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Incitement in international criminal law

31-12-2006 Article, International Review of the Red Cross, No. 864, by Wibke Kristin Timmermann

The author critically analyses in this article the status of incitement in international criminal law and recommends the adoption of an approach modelled on German and Swiss domestic law and argues that instigation per se should also be regarded as an inchoate crime.

   

Wibke Kristin Timmermann
is Legal Officer, Special Department for War Crimes, Prosecutor’s Office of Bosnia-Herzegovina; LL.M. in International Humanitarian Law, University Centre for International Humanitarian Law (UCIHL), University of Geneva; MA in law, University of Sheffield; MA, University of St. Andrews. 

 
Abstract 
The author critically analyses in this article the status of incitement in international criminal law. After a discussion of the relevant judgments by the Nuremberg Tribunal and related courts, including German de-Nazification courts, the travaux préparatoires of the Genocide Convention and the case-law of the International Criminal Tribunals, the international approach is criticized, particularly its practice of regarding only direct and public incitement to genocide as inchoate, whilst instigation generally is treated as not inchoate. The author recommends the adoption of an approach modelled on German and Swiss domestic law and argues that instigation per se should also be regarded as an inchoate crime.  

   
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