Thesis advisor: Dale Herbeck / The established standard for incitement articulated in Brandenburg v. Ohio (1969) has developed into a staple of First Amendment law. The Brandenburg standard for incitement works in the real world, but questions have been raised about whether it can be extended into cyberspace. This thesis examines this question through an analysis of threatening web sites such as the Nuremberg Files, and accompanying jurisprudence. The ability of web sites to incite illegal action is undoubtedly compromised by the characteristics that differentiate them from the physical world—What is to be done when laws intended to encompass a much simpler form of expression lose their relevance? / Thesis (BA) — Boston College, 2010. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: Communication Honors Program. / Discipline: Communication.

Incitement to genocide is a fairly recent and elusive concept in international law. First used at Nuremberg, the concept did not reappear for more than fifty years, when the International Criminal Tribunal for Rwanda (ICTR) used it to convict and sentence three media executives: Ferdinand Nahimana, Jean-Bosco Barayagwiza, and Hassan Ngeze. Using their trial as a case study, I use rhetorical analysis to help clarify both the concept of "incitement" and the role that morality, politics, and law play in genocide and its aftermath. This case study helps to explain some of the complexities that often accompany genocide. First, because incitement depends on one person's words and another's actions, the answer to the question of who is responsible for the final outcome is unclear. Second, because genocide affects, and is affected by, the decisions of both local and international communities, actions (not) taken by either affect one another in significant ways. Finally, in the aftermath of genocide, questions of culpability, punishment, and reconciliation complicate international law. Based on this case study, I suggest ways in which the international community might learn from what happened in Rwanda.

Thesis advisor: Dale Herbeck / Websites counseling dangerous activity such as suicide represent uncharted legal territory. To date, most legal scholarship regarding these sites considers whether they incite imminent lawless action. As an alternative to incitement, this paper argues that these websites are more productively characterized as instruction manuals that aid and abet unlawful activity. In support of this approach, this paper proposes a three-tiered legal test for distinguishing between protected and unprotected instruction manuals under the First Amendment. / Thesis (BA) — Boston College, 2010. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: Communication Honors Program. / Discipline: Communication.

<p>Abstract</p><p>This essay begins with a presentation of the complex set of problems which relate to the interaction between freedom of speech and the ban against discrimination based on a person's race, the colour of their skin or ethnic origin, confession of faith or sexual preference (BrB 16:8, incitement to racial hatred). Can conflicts arise between freedom of speech and the ban against discrimination? To shed light on this question, we have chosen to look at the issue from a new perspective. This perspective is based on the new challenges faced by Swedish society as a result of the changed composition of our population, our membership in the EU and our acknowledgment of certain international conventions concerning human rights.</p><p>Fifty years ago our population almost solely comprised of “native Swedes”. Today, because of massive immigration, our country can be described as multiracial and multicultural. This gives rise to questions concerning protecting minority groups from discrimination whilst also attempting to ensure that the non-discrimination acts do not compromise our freedom of speech. Our membership in the EU and our acknowledgement of certain international conventions means that European law and international law sometimes override Swedish law. This restricts our freedom to decide the extent of our non-discrimination statutes, but can have positive effects on the right to freedom of speech and religion.</p><p>The arguments that are put forward in our essay may give rise to many questions but we will focus on two major issues. First, where does the law draw the line between the freedom of speech and the ban against discrimination based on a person's race, the colour of their skin or ethnic origin, confession of faith, or sexual preference? Second, are there inherit flaws in the law as a result of both the inner changes our society has gone through and our new responsibilities due to our membership in the EU and our acknowledgement of certain international conventions?</p><p>The purpose of this essay is to answer these questions through studying and reflecting on the theory of law (doctrine). We will also analyse the existing written law and its sources, and consider court rulings and related judicial decisions. This analysis will enable us to make the following conclusion concerning the previously mentioned questions.