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98 J. Crim. L. & Criminology 853 (2007-2008)
From Incitement to Indictment - Prosecuting Iran's President for Advocating Israel's Destruction and Piecing Together Incitement Law's Emerging Analytical Framework

handle is hein.journals/jclc98 and id is 861 raw text is: 0091-4 169/08/9803-0853
THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY                         Vol. 98, No. 3
Copyright 0 2008 by Northwestern Universily, School of Law      Printed in U.S.A.
FROM INCITEMENT TO INDICTMENT?
PROSECUTING IRAN'S PRESIDENT FOR
ADVOCATING ISRAEL'S DESTRUCTION
AND PIECING TOGETHER INCITEMENT
LAW'S EMERGING ANALYTICAL
FRAMEWORK
GREGORY S. GORDON*
Israel must be wiped off the face of the map.
-Iranian president Mahmoud Ahmadinejad
Let us consult yet, in this long forewhile
How to ourselves we may prevent this ill.
,-Homer2
On October 25, 2005, at an anti-Zionism conference in Tehran, Iran's
president, Mahmoud Ahmadinejad, called for Israel to be wiped off the
face of the map -the first in a series of incendiary speeches arguably
advocating liquidation of the Jewish state. Certain commentators contend
that these statements constitute direct and public incitement to commit
genocide. This Article analyzes this assertion by examining the nature and
scope of recent groundbreaking developments in incitement law arising
* Assistant Professor, University of North Dakota School of Law. I would like to thank
Sabrina Safrin, Joe Gaeta, Dolph Hellman, Susan Benesch, Joseph Rikhof, Peggy
McGuinness, Josh Walker, Marc Ballon, Jackson Maogoto, and Jonathan Bush for their
insightful comments. I am indebted to Mark Grainger, Rhonda Schwartz, and David
Haberman for their invaluable research assistance. This work would not be possible without
the support of my wonderful wife and our two precious girls.
I See Nazila Fathi, Iran's New President Says Israel Must Be 'Wiped Off the Map,' N.Y.
TIMES, Oct. 27, 2005, at A8.
2 HOMER, THE ODYSSEY, BOOK II, at 1, 256 (George Chapman trans., J.R. Smith 2d ed.
1857).

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