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

by Jeroen Temperman

Overview

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.

Product Details

ISBN-13:	9781107575691
Publisher:	Cambridge University Press
Publication date:	12/13/2018
Series:	Cambridge Studies in International and Comparative Law , #118
Pages:	437
Product dimensions:	6.02(w) x 9.06(h) x 0.98(d)

About the Author

Jeroen Temperman is an associate professor of public international law at Erasmus Universiteit Rotterdam. He is also the editor-in-chief of Religion and Human Rights.

Table of Contents

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) ICCPR; Part II. Preliminary Matters: 4. The mandatory nature of Article 20(2) ICCPR; 5. Article 20(2) ICCPR: prohibition per se or also human right?; 6. Comparative international perspectives: CERD and the European Court of Human Rights on the 'right to be free from incitement'; Part III. Legislative Obligations: Defining the Scope of the Offence of 'Advocacy of Religious Hatred that Constitutes Incitement': 7. The actus reus of 'advocacy of religious hatred constituting incitement': threshold, definitions, and concepts; 8. National incitement law checklist; Part IV. Judging Incitement: 9. Intent; 10. The context of religious hatred; 11. Holocaust denial and glorification of religious violence; Part V. Aggravating Factors and Sanctions: 12. Organized hatred; 13. Sanctions; Part VI. Conclusion: 14. Conclusion.

Editorial Reviews

'Temperman does a masterful job of blending textual analysis, legal scholarship, and the workings of the UN Human Rights Committee to support definitional foundations. This work is presented with thoroughness and clarity.' Paul F. McKenna, Law Library Journal

'Engaging a wide-ranging audience that includes jurists, academics, international human rights monitoring bodies, courts, and policy and law makers … In offering a thorough and critical examination of article 20(2) (of the UN International Covenant on Civil and Political Rights), Professor Temperman provides comprehensive insights regarding the regulations and interpretations of religion-based incitement offences. Noting the importance of balancing free speech with protection of minority rights that might be undermined by hateful, extremist factions, Professor Temperman urges the international community to consider carefully the[se] factors in achieving this delicate balance.' Zoë J. Zeng, Canadian Law Library Review

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