Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination (Cambridge Studies in International and Comparative Law)
Cambridge University Press, 10/9/2015
EAN 9781107124172, ISBN10: 1107124174
Hardcover, 438 pages, 22.8 x 15.2 x 2.4 cm
Language: English
The UN International Covenant on Civil and Political Rights obliges state parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence. This book traces the origins of this provision and proposes an actus reus for this offence. The question of whether hateful incitement is a prohibition per se or also encapsulates a fundamental 'right to be protected against incitement' is extensively debated. Also addressed is the question of how to judge incitement. Is mens rea required to convict someone of advocating hatred, and if so, for what degree of intent? This analysis also includes the paramount question if and to what extent content and/or context factors ought to be decisive. The author extensively engages with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights.
1. Introduction
Part I. The Genesis of the Prohibition of Religious Hatred Constituting Incitement in International Law
2. Pre-ICCPR developments
3. The drafting of Article 20(2) ICCPR
Part II. Preliminary Matters
4. The mandatory nature of Article 20(2) ICCPR
5. Article 20(2) ICCPR
prohibition per se or also human right?
6. Comparative international perspectives
CERD and the European Court of Human Rights on the 'right to be free from incitement'
Part III. Legislative Obligations
Defining the Scope of the Offence of 'Advocacy of Religious Hatred that Constitutes Incitement'
7. The actus reus of 'advocacy of religious hatred constituting incitement'
threshold, definitions, and concepts
8. National incitement law checklist
Part IV. Judging Incitement
9. Intent
10. The context of religious hatred
11. Holocaust denial and glorification of religious violence
Part V. Aggravating Factors and Sanctions
12. Organized hatred
13. Sanctions
Part VI. Conclusion
14. Conclusion.