Jeroen Temperman’s new book entitled Religious Hatred and International Law has been published by Cambridge University Press. It is prefaced by Heiner Bielefeldt, UN Special Rapporteur on freedom of religion of belief. CUP has included it in its flagship Cambridge Studies in International and Comparative Law, a series established in 1946 by Hersch Lauterpacht and containing some 150 titles to date.
The UN International Covenant on Civil and Political Rights obliges state parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence. This book traces the origins of this provision and proposes an actus reus for this offence. The question of whether hateful incitement is a prohibition per se or also encapsulates a fundamental ‘right to be protected against incitement’ is extensively debated. Also addressed is the question of how to judge incitement. Is mens rea required to convict someone of advocating hatred, and if so, for what degree of intent? This analysis also includes the paramount question if and to what extent content and/or context factors ought to be decisive. The author extensively engages with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights.
For Jeroen Temperman’s personal page, click here:
The book’s cover depicts Hieronymus Bosch’s Haywain Triptych, currently on view in Boijmans Van Beuningen Museum in Rotterdam