</p><p>The freedom of speech is extensive and is not explicitly defined. Without explicit definition, no specific statements automatically become illegal. Therefore a person's freedom to express his own opinion in public is wide-ranging. Unfortunately our freedom of speech is not guaranteed for ever and therefore we have to both treasure and guard it from potential threats. Popular public opinion, populist interests or other specific interests may seek changes, which might effect our freedom of speech. The ban against discrimination based on a person's race, the colour of their skin or ethnic origin, confession of faith, or sexual preference is a specific interest of this kind. The purpose of this ban is based solely on good intentions. None the less, this ban could be a wolf in sheep’s clothing, as it might have a negative influence on the freedom of speech. When two justifiable causes come into conflict with one another – in this case the freedom of speech versus non-discrimination – a society must make difficult choices. Do we sacrifice part of our freedom of speech which will effect the whole population in order to protect minority groups, or do we sacrifice the rights of the minority in order to secure freedom of speech for all?</p><p>During the last few years there has been an increase in Nazi-organisations in Sweden, which have grown strong in terms of both the number of their supporters and the amount of attention which is paid to them by the press. These groups have used our democratic rights – which includes our freedom of speech – in order to spread their scornful opinions based on a person's race, the colour of their skin or ethnic origin, confession of faith, or sexual preference. Through our study of court rulings concerning Nazis, we came to the conclusion that there is a strong tendency to convict Nazis. This is certainly the case if they call out “Sieg Heil” or salute Hitler. They are also often convicted if they are wearing the Nazi cross.</p><p>When the courts find that they are unable to convict a Nazi for the actions just mentioned, they often base their judgement on either one or two premises. If the prosecutor can not prove that it has been the Nazi's intention to spread a scornful message concerning a group defined by it's race, the colour of their skin or ethnic origin, confession of faith, or sexual preference, he can not be convicted with reference to the non-discrimination act (uppsåtsrekvisitet). Moreover, if it can not be proven that the message has reached a considerable number of people and not just the Nazis private sphere, this also warrants the verdict of acquittal (spridningsrekvisitet). From our study of court rulings however, we found that the non-discrimination statute does fulfil its purpose. Most scornful or hate-filled messages are in fact disseminated to the wider public. This being the case, the Nazi is almost certain to be convicted.</p><p>Religious fundamentalism is not something entirely new in our society. Sweden has always had a few religious groups free from the state church and the members of the free churches have often held conservative religious beliefs, much like some Muslim movements today. Freedom of speech and religious freedom are of course two important elements of any democratic society, but through a court case concerning a Christian priest in a free church, the freedom of speech related to preaching has arguably become unacceptably extensive. In effect this court case means that as long as you can relate your scornful statement about a specific group included in the non-discrimination statute to a religious scripture like the Bible or the Koran, you can not be prosecuted.</p><p>This somewhat unsatisfactory conclusion is a result of Sweden adopting the European Convention of Human Rights. In this case the European Rights Law overrides the Swedish non-discrimination law and this leads to a flaw in our legal system relating to the protection of certain minority groups. It must be mentioned, however, that the European Convention of Human Rights is part of Swedish law, and therefore Swedish law can not contradict European law, RF 2:23. Given that we are bound by the European Rights Law, there is nothing Sweden can do about this flaw, which in the future might have even greater consequences in and on our multicultural society. For instance, what would happen if messages filled with hatred were spread by priests from the Christian free churches and fundamentalist Muslims. If these statements concerned the other group and the origin of the statements could be traced to the Bible and the Koran, the courts would have no way of convicting the preachers as this would go against the European Convention on Human Rights. This could result in serious social instability. Indeed, riots could break out as a result of such religious propaganda. The law would be powerless to halt the dissemination of the religious scorn which caused the riots.</p><p>We have come to three conclusions concerning intrinsic flaws in the law concerning the ban against discrimination based on a person's race, the colour of their skin or ethnic origin, confession of faith or sexual preference. We therefore recommend that the following changes should be made:</p><p>1. Concerning BrB 16:8, this act should include an unmistakable and transparent definition of the word “missaktning” (scornfulness or disrespect).</p><p>2. With reference to the High Court’s ruling regarding the priest and the European Convention on Human Rights, we recommend that Sweden should attempt to find a legal solution which will enable our courts to more easily convict scornful statements regarding certain minority groups, even if the origin of the statement can be traced to religious writings.</p><p>3. With reference to the instruction in the Freedom of Press Act (TF 1:4), we find it necessary to clarify which statements that can be looked upon as legal and which statements are unlawful.</p>

