The Prohibition of Propaganda for War in International LawOUP Oxford, 15. stu 2007. - Broj stranica: 274 Bereft of any comprehensive analysis and subject to little if any sustained debate, the tangential location of the prohibition of propaganda for war in the discourse of international law has resulted in a situation where state conduct in this area too often appears to be acting in a legal vacuum. In proposing a more robust role for international law in responding to what is a matter of widespread public concern, the book analyses the context in which international law first came to be concerned with propaganda for war in the years following the First World War. With the establishment of the United Nations and the corresponding development of international human rights law, the issue of the prohibition of propaganda for war in both human rights law and international criminal law became a highly significant, yet frequently divisive matter during the Cold War. Drawing on primary materials from the League of Nations to the Rome Statute of the International Criminal Court, this book makes the case for the revitalisation of a provision of international law which can be fundamental to the prevention of war. The book examines international human rights law, the travaux préparatoires to the International Covenant on Civil and Political Rights, communications between the Human Rights Committee and states parties to the Covenant, state practice, and international criminal law. Drawing on the manner by which international tribunals from Nuremberg to The Hague have approached the matter of individual criminal responsibility for 'incitement to crimes of an international dimension', the book proposes that 'direct and public incitement to aggression' be included as a crime in the Rome Statute of the International Criminal Court. |
Sadržaj
Introduction | 1 |
1 The Roots of the Prohibition of Propaganda for War in International Law | 21 |
2 Propaganda for War at the United Nations General Assembly | 55 |
3 The Travaux Préparatoires of Article 201 of the International Covenant on Civil and Political Rights | 81 |
4 The Prohibition of Propaganda for War in International Human Rights Treaties | 133 |
Towards an International Crime of Incitement to Aggression | 191 |
6 Conclusion | 243 |
253 | |
267 | |
Ostala izdanja - Prikaži sve
The Prohibition of Propaganda for War in International Law Michael G. Kearney Ograničeni pregled - 2007 |
The Prohibition of Propaganda for War in International Law Michael G. Kearney Pregled nije dostupan - 2007 |
Uobičajeni izrazi i fraze
adopted amendment Arthur Larson Article 19 Article 20 Assembly asserted Broadcasting Charter Civil and Political Commission Commission’s commit Committee concerning considered constitutes an incitement Covenant on Civil crime of aggression crimes against peace Declaration delegate direct and public dissemination Draft Code ECHR Ferdinand Nahimana freedom of expression Freedom of Information ganda Hassan Ngeze hostility Human Rights ibid ICTR incitement to aggression incitement to violence Inter-American International Covenant International Criminal Court international law International Law Commission International Military Tribunal International Propaganda John B Whitton Judgment and Sentence Kangura legislation Manfred Nowak Nahimana Nazi obligation offence paragraph parties Peace and Security Penal periodic report Political Rights principles prohibit propaganda prohibition of propaganda propa propaganda for war proposal Prosecutor provision public incitement Resolution restrictions right to freedom Rome Statute Rwanda Security of Mankind Special Rapporteur speech threat treaty Trial Chamber Tutsi United Nations USSR YBILC Yugoslavia