Article contents
Incitement in international criminal law
Published online by Cambridge University Press: 17 May 2007
Abstract
The author critically analyses in this article the status of incitement in international criminal law. After a discussion of the relevant judgments by the Nuremberg Tribunal and related courts, including German de-Nazification courts, the travaux préparatoires of the Genocide Convention and the case-law of the International Criminal Tribunals, the international approach is criticized, particularly its practice of regarding only direct and public incitement to genocide as inchoate, whilst instigation generally is treated as not inchoate. The author recommends the adoption of an approach modelled on German and Swiss domestic law and argues that instigation per se should also be regarded as an inchoate crime.
- Type
- Methods of Warfare
- Information
- International Review of the Red Cross , Volume 88 , Issue 864: Methods of Warfare , December 2006 , pp. 823 - 852
- Copyright
- Copyright © International Committee of the Red Cross 2007
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