This book offers a comprehensive study of incitement in its various forms in international law. It discusses the status of incitement to hatred in human rights law and examines its harms and dangers as well as the impact of a prohibition on freedom of speech. The book additionally presents a detailed definition of punishable incitement. In this context, Wibke K. Timmermann argues that incitement should be recognized as the crime of persecution, where it is utilized within a system of persecutory measures by the State or a similarly powerful organization.
The book draws on the Nahimana case before the International Criminal Tribunal for Rwanda, as well as jurisprudence from German and other courts following World War II to provide support for this proposal. The work moreover provides a comprehensive analysis of public incitement to crimes; solicitation or instigation; and the related modes of liability aiding and abetting and commission through another person.
Dedicated exclusively and comprehensively to incitement in its various forms, this book will be of essential use and great interest to students and researchers of international criminal law and human rights law, in addition to practitioners within these areas.
"Incitement in International Law is a comprehensive legal and intellectual study of the position of incitement to hatred in international human rights and criminal law. Subjecting the concepts of propaganda and incitement to detailed critical, conceptual, contextual, legal and historical scrutiny, Timmermann persuasively argues for a modified perspective on current case law and jurisprudence, by providing a viable framework in establishing incitement to hatred as the crime against humanity of persecution. This volume provides the most complete and astute guidelines to both practitioners and scholars in dealing with the phenomenon of incitement and its consequences as part of international criminal trials."
- Predrag Dojcinovic, Linguist and Researcher, Office of the Prosecutor, International Criminal Tribunal for the formerYugoslavia
Introduction 1. The Harm of Public Incitement to Hatred 2. Incitement to Hatred and the Right to Freedom of Speech 3. The Prohibition of Incitement to Hatred in Human Rights Law 4. Incitement to Hatred as Persecution 5. Criminalization of Incitement to Crimes 6. Conclusion
The series offers a space for new and emerging scholars of international law to publish original arguments, as well as presenting alternative perspectives from more established names in international legal research. Works cover both the theory and practice of international law, presenting innovative analyses of the nature and state of international law itself as well as more specific studies within particular disciplines. The series will explore topics such as the changes to the international legal order, the processes of law-making and law-enforcement, as well as the range of actors in public international law. The books will take a variety of different methodological approaches to the subject including interdisciplinary, critical legal studies, feminist, and Third World approaches, as well as the sociology of international law. Looking at the past, present and future of international law the series reflects the current vitality and diversity of international legal scholarship.