Incitement to Hatred: Hate Propaganda and the Preventive Function of the International Criminal Courts and Tribunals

Our third Peace Talk will take place next 5 December 2018, and will analyse the role of international courts in tackling hate propaganda.

Title: Incitement to Hatred: Hate Propaganda and the Preventive Function of the International Criminal Courts and Tribunals

Author: Mohamed Badar

Date and time: Wednesday 5 December 2018, 5-7 p.m. (coffee from 4:45 p.m.)

Abstract: In the resolution creating the ICTY, the Security Council cited its determination not only to deter further atrocities but also ‘to take effective measures to bring to justice the persons who are responsible for them.” In the ICTY’s first annual report to the UN General Assembly and Security Council, then ICTY President Antonio Cassese described this aim with elegant simplicity—“to do justice.” Judgments such as the one rendered by the Trial Chamber in Šešelj fail miserably this mission. Received by the affected communities with utter shock, a disappointment in the tribunal and a deep sense of insult, the judgment essentially declared one of the biggest war propagandists of the Balkan wars in the 1990s innocent on all grounds of the indictment. On the other hand from a deterrence point of view a signal has been sent that as long as you are clever enough about your hate propaganda you remain untouchable by the law. Unsurprisingly the judgment received an epilogue at the Appeal Chamber, which substantially reversed its findings, however not to a sufficient extent. Apart from the failure of the Chambers themselves, one can also observe an essentially problematic applicable law when it comes to questions of hate propaganda during armed conflicts and the dilemma encountered by international criminal courts and tribunals in attributing responsibility of international crimes to hate propagandists.

Attendance is free of charge, but please book your place via https://www.eventbrite.co.uk/e/incitement-to-hatred-hate-propaganda-and-the-preventive-function-of-the-international-criminal-tickets-52907674278

For more information, please email us at celi@le.ac.uk

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