Religious Hatred and International Law

Jeroen Temperman is an associate professor of public international law at Erasmus University Rotterdam. He is also the editor-in-chief of Religion and Human Rights.

• 1. Introduction; Part I. The Genesis of the Prohibition of Religious Hatred Constituting Incitement in International Law: 2. Pre-ICCPR developments; 3. The drafting of Article 20(2) ICCPR; Part II. Preliminary Matters: 4. The mandatory nature of Article 20(2) ICCPR; 5. Article 20(2) ICCPR: prohibition per se or also human right?; 6. Comparative international perspectives: CERD and the European Court of Human Rights on the 'right to be free from incitement'; Part III. Legislative Obligations: Defining the Scope of the Offence of 'Advocacy of Religious Hatred that Constitutes Incitement': 7. The actus reus of 'advocacy of religious hatred constituting incitement': threshold, definitions, and concepts; 8. National incitement law checklist; Part IV. Judging Incitement: 9. Intent; 10. The context of religious hatred; 11. Holocaust denial and glorification of religious violence; Part V. Aggravating Factors and Sanctions: 12. Organized hatred; 13. Sanctions; Part VI. Conclusion: 14. Conclusion.

'Temperman does a masterful job of blending textual analysis, legal scholarship, and the workings of the UN Human Rights Committee to support definitional foundations. This work is presented with thoroughness and clarity.' Paul F. McKenna, Law Library Journal