1. Inciting speech in international law and social science; 2. Direct and public incitement to commit genocide: an inchoate crime; 3. Causation in international speech crimes; 4. Instigating persecution: the prosecution case against Vojislav Šešelj; 5. Metaphors, agency and mental causation in speech crimes trials; 6. Social research in international speech crimes trials; 7. The social science of persuasion; 8. A new model for preventing and punishing international speech crimes.
This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.
Richard Wilson has published ten books on human rights and justice. His most recent book, Writing History in International Criminal Trials (Cambridge, 2011), was selected by Choice in 2012 as an 'Outstanding Academic Title' in the law category. He writes widely on human rights and has published in the Washington Post (US), Dagbladet (Norway), The Independent (UK), NRC Handelsblad (Netherlands) and the Times Higher Education Supplement (UK). He has held prestigious fellowships from the National Endowment for the Humanities, Institute for Advanced Study, Princeton and Russell Sage Foundation, and he has consulted for various policy agencies including UNICEF in Sierra Leone. He served as Chair of the Connecticut State Advisory Committee of the US Commission on Civil Rights from 2009–13.
'As advocates and courts struggle to address the intuition that
speech is to blame for sometimes massive harm, Richard Ashby Wilson
has given the cutting edge topic social scientific richness and
reflective depth. A superb achievement.' Samuel Moyn, Yale Law
School
'Richard Wilson's Incitement on Trial makes a powerful argument
about how the law should address conduct that often plays a crucial
role in fomenting crimes against humanity and genocide. It is an
outstanding book.' Aryeh Neier, President Emeritus, Open Society
Foundations
'Professor Richard Ashby Wilson's Incitement on Trial: Prosecuting
International Speech Crimes is an outstanding text on a frequently
misinterpreted, if not ill-used, area of international criminal law
- the crime of incitement. What distinguishes Incitement on Trial
from many other texts on substantive international criminal law is
that it is based in part on extensive original empirical research.
… Wilson has authored a highly useful and out-of-the box treatise
on the crime of incitement, and in no small measure, the mode of
liability, instigation. Incitement on Trial makes an invaluable
contribution to this field of international criminal law. Judges,
prosecutors, defense lawyers, and civil party lawyers are well
advised to not only consult his gem, but to take the time to study
much of what is covered, including some of the rich material
referenced by Wilson.' Michael Karnavas, michaelgkarnavas
(www.michaelgkarnavas.net/blog)
'The book is a very sharply focussed examination of the workings of
the international court and its treatment of the inchoate crime of
incitement. As such it would be most at home in academic law
libraries with strong international criminal collections.' David
Hurren, Canadian Law Library Review
'Wilson provides an interesting and thorough analysis of the
effects of speech acts. Moreover, to discover how far the
assumptions underlying the law in this area are based in fact,
Wilson draws on his own empirical studies, his statistical database
of ICTY [International Criminal Tribunal for the former Yugoslavia]
experts, and original research on the effects of hate speech …'
Wibke K. Timmermann, Journal of International Criminal Justice
'Wilson's book is pioneering in its ambitious goal of offering
concrete suggestions regarding how different types of knowledge can
inform the legal doctrine of international criminal law, enhancing
the law's ability to offer an effective regulatory response to
inciting speech.' Nicola Palmer and Felix Kroner, International
Journal of Transitional Justice
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