Badar, Mohamed and Florijančič, Polona (2019) The cognitive and linguistic implications of ISIS propaganda: proving the crime of direct and public incitement to genocide. In: Propaganda and International Criminal Law: From Cognition to Criminality. Routledge, Abingdon, pp. 27-62. ISBN 9781138335639, 9780429443695
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Abstract
This chapter of the volume presents a model approach to the legal analysis of the most intricate cognitive and linguistic aspects of propaganda within the framework of international criminal law. As indicated by the authors, Mohamed Badar and Polona Florijančič, the chapter offers an analysis of “key concepts and labels employed by ISIS by placing them in their linguistic, historical, religious and ideological contexts.” This approach presents an advanced method of investigating various manifestations of intent and mens rea evidence on the one hand and its potential impact on the prospective perpetrators of the physical crimes on the other hand. Two distinct, but potentially related, cognitive modes of criminal conduct emerge from this method: the intentional, propagandistic conduct and the anticipated impact of such conduct on the perpetration of the physical crimes. The key lies in the historically and culturally determined meanings of the linguistic concepts employed by the ISIS propagandists, as subsequently understood and acted on by the ISIS combatants. The authors ultimately demonstrate how this type of propaganda can be prosecuted as the inchoate crime of direct and public incitement to commit genocide. This chapter can provide both the legal and academic contextual roadmap for the ISIS-related prosecutorial enterprises, namely, the ICC investigations into the mass atrocity crimes committed by this terrorist organization in Syria and Iraq.
| Item Type: | Book Section |
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| Additional Information: | This work was originally presented by Prof. Mohamed Badar at a conference on “The role of parliamentarians in addressing the threat of foreign terrorist fighters and associated challenges” co-organised by the United Nations Office on Drugs and Crime’s Terrorism Prevention Branch (UNDOC/TPB), and the House of Representatives of Egypt, the Inter-Parliamentary Union and, the United Nations Office of Counter-Terrorism, 26-28 Feb. 2019 Luxor, Egypt. It was also presented during a workshop on ‘Drafting the Bill on Digital Evidence to the benefit of Iraq’ as part of UNODC/TPB’s Global project on ‘Strengthening the legal regime against terrorism in Iraq after the liberation of Mosul (2018-19), 24-25 Feb. 2019 Sharm El Sheikh, Egypt |
| Uncontrolled Keywords: | hate propaganda, incitement to genocide, isis/is/self-declared Islamic State, Cognitive Linguistics, jihādī-Salafism, Takfir |
| Subjects: | M100 Law by area M200 Law by Topic |
| Department: | Faculties > Business and Law > Northumbria Law School |
| Depositing User: | Elena Carlaw |
| Date Deposited: | 21 Aug 2019 13:15 |
| Last Modified: | 31 Jul 2021 15:49 |
| URI: | http://nrl.northumbria.ac.uk/id/eprint/40423 |
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