The Prosecutor v. Vojislav Šešelj: A Symptom of the Fragmented International Criminalisation of Hate and Fear Propaganda

Badar, Mohamed and Florijančič, Polona (2020) The Prosecutor v. Vojislav Šešelj: A Symptom of the Fragmented International Criminalisation of Hate and Fear Propaganda. International Criminal Law Review, 20 (2). ISSN 1567-536X (In Press)

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Official URL: https://doi.org/10.1163/15718123-02002006

Abstract

In 2016, the icty Trial Chamber found one of the greatest hate and fear propagandists of the Yugoslav wars, Dr Vojislav Šešelj, not guilty on all counts of the indictment. A full comprehension of the role the propaganda played was lost and the partial reversal of the judgment at the Appeals Chamber provided little improvement in this regard. Yet the blame does not solely rest with the Chambers but also with the Prosecution and an utterly fragmented law applicable to hate and fear propaganda. This article looks in depth at the Šešelj case in order to highlight the many hurdles to effective prosecution, some specific to the case and others symptomatic generally of propaganda trials. It then takes a multi-disciplinary approach in presenting the nature of hate and fear propaganda to suggest a broader way of looking at causality as well as to argue for reform of the current applicable law.

Item Type: Article
Uncontrolled Keywords: hate and fear propaganda, incitement to hatred, instigation, causality, crimes against humanity of persecution, right to dignity and security, right to life, preventative function
Subjects: M100 Law by area
M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Elena Carlaw
Date Deposited: 06 Feb 2020 10:09
Last Modified: 24 Apr 2020 09:30
URI: http://nrl.northumbria.ac.uk/id/eprint/42037

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