🎉   Please check out our new website over at books-etc.com.

Seller
Your price
£100.00
Out of Stock

Atrocity Speech Law

Foundation, Fragmentation, Fruition

By (author) Gregory S. Gordon
Format: Hardback
Publisher: Oxford University Press Inc, New York, United States
Published: 8th Jun 2017
Dimensions: w 156mm h 234mm d 25mm
Weight: 827g
ISBN-10: 0190612681
ISBN-13: 9780190612689
Barcode No: 9780190612689
Trade or Institutional customer? Contact us about large order quotes.
Synopsis
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.

New & Used

Seller Information Condition Price
-New
Out of Stock

What Reviewers Are Saying

Submit your review
Newspapers & Magazines
Professor Gregory Gordon's paradigm-shifting work, Atrocity Speech Law: Foundation, Fragmentation, Fruition has helped change the very vocabulary we use to describe the rules and jurisprudence governing the relationship between hate speech and core international crimes, which is now commonly referred to by the book's title. Thanks to this seminal tome, we no longer have to think of delicts such as "incitement", "persecution", "instigation", and "ordering" as
disparate speech offences whose elements should not be considered with regard to one another; rather, under Gordon's brilliant umbrella term and his suggested corrections for each offence, we can regard them in a unified, systematic way that will lead to more coordinated and coherent charging decisions,
greater protection for legitimate free speech, and clearer jurisprudence. * Giovanni Chiarini, PKI Global Justice Journal * Atrocity Speech Law furthers a complicated discussion at a time when it is sorely needed. * David A. Meier, Holocaust and Genocide Studies * This book will be the definitive source on prosecuting atrocity speech in international criminal law. With its thorough research and insightful analysis, practitioners and scholars alike will find it an essential reference. Professor Gordon's unified theory of liability is thought-provoking and should be given serious consideration in future criminal proceedings. * Dr. Serge Brammertz, Chief Prosecutor, ICTY and MICT * As Professor Gregory Gordon systematically demonstrates in this groundbreaking book, the law governing speech and atrocity has become fragmented and ineffective. His brilliant 'Unified Liability Theory' offers an innovative solution for fixing the problems. This book is now the definitive single-volume international criminal law work on hate speech. It provides all the history, context, policy, and legal analysis necessary to understand the phenomenon and reform the
doctrine. * Adama Dieng, United Nations Special Adviser on the Prevention of Genocide * Words, text, rhyme, song: speech brings beauty, but it also fuels rage. Speech may prime a population to kill. Gregory Gordon's ambitious book reassesses the role of law in standing up to atrocity speech. Gordon astutely identifies gaps in the law and boldly suggests reforms. Delivered with elegance and panache, this book is a must read. And it is so timely. Atrocity speech - vented now in virtual spaces and through social media, and confabulated as 'news' - has
become more dangerous as it spreads even faster and stains more people more quickly. In response, we are fortunate to be able to invoke Gordon's creative, confident, and ethical voice. * Mark A. Drumbl, Class of 1975 Alumni Professor of Law, and Director, Transnational Law Institute Washington and Lee University School of Law * Professor Gregory Gordon's book, Atrocity Speech Law: Foundation, Fragmentation, Fruition, is an important contribution that will serve as a foundation stone for the future prevention of crimes against humanity...[It] will be a very useful tool to all scholars seeking a more peaceful world...[It] will offer new knowledge about a vital subject of stopping atrocity speech, which threatens the security of everyone. (From the Foreword) * Benjamin B. Ferencz, Nuremberg Prosecutor * Holistic, authoritative and comprehensive, Professor Gregory Gordon's masterful study of the relationship between expression and atrocity crimes sets out a framework for a delicate balance of competing objectives. It brings order to an area of international law that is fraught with fragmentation and contradiction. * William Schabas, Professor of International Law, Middlesex University, London * Gregory Gordon has written the definitive book on the power of words and the commission of atrocity crimes. This comprehensive and superbly written study critiquing tribunal jurisprudence on 'atrocity speech law' explains not only what has been adjudicated in the modern era, but also identifies the significant shortcomings in both the jurisprudence and international law that must be overcome in the years ahead. There is much work yet to be done, and Professor Gordon
sets the stage magnificently. * Ambassador David Scheffer, Mayer Brown/Robert A. Helman Professor of Law, Northwestern Pritzker School of Law * 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 * Atrocity Speech Law, examines the history of and jurisprudence governing the relationship between hate speech and international crimes. Gordon finds troubling incoherence within this area of the law but proposes an innovative solution: a "Unified Liability Theory" that would link all qualifying speech offenses to all atrocity crimes. * Andrew Cohen, Berkeley Law Magazine * ... groundbreaking study on the law governing the relationship between hate speech and international crimes. * Hong Kong Lawyerr *