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Full-Text Articles in Law
Music And Genocide: Harmonizing Coherence, Freedom And Nonviolence In Incitement Law, Gregory S. Gordon
Music And Genocide: Harmonizing Coherence, Freedom And Nonviolence In Incitement Law, Gregory S. Gordon
Gregory S. Gordon
Can singing a song constitute incitement to genocide? A recent decision by the International Criminal Tribunal for Rwanda (ICTR) in the case of Hutu extremist pop singer Simon Bikindi said it can. But in convicting Bikindi, it failed to apply, much less develop, the incitement law framework it had established, albeit in a piecemeal fashion, through a string of prior opinions (most notably in the famous "Media Case"). That framework asks judges to consider the purpose, text, context, and relationship between the speaker and subject to determine if a speech constitutes criminal incitement. Critics have pointed to the test's piecemeal …
Complementarity And Alternative Justice, Gregory S. Gordon
Complementarity And Alternative Justice, Gregory S. Gordon
Gregory S. Gordon
Certain commentators believe that domestic resort to alternative justice mechanisms (ARMs), such as Uganda's "mato oput" (a local tribal rite) or truth commissions, can relieve the International Criminal Court of its obligation to prosecute under the complementarity principle. However, this literature provides only general suggestions for how the ICC could determine whether alternative mechanisms render a case inadmissible under the complementarity regime. This article proposes a concrete set of analytic criteria the ICC can use to formulate an admissibility test for conducting complementarity analysis in difficult cases of municipal reliance on ARMs. The admissibility test entails consideration and parsing of …
An African Marshall Plan: Changing U.S. Policy To Promote The Rule Of Law And Prevent Mass Atrocity In The Democratic Republic Of Congo, Gregory S. Gordon
An African Marshall Plan: Changing U.S. Policy To Promote The Rule Of Law And Prevent Mass Atrocity In The Democratic Republic Of Congo, Gregory S. Gordon
Gregory S. Gordon
Since 1998, 5.4 million citizens of the Democratic Republic of Congo (DRC) have been killed in what many refer to as "Africa's First World War" -- the deadliest armed conflict since World War II. Despite a 2003 peace deal and the country's first elections in 2006, a staggering 45,000 people continue to die each month and as many as 4,000 women per year are being raped. As Western Europe needed a massive infusion of American assistance to lift itself from misery after World War II, this article contends that the DRC needs such an infusion now. It posits that ending …
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 …