Foundation, Fragmentation, Fruition

(Oxford University Press, 2017)

'Atrocity Speech Law: Foundation, Fragmentation, Fruition' is the first comprehensive study of the law governing the relationship between hate speech and international crimes, coining the term in the title in the process. The book analyzes the entire jurisprudential output related to the crimes of incitement to genocide, persecution as a crime against humanity, instigation, and ordering.

Its author, Professor Gregory S. Gordon considers how to strike the proper balance between criminalizing atrocity speech and protecting the liberty of expression, while identifying international law’s doctrinal incoherence as well as gaps in coverage regarding inflammatory speech, a growing doctrinal rift between the ICTR and ICTY, and the way forward for the ICC.

The book features a proposal for a new mode of criminal liability, speech abetting, and recommends fixing the entire body of law through an innovative “Unified Liability Theory” of atrocity speech law.