This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.
Essays by twenty legal communication scholars consider the eligibility of free speech and the issues associated with its protection, in a collection that considers such topics as unregulated speech and the free market, the concept of obscenity as expression, symbolic language, and the consequences of pre-publication restraint. Simultaneous. (Politics & Government)
Fifty years before his death in 2013, Nelson Mandela stood before Justice de Wet in Pretoria's Palace of Justice and delivered one of the most spectacular and liberating statements ever made from a dock. In what came to be regarded as "the trial that changed South Africa", Mandela summed up the spirit of the liberation struggle and the moral basis for the post-Apartheid society. In this blistering critique of Apartheid and its perversion of justice, Mandela transforms the law into a sword and shield. He invokes it while undermining it, uses it while subverting it, and claims it while defeating it. Wise and strategic, Mandela skilfully reimagines the courtroom as a site of visibility and hearing, opening up a political space within the legal. This volume returns to the Rivonia courtroom to engage with Mandela's masterful performance of resistance and the dramatic core of that transformative event. Cutting across a wide-range of critical theories and discourses, contributors reflect on the personal, spatial, temporal, performative, and literary dimensions of that constitutive event. By redefining the spaces, institutions and discourses of law, contributors present a fresh perspective that re-sets the margins of what can be thought and said in the courtroom.
An examination of the historical experience of African Americans as a case study of America's legacy of racial violence. * Four narrative chapters examine the history of black–white relations since America was founded * A–Z entries cover important people, laws, events, and concepts and a special documents section includes court decisions, magazine stories, and personal accounts
The Classical Athenians were the first to articulate and implement the notion that ordinary citizens of no particular affluence or education could make responsible political decisions. For this reason, reactions to Athenian democracy have long provided a prime Rorschach test for political thought. Whether praising Athens's government as the legitimizing ancestor of modern democracies or condemning it as mob rule, commentators throughout history have revealed much about their own notions of politics and society. In this book, Jennifer Roberts charts responses to Athenian democracy from Athens itself through the twentieth century, exploring a debate that touches upon historiography, ethics, political science, anthropology, sociology, philosophy, gender studies, and educational theory.
An examination of the criminal responsibility of individuals for the commission of war crimes etc.
How much are today's youth actually influenced by violence in the media? People who would never dispute the positive influence of programs like Sesame Street are reluctant to acknowledge that other programming may do harm. As early as the 1930s, however, parents were expressing concerns about the content of various media, including radio and comic books. Today, almost every violent crime perpetrated by a young person is probed for evidence of media influence, often while other contributing factors are ignored. With an in-depth look at media violence and its possible influence on young viewers, this book examines how the "media made me do it" defense has affected today's courtrooms. Highly publicized cases such as those of Lionel Tate and Joshua Cooke, both of whom used media influence (television wrestling and The Matrix, respectively) as part of their defense, are discussed in detail. Other topics include the creation and maintenance of rating systems, parental involvement and ultimate responsibility.
The "Israel Yearbook on Human Rights" - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971 - is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The "Yearbook" also incorporates documentary materials, relating to Israel and the Administered Areas, which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).
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.
Modern Women on Trial looks at several sensational trials involving drugs, murder, adultery, miscegenation and sexual perversion in the period 1918–24. The trials, all with young female defendants, were presented in the media as morality tales, warning of the dangers of sensation-seeking and sexual transgression. The book scrutinises the trials and their coverage in the press to identify concerns about modern femininity. The flapper later became closely associated with the 'roaring' 1920s, but in the period immediately after the Great War she represented not only newness and hedonism, but also a frightening, uncertain future. This figure of the modern woman was a personification of the upheavals of the time, representing anxieties about modernity, and instabilities of gender, class, race, and national identity. This accessible, extensively researched book will be of interest to all those interested in social, cultural or gender history.
This book documents the devastating effects of genocide in the world's most destructive human environments since the end of World War II and explores why such events still occur.
This is a practical and detailed reference guide to the procedure for taking a case to the European Court of Human Rights (ECHR). As well as explaining the principles of the European Convention on Human Rights (and its role in UK law), the book provides step-by-step guidance on the practices and procedures involved in bringing a case before the ECHR, ensuring that practitioners have a comprehensive guide to practising in the Court.The new edition will provide an update on the relevant procedures, case law and problem areas, as well as including a clear explanation of the organisation and structure of the ECHR, the latest trends in case sources and topics, and coverage of key provisions and general principles organised by subject area.
International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed beyond recognition. The traditional immunity of presidents or heads of government, prime ministers, and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and non-international armed conflict has closed. More generally, the bridge has been crossed between the irresponsibility of the state and the criminal responsibility of the individual. As a result, the traditional impunity of the state has practically gone. This book, by one of the former judges of the ICTY, ICTR, and the International Court of Justice, assesses some of the workings of the ICTY that have shaped these developments. In it, Judge Shahabuddeen provides an insightful overview of the nature of this criminal court, established on behalf of the whole of the international community. He reflects on its transformation into one of the leading fora for the growth of international criminal law first-hand, offering a unique perspective on the challenges it has faced. Judge Shahabuddeen's experience in international criminal justice makes this volume essential reading for those interested in, or working with, international criminal law.
This 17th volume of Annotated Leading Cases of International Criminal Tribunals contains the most important decisions of the International Criminal Tribunal for Rwanda from December 1, 2003 to January 22, 2004. It includes the most important decisions, identical to the original version, and includes concurring, separate, and dissenting opinions. In the book, distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 17)