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Atrocity Speech Law
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.
Incitement on Trial
This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.
The Eichmann Trial
***NATIONAL JEWISH BOOK AWARD FINALIST (2012)*** Part of the Jewish Encounter series The capture of SS Lieutenant Colonel Adolf Eichmann by Israeli agents in Argentina in May of 1960 and his subsequent trial in Jerusalem by an Israeli court electrified the world. The public debate it sparked on where, how, and by whom Nazi war criminals should be brought to justice, and the international media coverage of the trial itself, was a watershed moment in how the civilized world in general and Holocaust survivors in particular found the means to deal with the legacy of genocide on a scale that had never been seen before. Award-winning historian Deborah E. Lipstadt gives us an overview of the trial ...
Hong Kong's War Crimes Trials
Immediately after the Second World War 46 trials were held by the British military in Hong Kong in which 123 defendants, mainly from Japan, were tried for war crimes. This book is the first to analyze these trials, situating them within their historical context and showing their importance for the development of international criminal law.
Controlling the State
This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America. From its beginning in Polybius' interpretation of the classical concept of mixed government, the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of sovereignty, the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.
Down to the Wire
Today, in the aftermath of UPI's tragic plummet, it is still hard to believe that a journalistic institution with a tradition of excellence so hard earned and well deserved could have been allowed to self-destruct and almost disappear. The authors- who together have a combined forty-three years of experience at UPI- tell a stunning, insiders' tale of intrigue, mismanagement, financial gymnastics, greed, and lust for power. The story, spiced with heroics and betrayals, comedy, and pathos, provides an extraordinary glimpse into how UPI was dragged from the ranks of the world's media giant. -- Book Jacket.
The Evolution of International Criminal Procedure
This book examines the evolution of international criminal procedure from the 1945–1946 Nuremberg and Tokyo trials to the present period. It is largely based on a normative-jurisprudential approach to the procedural rules, comparing both norms and case law of the relevant courts and tribunals. The book shows the possibility of classifying “international criminal procedure” as an autonomous concept and field of study, which is constantly evolving due to the interaction of different legal cultures that characterizes this subject matter and is derived from the varied procedures as established in both statutory law and jurisprudence. Far from being an autonomous entity, international crimi...
The Legacy of Ad Hoc Tribunals in International Criminal Law
In the post-Nuremberg era two of the most important developments in international criminal law are the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Created through UN Security Council resolutions, with specific mandates to prosecute those responsible for serious violations of international humanitarian law, the ICTY and the ICTR played crucial roles in the development of international criminal law. Through a series of chapters written by leading authorities in the field, The Legacy of Ad Hoc Tribunals in International Criminal Law addresses the history of the ICTY and the ICTR, and the important aspects of the tribunals' accomplishments. From examining the groundwork laid by the ICTY and the ICTR for greater international attention to crimes against humanity to the establishment of the International Criminal Courts, this volume provides a comprehensive overview of the impact and lasting roles of these tribunals.
