The prosecutorial standard for incitement is subject to different approaches in the common law and civil law traditions respectively. The most crucial difference lies in the role attributed to the result as a definitional element of the offence. While the civil law generally characterizes proof of results as a prerequisite to liability, the common law views it as significant but not determinative of guilt. This divergence is expounded at the international level, which condones both approaches with respect to different crimes, employing the common law approach only to genocide and relegating all other crimes to the purview of the civil law approach. The practical effect is a focus on the gravity of the substantive crime to which incitement attaches, rather than on the crucial role of incitement itself. This thesis will seek to elucidate the parameters of this debate with the aim of deconstructing and redrawing preconceived barriers in international criminal law.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.82670 |
| Date | January 2005 |
| Creators | Schuetze, Jennifer Johanna |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 002226969, proquestno: AAIMR12684, Theses scanned by UMI/ProQuest. |
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