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37 U. Tas. L. Rev. 89 (2018)
Atrocity Speech Law: Foundation, Fragmentation, Fruition

handle is hein.journals/utasman37 and id is 95 raw text is: 






Book  Review  - Atrocity Speech  Law:  Foundation,  Fragmentation,
Fruition

Gregory  S Gordon

Oxford  University Press, 2017, pp 464, ISBN  978-19-612689

Gregory  S Gordon's Atrocity Speech Law examines  the role of rhetoric and
media  in crimes  of international concern.' The  photograph  of Joseph
Goebbels  at a rally adorning the book's cover is a chilling and effective
reminder  of the power  of public speech  as a catalyst for unspeakable
atrocities. The work has particular relevance at a time when hate speech,
and  atrocities, are ongoing around the world. This has been appallingly
demonstrated  by the role of social media platforms in atrocities against the
Rohingya  in Myanmar.2  The book builds upon Gordon's experience as part
of  the prosecution team   in the Media   Case  before the International
Criminal Tribunal for Rwanda.3

Atrocity Speech Law  critiques the current law for inadequately proscribing
rhetoric encouraging genocide, war  crimes and crimes against humanity.
Gordon   proposes  to reform the law  into a new  liability framework  -
'Unified Liability Theory' - which targets this rhetoric more effectively.
By   the term  'atrocity speech', Gordon   means   rhetoric encouraging
atrocity.' He  coins  the term  'atrocity speech  law'  to describe  the
International Criminal   Law  ('ICL')  touching  upon   atrocity speech,
particularly in two areas: directly and publicly inciting others to commit
genocide  ('incitement'),5 and hate speech as persecution - a crime against
humanity   ('persecution').6 Previous literature has examined these two
areas of ICL.' However,  Gordon  goes  further than these authors in three
respects: he details the history of this body of law, proposes ideas for
reform  and examines  the failure of the Law of Armed Conflict to address
atrocity speech. The book  therefore forms an original contribution to the
literature.



i Gregory S Gordon, Atrocity Speech Law (Oxford University Press, 2017).
2 See, eg, Libby Hogan and Michael Safi, 'Revealed: Facebook Hate Speech Exploded in
Myanmar   During  Rohingya  Crises', The Guardian (online), 3 April 2018
<https://www.theguardian.com/world/2018/apr/03/revealed-facebook-hate-speech-
exploded-in-myanmar-during-rohingya-crisis>.
  Prosecutor v Nahimana (Judgement and Sentence) (International Criminal Tribunal for
  Rwanda, Case No ICTR-99-52-T, 3 December 2003) ('Media Case').
  Gordon, above n 1, 5.
  Rome Statute ofthe International Criminal Court, opened for signature 17 June 1998, 2187
  UNTS 90 (entered into force 1 July 2002) art 25(3Xe) ('Rome Statute').
  Rome Statute art 7(lXh).
  See, eg, Wibke Timmermann, Incitement in International Law (Routledge, 2014); Predrag
  Dojainovid (ed) Propaganda, War Crimes Trials and International Law: From Speakers'
  Corner to War Crimes (Routledge, 2012).

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