Incitement to Terrorist Acts Under International Law

Leiden Journal of International Law, Vol. 23, No. 3, 2010

Hebrew University International Law Research Paper No. 15-09

37 Pages Posted: 13 Aug 2009 Last revised: 15 Apr 2015

See all articles by Yael Ronen

Yael Ronen

Hebrew University of Jerusalem - Hebrew University, Faculty of Law, Minerva Center for Human Rights; Academic Center for Science and Law, Hod Hasharon

Date Written: August 13, 2009

Abstract

This article considers the initiative of UN Security Council Resolution 1624(2005) to criminalize incitement to terrorist acts, in light of criminal and international human rights law. The analysis is informed by the specific type of terrorism with which Resolution 1624(2005) is concerned, namely ‘modern’ terrorism. The article argues that the rationales for a prohibition on incitement to terrorist acts call for a relatively wide definition of potentially-proscribed speech. This can be achieved without excessively infringing on freedom of speech. However, the present interpretation of the proposed prohibition is so restrictive that the prohibition may fail to counter the phenomenon with which it grapples. The article also considers whether incitement to terrorist acts can be regarded as an international crime. It concludes that in some instances there may be an overlap between incitement to terrorist acts and certain international crimes, but classification of incitement to terrorist acts as an international crime requires a fragmented approach to terrorism, which is contrary to current trends.

Keywords: international law, incitement, terrorist, terrorist acts, UN security council, resolution 1624, human rights law, criminal law, freedom of speech, international crime

Suggested Citation

Ronen, Yael, Incitement to Terrorist Acts Under International Law (August 13, 2009). Leiden Journal of International Law, Vol. 23, No. 3, 2010, Hebrew University International Law Research Paper No. 15-09, Available at SSRN: https://ssrn.com/abstract=1448667

Yael Ronen (Contact Author)

Hebrew University of Jerusalem - Hebrew University, Faculty of Law, Minerva Center for Human Rights ( email )

Mount Scopus
Jerusalem, 9190501
Israel

HOME PAGE: http://https://en.law.huji.ac.il/people/yael-ronen

Academic Center for Science and Law, Hod Hasharon ( email )

5 Margoa St.
Hod Hasharon, 45101
Israel

HOME PAGE: http://en.mishpat.ac.il/yael_ronen/

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