Sammanfattning Datum:                               2010-08-30 Kurs:                           Kandidatuppsats i företagsekonomi, FÖA300, 15 hp Handledare:                 Carl G. Thunman Författare:                  Feven Gebretsadkan och Mahabad Minozada Titel:                                   Belöningssystem – ett incitament verktyg för att skapa      motivation. En fallstudie av Sparbanken Rekarne Syfte:                                  Syftet med denna uppsats är att beskriva vad belöningssystem innebär och anställdas uppfattning av belöningssystemet och dess inverkan på motivation i Sparbanken Rekarne. För att sedan ge rekommendationer till förbättringar för hur Sparbanken Rekarnes belöningssystem kan ge mer motivation till de anställda. Metod:                               För att uppnå syftet samlades vetenskaplig information in från litteratur, vetenskapliga artiklar, tidigare uppsatser och övrig information från internet hemsidor. Undersökningen bestod av intervjuer med chefer och anställda på Sparbanken Rekarne. Intervjuerna bestod av personlig kontakt och individuellt med varje respondent. Två intervjuguider användes, varav en användes till ledningen och den andra till de anställda. Analys:                               I analysen har den teoretiska referensramen och den empiriska undersökningen sammankopplats. Slutsats:                             Rekommendationer till förbättringar för hur Sparbanken Rekarnes belöningssystem kan ge mer motivation till de anställda har tagits fram. Då det ska förbättra bankens framtida arbete med belöningar för att skapa mer motivation. Detta vidare genom att engagera de anställda mer i belöningarnas utformning.  Nyckelord:                         Belöningssystem, motivation, human resource    management, incitement, bank  / Abstract  Date:                                  2010-08-30 Course:                              Bachelor thesis in Business Administration, FÖA300, 15 credits Tutor:                                Carl G. Thunman Authors:                             Feven Gebretsadkan och Mahabad Minozada Title:                                   Reward systems - an incentive tool to create motivation. A case study of the Sparbank Rekarne         Purpose:                            The purpose of this thesis is to describe what a rewarding system means and the understanding of the employee to the rewarding system which gives effect to motivation in the Sparbank Rekarne. Recommendations to improve the rewarding system in the Sparbank Rekarne by which the employee will be more motivated is indicated the purpose. Method:                             In order to reach the purpose scientific information was gathered from literature, scientific articles, previous thesis and additional information from internet. The inquiry was done by interviewing the managers and the employee of Sparbank Rekarne. The interview was held personally and individually with every respondent. Two interview guides were used, one to the leaders and the other one to the employee.       Analysis:                           In the analysis the theoretical frame of reference and the empirical enquiry are combined. Conclusion:                      The recommendations to improve how the Sparbank Rekarne rewarding system can give more motivation to the employee have taken out. This can improve the future of the bank with rewarding in order to get motivation by involving the employee in working out the rewarding system. Keywords:                        Reward system, motivation, human resource management,    incentive, bank

Abstract This essay begins with a presentation of the complex set of problems which relate to the interaction between freedom of speech and the ban against discrimination based on a person's race, the colour of their skin or ethnic origin, confession of faith or sexual preference (BrB 16:8, incitement to racial hatred). Can conflicts arise between freedom of speech and the ban against discrimination? To shed light on this question, we have chosen to look at the issue from a new perspective. This perspective is based on the new challenges faced by Swedish society as a result of the changed composition of our population, our membership in the EU and our acknowledgment of certain international conventions concerning human rights. Fifty years ago our population almost solely comprised of “native Swedes”. Today, because of massive immigration, our country can be described as multiracial and multicultural. This gives rise to questions concerning protecting minority groups from discrimination whilst also attempting to ensure that the non-discrimination acts do not compromise our freedom of speech. Our membership in the EU and our acknowledgement of certain international conventions means that European law and international law sometimes override Swedish law. This restricts our freedom to decide the extent of our non-discrimination statutes, but can have positive effects on the right to freedom of speech and religion. The arguments that are put forward in our essay may give rise to many questions but we will focus on two major issues. First, where does the law draw the line between the freedom of speech and the ban against discrimination based on a person's race, the colour of their skin or ethnic origin, confession of faith, or sexual preference? Second, are there inherit flaws in the law as a result of both the inner changes our society has gone through and our new responsibilities due to our membership in the EU and our acknowledgement of certain international conventions? The purpose of this essay is to answer these questions through studying and reflecting on the theory of law (doctrine). We will also analyse the existing written law and its sources, and consider court rulings and related judicial decisions. This analysis will enable us to make the following conclusion concerning the previously mentioned questions. The freedom of speech is extensive and is not explicitly defined. Without explicit definition, no specific statements automatically become illegal. Therefore a person's