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Articles 1 - 7 of 7
Full-Text Articles in Law
The Forgotten Nuremberg Hate Speech Case: Otto Dietrich And The Future Of Persecution Law, Gregory S. Gordon
The Forgotten Nuremberg Hate Speech Case: Otto Dietrich And The Future Of Persecution Law, Gregory S. Gordon
Gregory S. Gordon
Among international jurists, the conventional wisdom is that atrocity speech law sprang fully formed from two judgments issued by the International Military Tribunal at Nuremberg (IMT): the crimes against humanity conviction of Nazi newspaper editor Julius Streicher, and the acquittal on the same charge of Third Reich Radio Division Chief Hans Fritzsche. But the exclusive focus on the IMT judgments as the founding texts of atrocity speech law is misplaced. Not long after Streicher and Fritzsche, and in the same courtroom, the United States Nuremberg Military Tribunal (NMT) in the Ministries Case, issued an equally significant crimes against …
Hate Speech And Persecution: A Contextual Approach, Gregory S. Gordon
Hate Speech And Persecution: A Contextual Approach, Gregory S. Gordon
Gregory S. Gordon
Scholarly work on atrocity-speech law has focused almost exclusively on incitement to genocide. But case law has established liability for a different speech offense: persecution as a crime against humanity (CAH). The lack of scholarship regarding this crime is puzzling given a split between the International Criminal Tribunals for Rwanda (ICTR) and Yugoslavia (ICTY) on the issue of whether hate speech can serve as an actus reus for CAH-persecution. In the 2000 Ruggiu and 2003 Nahimana judgments, separate ICTR Trial Chambers found that hate speech radio broadcasts not calling for violence deprived the target ethnic group of fundamental rights and …
Emerging From The Shadow Of Nuremberg: Crimes Against Humanity In The Modern Age, Leila N. Sadat
Emerging From The Shadow Of Nuremberg: Crimes Against Humanity In The Modern Age, Leila N. Sadat
Leila N Sadat
This Article demonstrates the central importance of Crimes Against Humanity (CAH) prosecutions at the ad hoc international criminal tribunals and in the International Criminal Court (ICC). It represents the first comprehensive and empirical assessment of what CAH charges accomplish as a matter of observable practice. This empirical analysis informs the construction of a new theory of CAH in modern international criminal law. The Article analyzes the early jurisprudence of the ICC and challenges the conventional wisdom that CAH must be interpreted unduly restrictively, with reference to Nuremberg in mind. Instead, CAH at the world’s first permanent international criminal court must …
Суд Над Нацистским Правом. Нюрнбергский Процесс: 65 Лет Спустя, Leonid G. Berlyavskiy
Суд Над Нацистским Правом. Нюрнбергский Процесс: 65 Лет Спустя, Leonid G. Berlyavskiy
Leonid G. Berlyavskiy
The article is devoted to the research of the Nazi Law that has been carried out by the International Military Tribunal in Nuremberg. The 65 anniversary of its activity is marked now. The basic attention is given to theoretical bases of the charges shown to the main military criminals in the Nuremberg process, totali-tarian system of power, and also the Legal policy of fascist Germany and the basic components of the Nazi Law presented by the main accusers in the process
On Universal Jurisdiction—Birth, Life And A Near-Death Experience?, Helena Gluzman
On Universal Jurisdiction—Birth, Life And A Near-Death Experience?, Helena Gluzman
Bocconi Legal Papers
This paper investigates the topic of universal jurisdiction, ie the supranational prosecution and repression—without the necessity of a link between the accused and the prosecuting state—of crimes of such gravity and magnitude as to collide with certain core values accepted by the international community and transcending the peculiarity of national interests. The focus of the chapter is exactly to try and discern the scope of universal jurisdiction, distinguishing between the two different versions of universality theorized by contemporary authors: ‘conditional universal jurisdiction’, which requires the presence of the accused in the prosecuting state, and ‘absolute universal jurisdiction’, according to which …
The Right To A Fair Mistrial: A Criticism Of The Procedures At The International Criminal Tribunal For The Former Yugoslavia, Kelly Isel Robreno
The Right To A Fair Mistrial: A Criticism Of The Procedures At The International Criminal Tribunal For The Former Yugoslavia, Kelly Isel Robreno
Kelly Isel Robreno
My note highlights the systematic procedural wrongs that persist at the International Criminal Tribunal for the Former Yugoslavia. The background begins with a discussion of the model for the tribunal, Nuremberg. It then reviews the turmoil that dominated the Balkan region and demonstrates the reasons that the U.N. was prompted to create the tribunal. The analysis pays close attention to the language that authorized the tribunal in comparison to the Nuremberg Charter. This section also presents several case studies from the region highlighting many of the systematic and procedural flaws that perpetuate so long after its founding (now almost 15 …
From Incitement To Indictment? Prosecuting Iran's President For Advocating Israel's Destruction And Piecing Together Incitement Law's Emerging Analytical Framework, Gregory S. Gordon
From Incitement To Indictment? Prosecuting Iran's President For Advocating Israel's Destruction And Piecing Together Incitement Law's Emerging Analytical Framework, Gregory S. Gordon
Gregory S. Gordon
On October 25, 2005, at an anti-Zionism conference in Tehran, Iran's President, Mahmoud Ahmadinejad, called for Israel to "be wiped off the face of the map" -- the first in a series of incendiary speeches arguably advocating liquidation of the Jewish state. Certain commentators argue that these speeches constitute direct and public incitement to commit genocide. This Article analyzes these arguments by examining the nature and scope of recent groundbreaking developments in incitement law arising from the Rwandan genocide prosecutions. For the first time in the legal literature, the Article pieces together an analytical framework based on principles derived from …