International Speech Crimes
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International Speech Crimes
International speech crimes are acts of speech which are criminalized under international law. Incitement to genocide is one example, but the Nuremberg trials and the International Criminal Tribunal for the former Yugoslavia convicted some defendants of crimes against humanity based on speech acts. For example, Serb politician Vojislav Šešelj was indicted for crimes against humanity, including "war propaganda and incitement of hatred towards non-Serb people". Serbian politician Radovan Karadžić was convicted of "participating in a joint criminal enterprise to commit crimes against humanity on the basis of his public speeches and broadcasts". Dario Kordić and Radoslav Brđanin Radoslav Brđanin (9 February 1948 – 7 September 2022) was a Bosnian Serb political leader and a war criminal. In 2004 he was sentenced to 32 years imprisonment by the International Criminal Tribunal for the Former Yugoslavia for crimes commi ... were also convicted of crimes based on instigatin ...
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Speech
Speech is a human vocal communication using language. Each language uses Phonetics, phonetic combinations of vowel and consonant sounds that form the sound of its words (that is, all English words sound different from all French words, even if they are the same word, e.g., "role" or "hotel"), and using those words in their semantic character as words in the lexicon of a language according to the Syntax, syntactic constraints that Governance, govern lexical words' function in a sentence. In speaking, speakers perform many different intentional speech acts, e.g., informing, declaring, asking, persuading, directing, and can use Elocution, enunciation, Intonation (linguistics), intonation, degrees of loudness, tempo, and other non-representational or Paralanguage, paralinguistic aspects of vocalization to convey meaning. In their speech, speakers also unintentionally communicate many aspects of their social position such as sex, age, place of origin (through Accent (sociolinguistics ...
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Incitement To Genocide
Incitement to genocide is a crime under international law which prohibits inciting (encouraging) the commission of genocide. An extreme form of hate speech, incitement to genocide is considered an inchoate offense and is theoretically subject to prosecution even if genocide does not occur, although charges have never been brought in an international court without mass violence having occurred. "Direct and public incitement to commit genocide" was forbidden by the Genocide Convention in 1948. Incitement to genocide is often cloaked in metaphor and euphemism and may take many forms beyond direct advocacy, including dehumanization and "accusation in a mirror". Historically, incitement to genocide has played a significant role in the commission of genocide, including the Armenian genocide, the Holocaust and the Rwandan genocide. Definitions "Direct and public incitement to commit genocide" is forbidden by the Genocide Convention (1948), Article 3(c). If genocide were to be committe ...
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Nuremberg Trials
The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945, Nazi Germany invaded many countries across Europe, inflicting 27 million deaths in the Soviet Union alone. Proposals for how to punish the defeated Nazi leaders ranged from a show trial (the Soviet Union) to summary executions (the United Kingdom). In mid-1945, France, the Soviet Union, the United Kingdom, and the United States agreed to convene a joint tribunal in Nuremberg, with the Nuremberg Charter as its legal instrument. Between 20 November 1945 and 1 October 1946, the International Military Tribunal (IMT) tried 21 of the most important surviving leaders of Nazi Germany in the political, military, and economic spheres, as well as six German organizations. The purpose of the trial was not just to convict the defendants but also to as ...
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International Criminal Tribunal For The Former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal was an ''ad hoc'' court located in The Hague, Netherlands. It was established by Resolution 827 of the United Nations Security Council, which was passed on 25 May 1993. It had jurisdiction over four clusters of crimes committed on the territory of the former Yugoslavia since 1991: grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. The maximum sentence that it could impose was life imprisonment. Various countries signed agreements with the UN to carry out custodial sentences. A total of 161 persons were indicted; the final indictments were issued in December 2004, the last of which were confirmed and unsealed in the spring of 2005. The final fugitive, Goran Hadžić, ...
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Crimes Against Humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the context of war, and apply to widespread practices rather than acts committed by individuals. Although crimes against humanity apply to acts committed by or on behalf of authorities, they need not be official policy, and require only tolerance rather than explicit approval. The first prosecution for crimes against humanity took place at the Nuremberg trials. Initially being considered for legal use, widely in international law, following the Holocaust a global standard of human rights was articulated in the Universal Declaration of Human Rights (1948). Political groups or states that violate or incite violation of human rights norms, as found in the Declaration, are an expression of the political pathologies associated with crimes against hu ...
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Vojislav Šešelj
Vojislav Šešelj ( sr-Cyrl, Војислав Шешељ, ; born 11 October 1954) is a Serbian politician, founder and president of the far-right Serbian Radical Party (SRS); he was convicted of war crimes by the International Criminal Tribunal for the former Yugoslavia (ICTY). Between 1998 and 2000, he served as the deputy prime minister of Serbia. He voluntarily surrendered to the ICTY in February 2003 but his trial did not begin until November 2007. Šešelj's trial was marred with controversy: he went on hunger strike for nearly a month until finally being allowed to represent himself, regularly insulted the judges and court prosecutors once proceedings commenced, disclosed the identities of protected witnesses and was penalized on three occasions for disrespecting the court. He did not call any witnesses in his defense. After spending 11 years and 9 months in detention in the United Nations Detention Unit of Scheveningen during his trial, Šešelj was permitted to tempor ...
