Prosecuting "Hate Speech" in International Criminal Law: Rethinking the Issues of Criminal Participation and Causation

Criminal Law

Prosecuting "Hate Speech" in International Criminal Law: Rethinking the Issues of Criminal Participation and Causation

By Avitus Agbor
Springer International November 2024

Specifications

ISBN-13
9783031745423
Publisher
Springer International
Publication
November 2024
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

The book explores the prohibition and prosecution of hate speech in international law. Building on the international legal framework, the invaluable jurisprudence of the Trial and Appeal Chambers of the UN ad hoc Tribunals (the ICTY and the ICTR), and views of scholars in the social sciences, the book focuses on two inter-related complexities in prosecuting hate speech in international criminal law: criminal participation and causation. A hypothetical scenario is developed, with numerous actors playing various roles in that given context, with the impact of altering their criminal liability, and raising further questions that touch on the issue of causation in criminal law.

Table of Contents

Introduction
Prosecuting "hate speech" at the IMT, Nuremberg
Prosecuting "Hate Speech": peeping into some notional and philosophical complexities
The Manyemanyan (hypothetical) scenario: a snapshot of legal complexities in prosecuting hate speech
Hate Speech and criminal participation in the Manyemanya Scenario
Hate speech beyond "instigation" as a mode of participation: rethinking some nuanced instances of accessorial liability
Causation in the Manyemanya scenario
Conclusion and Recommendations for future legal research
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