ABSTRACT

Jordan Kiper’s chapter shifts the frequently argued and sought cause-and-effect positions on potentially perilous forms of propaganda in international criminal trials toward a firmer contextual framework of propaganda allowing, as he states, “collective intentionality to change social relations, making violence against particular groups more acceptable, on which perpetrators then act.” Kiper proceeds in a three-step methodological manner. First, he explains and applies John Austin’s speech act theory relevant for the semantic, intentional and interpretative components of linguistic communication, second, he underscores the significance of social psychology studies for understanding the contextual and psychological positions of the influencer and the influenced and third, through the case study of Vojislav Šešelj as the most vocal single political and military propagandist from the former Yugoslavia, Kiper offers new empirical research and original insights into the evidentiary aspect of the ICTY trial of Vojislav Šešelj, thereby refuting some of the key factual arguments of the TC in the Šešelj case. Lastly and most importantly, Kiper’s chapter offers itself as a model outline of an expert study on the effective forms of political and military propaganda in any similar case, such as virtually all propaganda relevant situations investigated by the ICC.