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Between Hate Speech and Mass Murder: How to Recognize Incitement to Genocide

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Chapter Summary

This chapter provides some reflections on the criminal law features of incitement to commit genocide. The author argues that it is a highly complicated concept give which-apart from some obvious and notorious cases like Streicher and Goebbels- is very difficult to apply in practice as it labors under a number of tensions. Squeezed between ?hate speech' and ?actual genocide,' incitement to genocide displays features of both ?crimes of expression' and ?risk crimes.' The author tries to demonstrate how the inconsistencies in the judgment of the ICTR's Trial Chamber can be attributed to the multi-faceted nature of incitement to commit genocide. Finally, the chapter discusses some possibilities to identify ?incitement to commit genocide' as a meaningful concept which can be applied in practice.

Keywords:crimes; criminal law; genocide; hate speech; incitement



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