International Civil Rights Crimes Against Humanity | Persecution | Hate speech | Ethnicity | Right to respect for dignity as human beings

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159. The Appeals Chamber recalls that persecution as a crime against humanity under Article 5(h) of the ICTY Statute is an act or omission which: (i) discriminates in fact and which denies or infringes upon a fundamental right laid down in international customary or treaty law (actus reus); and (ii) was carried out deliberately with the intention to discriminate on one of the listed grounds, specifically race, religion, or politics (mens rea).[1] In assessing whether speech may constitute an underlying act of persecution, the ICTR Appeals Chamber in the Nahimana et al. case held that “speech inciting to violence against a population on the basis of ethnicity, or any other discriminatory ground, violates the right to security of the members of the targeted group and therefore constitutes ‘actual discrimination’”.[2] It further held that the context in which the underlying act of persecution takes place is particularly important for the purpose of assessing its gravity.[3]

[…] 163. […] The Appeals Chamber also considers that Šešelj’s speech denigrated the Croatians of Hrtkovci on the basis of their ethnicity, in violation of their right to respect for dignity as human beings. In the Appeals Chamber’s view, Šešelj’s speech rises to a level of gravity amounting to the actus reus of persecution as a crime against humanity. […].

[1] See, e.g., Nahimana et al. Appeal Judgement, para. 985; Kvočka Appeal Judgement, para. 320; Blaškić Appeal Judgement, para. 131.

[2] Nahimana et al. Appeal Judgement, para. 986, referring to Article 3 of the Universal Declaration of Human Rights.

[3] Nahimana et al. Appeal Judgement, paras. 987, 988.

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United Nations The Right To Self -Determination

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We have it in our power to begin the world over again. A situation, similar to the present, hath not happened since the days of Noah until now. The birthday of a new world is at hand, and a race of men, perhaps as numerous as all Europe contains, are to receive their portion of freedom from the events of a few months. The reflection is awful, and in this point of view, how trifling, how ridiculous, do the little paltry cavilings of a few weak or interested men appear, when weighed against the business of a world.

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Luke 22:36-38 - King James Version

36 Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

37 For I say unto you, that this that is written must yet be accomplished in me, And he was reckoned among the transgressors: for the things concerning me have an end.

38 And they said, Lord, behold, here are two swords. And he said unto them, It is enough.