Incitement in International Criminal Law

Seyed Ali Ehsankhah

Abstract


We critically analyse in this article the status of incitement in international criminal law. After a discussion of the relevant judgments by the Nuremberg Tribunal and related courts, including German de-Nazification courts, the travaux pre´paratoires of the Genocide Convention and the case-law of the International Criminal Tribunals, the international approach is criticized, particularly its practice of regarding only direct and public incitement to genocide as inchoate, whilst instigation generally is treated as not inchoate. The author recommends the adoption of an approach modelled on German and Swiss domestic law and argues that instigation per se should also be regarded as an inchoate crime.

We critically analyzes the status of the different speech acts related to hate propaganda in international law, that is, hate speech, direct and public incitement, instigation, and war propaganda. The article explain the concept of inchoate crimes, as much of the debate on the speech acts concerned centers around the issue of whether they are inchoate or not, that is, whether they can be punished without the need for the crime sought to be instigated to be committed.


Keywords


Incitement, Genocide, Hate Propaganda.

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