Overview

Hate speech is widely considered a precondition for mass atrocity. Since the rise of international criminal tribunals after World War II and the development of international criminal law, defendants have been prosecuted for individual speech acts connected to gross human rights violations under charges that have coalesced into direct and public incitement to commit genocide; persecution as a crime against humanity; and instigation. The resulting jurisprudence has been fragmented and confused, and existing scholarship has been focused on particular tribunals or situations. The splintered rulings give inadequate notice to would-be hate speakers as to what speech is prohibited, which weakens prevention efforts and leads to inconsistent results. This is especially problematic considering ongoing atrocity speech prosecutions across the International Criminal Tribunal for Rwanda.This book is the first comprehensive study of the international law encompassing hate speech. Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.

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9780190612689

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Reviews

Professor Gregory Gordon's book, Atrocity Speech Law: Foundation to Fragmentation to 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, Greg 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

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

Author Information

Gregory S. Gordon is an Associate Professor, Associate Dean for Development/External Affairs, and Director of Research Postgraduates Program at the Chinese University of Hong Kong Faculty of Law. He is a prolific expert on international criminal law and atrocity speech law. Professor Gordon authored a series of articles on hate speech and atrocity speech law that appeared in the Virginia Journal of International Law, Columbia Journal of Transnational Law, Vanderbilt Journal of Transnational Law, Fordham Journal of International Law, Georgia Journal of International Law, and the Ohio State Law Review. Prior to academia, he served seven years as a federal criminal trial attorney in the U.S. Department of Justice, and as a Legal Officer for the International Criminal Tribunal for Rwanda.

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