Hate Speech as Persecution: Tackling the Gordian Knot

About/Bio

Radhika Kapoor holds degrees from Harvard Law School and the National Law School of India University, Bangalore. Currently, she is a Kaufman Fellow at the Public International Law and Policy Group, Washington DC, where she works on transitional justice in Bangladesh and peace negotiations in Sudan.

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Hate Speech as Persecution: Tackling the Gordian Knot

August 12, 2020

Radhika Kapoor

Sharngan Aravindakshan

Two recent incidents have reignited the question of whether hate speech can constitute the actus reus for persecution, giving rise to a successful charge of crimes against humanity under the Rome Statute of the International Criminal Court (ICC). First, the report of the UN International Fact Finding Mission on Myanmar (FFM) to the United Nations Human Rights…