Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination [Hardcover]

This book conceptualizes the 'prohibition of advocacy of religious hatred' from the perspectives of international and comparative law.International law imposes on states a duty to prohibit 'advocacy of religious hatred that constitutes incitement to discrimination or violence'. What speech acts or publications fall under this offence? How do judges ascertain such 'incitement' has been committed? This book addresses these questions from the perspective of international and comparative law.International law imposes on states a duty to prohibit 'advocacy of religious hatred that constitutes incitement to discrimination or violence'. What speech acts or publications fall under this offence? How do judges ascertain such 'incitement' has been committed? This book addresses these questions from the perspective of international and comparative law.The UN International Covenant on Civil and Political Rights obliges state parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence. This book traces the origins of this provision and proposes an actus reus for this offence. The question of whether hateful incitement is a prohibition per se or also encapsulates a fundamental 'right to be protected against incitement' is extensively debated. Also addressed is the question of how to judge incitement. Is mens rea required to convict someone of advocating hatred, and if so, for what degree of intent? This analysis also includes the paramount question if and to what extent content and/or context factors ought to be decisive. The author extensively engages with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights.1. Introduction; Part I. The Genesis of the Prohibition of Religious Hatred Constituting Incitement in International Law: 2. Pre-ICCPR developments; 3. The drafting of Article 20(2) lӍ