freedom to express his own opinion in public is wide-ranging. Unfortunately our freedom of speech is not guaranteed for ever and therefore we have to both treasure and guard it from potential threats. Popular public opinion, populist interests or other specific interests may seek changes, which might effect our freedom of speech. The ban against discrimination based on a person's race, the colour of their skin or ethnic origin, confession of faith, or sexual preference is a specific interest of this kind. The purpose of this ban is based solely on good intentions. None the less, this ban could be a wolf in sheep’s clothing, as it might have a negative influence on the freedom of speech. When two justifiable causes come into conflict with one another – in this case the freedom of speech versus non-discrimination – a society must make difficult choices. Do we sacrifice part of our freedom of speech which will effect the whole population in order to protect minority groups, or do we sacrifice the rights of the minority in order to secure freedom of speech for all? During the last few years there has been an increase in Nazi-organisations in Sweden, which have grown strong in terms of both the number of their supporters and the amount of attention which is paid to them by the press. These groups have used our democratic rights – which includes our freedom of speech – in order to spread their scornful opinions based on a person's race, the colour of their skin or ethnic origin, confession of faith, or sexual preference. Through our study of court rulings concerning Nazis, we came to the conclusion that there is a strong tendency to convict Nazis. This is certainly the case if they call out “Sieg Heil” or salute Hitler. They are also often convicted if they are wearing the Nazi cross. When the courts find that they are unable to convict a Nazi for the actions just mentioned, they often base their judgement on either one or two premises. If the prosecutor can not prove that it has been the Nazi's intention to spread a scornful message concerning a group defined by it's race, the colour of their skin or ethnic origin, confession of faith, or sexual preference, he can not be convicted with reference to the non-discrimination act (uppsåtsrekvisitet). Moreover, if it can not be proven that the message has reached a considerable number of people and not just the Nazis private sphere, this also warrants the verdict of acquittal (spridningsrekvisitet). From our study of court rulings however, we found that the non-discrimination statute does fulfil its purpose. Most scornful or hate-filled messages are in fact disseminated to the wider public. This being the case, the Nazi is almost certain to be convicted. Religious fundamentalism is not something entirely new in our society. Sweden has always had a few religious groups free from the state church and the members of the free churches have often held conservative religious beliefs, much like some Muslim movements today. Freedom of speech and religious freedom are of course two important elements of any democratic society, but through a court case concerning a Christian priest in a free church, the freedom of speech related to preaching has arguably become unacceptably extensive. In effect this court case means that as long as you can relate your scornful statement about a specific group included in the non-discrimination statute to a religious scripture like the Bible or the Koran, you can not be prosecuted. This somewhat unsatisfactory conclusion is a result of Sweden adopting the European Convention of Human Rights. In this case the European Rights Law overrides the Swedish non-discrimination law and this leads to a flaw in our legal system relating to the protection of certain minority groups. It must be mentioned, however, that the European Convention of Human Rights is part of Swedish law, and therefore Swedish law can not contradict European law, RF 2:23. Given that we are bound by the European Rights Law, there is nothing Sweden can do about this flaw, which in the future might have even greater consequences in and on our multicultural society. For instance, what would happen if messages filled with hatred were spread by priests from the Christian free churches and fundamentalist Muslims. If these statements concerned the other group and the origin of the statements could be traced to the Bible and the Koran, the courts would have no way of convicting the preachers as this would go against the European Convention on Human Rights. This could result in serious social instability. Indeed, riots could break out as a result of such religious propaganda. The law would be powerless to halt the dissemination of the religious scorn which caused the riots. We have come to three conclusions concerning intrinsic flaws in the law concerning the ban against discrimination based on a person's race, the colour of their skin or ethnic origin, confession of faith or sexual preference. We therefore recommend that the following changes should be made: 1. Concerning BrB 16:8, this act should include an unmistakable and transparent definition of the word “missaktning” (scornfulness or disrespect). 2. With reference to the High Court’s ruling regarding the priest and the European Convention on Human Rights, we recommend that Sweden should attempt to find a legal solution which will enable our courts to more easily convict scornful statements regarding certain minority groups, even if the origin of the statement can be traced to religious writings. 3. With reference to the instruction in the Freedom of Press Act (TF 1:4), we find it necessary to clarify which statements that can be looked upon as legal and which statements are unlawful.