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Radovan Karadžić
Radovan Karadžić ( sr-cyr, Радован Караџић, ; born 19 June 1945) is a Bosnian Serb politician, psychiatrist and poet. He was convicted of genocide, crimes against humanity and war crimes by the International Criminal Tribunal for the former Yugoslavia (ICTY). He was the president of Republika Srpska during the Bosnian War. Trained as a psychiatrist, he co-founded the Serb Democratic Party in Bosnia and Herzegovina and served as the first president of Republika Srpska from 1992 to 1996. He was a fugitive from 1996 until July 2008, after having been indicted for war crimes by the ICTY. The indictment concluded there were reasonable grounds for believing he committed war crimes, including genocide against Bosniak and Croat civilians during the Bosnian War (1992–1995). While a fugitive, he worked at a private clinic in Belgrade, specializing in alternative medicine and psychology, under an alias. He was arrested in Belgrade on 21 July 2008 and bro ...
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Joint Criminal Enterprise
Joint criminal enterprise (JCE) is a legal doctrine used during war crimes tribunals to allow the prosecution of members of a group for the actions of the group. This doctrine considers each member of an organized group individually responsible for crimes committed by group within the common plan or purpose. It arose through the application of the idea of common purpose and has been applied by the International Criminal Tribunal for the former Yugoslavia to prosecute political and military leaders for mass war crimes, including genocide, committed during the Yugoslav Wars 1991–1999. For example, "if three people commit a bank robbery and one fatally shoots a person in the process, the law considers all guilty of murder". The concept of "collective liability" where more than one person can share liability and punishment for the actions of another person is not universally accepted and is considered by some to be a form of human rights abuse, while others believe it is just. ...
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Dario Kordić
Dario Kordić (born 14 December 1960) is a Bosnian Croat former politician from the Croatian Democratic Union, military commander of the Croatian Defence Council (HVO) between 1992 and 1994, vice president of the Croatian Republic of Herzeg-Bosnia, a self-proclaimed Croat territory in Bosnia and Herzegovina and convicted war criminal. He was sentenced to 25 years in prison in February 2001 for war crimes committed against the Bosniak population during the 1992–94 Bosniak-Croat war, and was released in June 2014 after having served two thirds of his sentence. Early life Kordić was born on 14 December 1960 in Sarajevo, PR Bosnia and Herzegovina, FPR Yugoslavia. He studied political science at the University of Sarajevo and then went into journalism working for the ''Vatrostalac'' factory newspaper in Busovača. Although born in Sarajevo, he lived mostly in Busovača. He has three children, a son and two daughters. Bosnian War On 12 November 1991, Mate Boban and Kordić hel ...
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Radoslav Brđanin
Radoslav Brđanin (9 February 1948 – 7 September 2022) was a Bosnian Serb political leader and a war criminal. In 2004 he was sentenced to 32 years imprisonment by the International Criminal Tribunal for the Former Yugoslavia for crimes committed during the Bosnian War. The sentence, which he served in Denmark, was reduced by two years on appeal in 2008. Early life He was born on 9 February 1948 in Čelinac, SR Bosnia Herzegovina, Socialist Federal Republic of Yugoslavia. A civil engineer by profession, he worked in the building trade until 1990. At that time, given the difficulty to maintain the unity of Yugoslavia, certain regions in Bosnia Herzegovina began to organise themselves into regional structures based on the concept of Municipality Assemblies such as existed under the 1974 Yugoslavian Constitution. The Municipal Assembly of Bosanska Krajina, based in Banja Luka, was created in April and May 1991. Brđanin was its first vice-president. War crimes On 9 January 19 ...
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Virginia Journal Of International Law
The ''Virginia Journal of International Law'' is a law review that was established in 1960 at the University of Virginia School of Law. It is among the world's most influential international law journals. Pieces published in the ''Journal'' have been cited by the Supreme Court of the United States, multiple U.S. Circuit Courts of Appeals, and the International Court of Justice.''See, e.g.'', Oil Platforms (Iran v. U.S.), 2003 I.C.J. 161 (Nov. 6); Arrest Warrant of 11 April 2000, 2002 I.C.J. 3 (Feb. 14); Sovereignty over Pulau Ligitan and Pulau Spiadan, 2001 I.C.J. 575 (Oct. 23); Application of Convention on the Prevention and Punishment of the Crime of Genocide, 1996 I.C.J. 595 (July 11). Scope The scope of the journal covers issues such as international commercial and trade law, international litigation and arbitration, international organizations, international humanitarian and human rights law, and comparative law. It contains a mix of full-length articles, comments, essays, ...
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Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts and ...
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