Contribution to OHCHR Initiative on Incitement to National, Racial, or Religious Hatred

This paper analyzes incitement in international criminal law as well as in international human rights law, building an interpretive bridge between the two bodies of law; proposes a method for distinguishing incitement from other forms of hate speech; summarizes the jurisprudence on incitement to genocide; and describes a methodology for identifying speech that has a reasonable possibility of successfully inciting genocide, suggesting ways in which this framework may be adapted for distinguishing other forms of incitement.

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