No description available.

La création de juridictions internationales pour juger les responsables d'un crime international pose la question des techniques d'imputation. Il s'agit de la mise en oeuvre du principe de la responsabilité pénale individuelle (RPI) en droit international. D'une part, le DPI emprunte les techniques traditionnelles aux droits pénaux internes. Il s'agit des techniques dépendantes de la consommation du crime international : les formes différentes de « commission » et de « complicité ». Sont empruntées, aussi, d'autres techniques traditionnelles d'imputation qui sont indépendantes de la consommation du crime : la tentative et l'incrimination de quelques actes de complicité. Ces techniques correspondent aux exigences de la RPI, d'où la confirmation du principe. D'autre part, le DPI adopte des nouvelles techniques d'imputation pour faire face à la nature collective du crime international. Se fondant sur l'idée de « groupe », des techniques associatives sont mises en place : la responsabilité pour l'appartenance à une organisation criminelle ou bien de la responsabilité des actes du groupe à travers l'entreprise criminelle commune ou le contrôle conjoint sur l'action du groupe. En même temps, le fait que les crimes sont souvent commis par des « structures hiérarchiques » est pris en compte pour envisager des techniques structurelles ; à savoir la responsabilité pour commission indirecte par le contrôle d'une organisation ou de la responsabilité du supérieur hiérarchique pour les crimes commis par ses subordonnés. Chacune de ces techniques s'écarte de ce que l'on entend généralement par la RPI, d'où la métamorphose du principe. Une reconstruction de la notion est à l'ordre du jour. / The establishment of International criminal tribunals raises the question of techniques of attributing criminal liability. Having the individual as « subject », the principle of individual criminal responsibility is at issue. On the one hand, International criminal law borrows traditional techniques of imputing liability from national law. Not only those techniques that depend on the completion of an international crime; as forms of perpetration and complicity, but also those that attribute responsibility independently of the completion of international crime; as attempt and specific incrimination of some forms of complicity. Individual criminal responsibility in its traditional connotation is confirmed. On the other hand, International criminal law forges new techniques of imputing liability to accommodate the collective nature of international crimes. Based on the idea of « group » action, associative techniques are introduced. As such, the responsibility for membership in criminal organisation, or even the responsibility for group crimes through notions like « joint criminal enterprise » or « joint control » are applied. In the meanwhile, the structural aspect of entities committing international crimes is taken in consideration. Superiors who manipulate organisations under their control are considered as indirect perpetrators. Also, superiors who fail to stop or to punish crimes committed by their subordinates are held responsible. Each one of these new techniques of imputing responsibility metamorphoses one or more aspects of what is generally intended by the principle of individual criminal responsibility. Reconstructing the notion seems due.

