Friday, April 14, 2017
New from Oxford University Press: Gregory S. Gordon, Atrocity Speech Law: Foudation, Fragmentation, Fruition (May, 2017). Here's a description of the book's content, provided by the publisher.
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 [publisher's description ends here].