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 (3). pp. 405-491. ISSN 1567-536X

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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.

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