Die vorliegende Arbeit analysiert den Umgang mit dem Tatbestand der Holocaust-Leugnung durch die Europäische Union (EU) und den Europäischen Gerichtshof für Menschenrechte (EGMR). Derzeit befinden sich diese in einer heiklen Situation: Sie müssen das Gedenken an ein für die europäische Identität zentrales historisches Ereignis – den Holocaust – pflegen und schützen und zugleich die Achtung der Grundrechte, insbesondere der Meinungsfreiheit, gewährleisten. Diese besondere Situation erfordert eine gründliche Untersuchung des europäischen Umgangs mit dem Tatbestand der Holocaust-Leugnung. Der erste Teil der Dissertation steckt den Anwendungsbereich der europarechtlichen Verpflichtungen zur Kriminalisierung der Holocaust-Leugnung ab. Bewertet wird insbesondere die Bedeutung des Rahmenbeschlusses 2008/913/JHA über Rassismus und Fremdenfeindlichkeit für die EU-Mitgliedstaaten. Dabei werden einige Beispiele der Umsetzung in staatliches Recht dargestellt. Der zweite Teil der Arbeit befasst sich mit der Rechtsprechung des EGMR und untersucht das Verhältnis zwischen dem Tatbestand der Holocaust-Leugnung und der Meinungsfreiheit mit dem Ziel, die Grundsätze, nach denen Staaten verpflichtet sind, entsprechende Äußerungen zu kriminalisieren, herzuleiten. Die übergreifenden Ziele der Untersuchung sind: a) den Charakter des Zusammenspiels zwischen EU und EGMR herauszuarbeiten; b) zu ermitteln, ob die jeweiligen Positionen gegensätzlich oder komplementär sind; c) die Rechtsnatur und den Inhalt der für die Mitgliedstaaten begründeten Verpflichtungen zu bestimmen; d) herauszuarbeiten, ob eine europaweite Kriminalisierung verpflichtend ist oder lediglich gefördert werden soll; und e) ob beziehungsweise unter welchen Bedingungen ein mit Kriminalstrafe sanktioniertes Verbot der Holocaust-Leugnung erstrebenswert wäre. / The present study aims to analyse the legal treatment of the crime of denialism by the two main actors in European justice, namely, the European Union (‘EU’) and the European Court of Human Rights (‘ECtHR’). Presently, these two systems find themselves in a delicate position: they must cherish and protect the memory of an historical event – the Holocaust – which is central to Europe’s own identity, while simultaneously promoting respect for fundamental rights such as the freedom of speech. This unique balance raises a need for a thorough investigation into Europe’s approach to the crime of denialism. The dissertation’s first section seeks to measure the scope of EU-imposed obligations to make denialism a crime. Notably, the impact on EU Member States of the Framework Decision 2008/913/JHA on racism and xenophobia is assessed, with illustrations of a few archetypal examples of domestic implementing legislation. The second part of the dissertation turns to the jurisprudence of the ECtHR to examine the relationship between Holocaust denial as a crime and the right to freedom of expression, with a view to deducing the principles under which States must comply in the criminalization of this kind of utterance. The work’s overall goals are to assess: a) the nature of interactions between the EU and ECtHR; b) whether their positions on denialism are better portrayed in terms of contrast or mutual support; c) the legal nature and content of the obligations originating for the Member States; d) whether a Europe-wide criminal prohibition on denialism is dictated or simply encouraged; and e) whether such a prohibition would be desirable, and if so, under what conditions.

To gather together is a natural human activity shared by all people. The majority of these activities take place without the involvement of the government, and is of no interest to the law. In South Africa, the right to assemble peacefully, to demonstrate, to picket or to present petitions, is protected in the Constitution of the Republic of South Africa, 1996. When people gather, be it peaceful or violent, participants run the risk of being arrested for committing offences. The way the government of the day reacts to gatherings influence the policing, prosecution and adjudication of offences arising from the right to gather. Current legislation and common-law offences utilised to curb disorder in South Africa are measured against international and regional case law and guidelines. Most of these case law and guidelines linked to international and regional instruments are similar in many respects, and can be deemed as universally acceptable. It is proposed that the government revisits the mixture of current offences utilised by the prosecution during dissent, public violence or protest action, and that specific public order offences are created, providing for specific unlawful conduct with corroborating sentences. Police powers must furthermore be clearly defined to strengthen the hand of the police to secure law and order, serve as guarantee for the rights and freedoms of everyone, and to create legal certainty. The government must organise applicable public order offences in a single public order act. Legislation applicable to public order must be accessible and easily understandable since protest may be the only avenue for a member of the public to bring his or her plight under the attention of the government. Existing guidelines from applicable international and regional instruments which guide and monitor executive conduct must be included since these guidelines qualify as public order offences. / Criminal and Procedural Law / LL. D. (Criminal and Procedural Law)