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The Prohibition of Propaganda for War in International Law$
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Michael G. Kearney

Print publication date: 2007

Print ISBN-13: 9780199232451

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199232451.001.0001

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From Nuremberg to The Hague: Towards an International Crime of Incitement to Aggression

From Nuremberg to The Hague: Towards an International Crime of Incitement to Aggression

Chapter:
(p.191) 5 From Nuremberg to The Hague: Towards an International Crime of Incitement to Aggression
Source:
The Prohibition of Propaganda for War in International Law
Author(s):

Michael G. Kearney

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199232451.003.0006

This chapter makes the case for the inclusion in the Rome Statute of a distinct and inchoate crime of ‘direct and public incitement to aggression’. A similar offence was included in the International Law Commission's draft Code of Offences Against the Peace and Security of Mankind in 1954 yet omitted from the 1996 draft, a move which is herein considered. The jurisprudence of the ad hoc international criminal tribunals provide guidance on the criminalization of incitement to crimes of an international dimension, especially cases dealing with charges of hate speech, war propaganda, and incitement to genocide, war crimes, or crimes against humanity. The Rome Statute itself, and its drafting, is also discussed, particularly with regards the crime of aggression.

Keywords:   Rome statute, International Law Commission, incitement, aggression, Rwanda, Nahimana, inchoate, Yugoslavia, Nuremberg, genocide

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