ABSTRACT

As a result of the TC’s factual and legal failure to address and infer the relevance of the overwhelmingly linguistic type of mens rea evidence introduced in the case against Vojislav Šešelj, which resulted in the full acquittal of the Accused, Wibke Timmermann’s chapter focuses on “the impact of the Appeals Chamber’s findings on instigation and the use of language to stir up hatred or violence,” which reversed the trial judgment and found Šešelj guilty of instigating persecution (forcible displacement), deportation and other inhumane acts (forcible transfer) as crimes against humanity and for committing persecution (violation of the right to security) as a crime against humanity. Timmermann’s analysis of various forms of ‘hate speech,’ ‘incitement to hatred’ or ‘incitement to violence,’ as described by the author, and particularly Šešelj’s utterances from his key speech delivered in the village of Hrtkovci on 6 May 1992, offers the most astute legal analysis of the impactful use of various forms of cognitively and linguistically driven propaganda as the mode of liability of instigation in the commission of the above-listed crimes against humanity.