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. xxviii, 436 pages; 25 x 17 cm. |
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IOS16498.slims-11920 |
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Komnas HAM |
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library:special library |
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OPAC Komnas HAM |
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Human Rights/Hak Asasi Manusia, HAM Law and Bases of Morality/Hukum dan Moral Dasar |
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JAKARTA PUSAT |
| province |
DKI JAKARTA |
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IOS16498 |
| first_indexed |
2022-01-12T10:39:42Z |
| last_indexed |
2022-01-12T10:39:42Z |
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dc |
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1721747074609840128 |
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17.61047 |