Prosecuting hate speech is particularly complex in post-conflict states. The absence of an agreed definition of hate speech at the international level, which may be seen as the result of the lack of a common standard among European jurisdictions, contributes to that status.
Themes: Judiciary and Access to Justice , Human Rights
The main thesis of this paper is that interpretative tools for inciting hate, can be meaningfully applied only by taking into account the specificities of the post-conflict situation in BiH and the role played by hate speech in the preparation and fuelling of the past conflict.
Francesco de Sanctis indicates that legal standard of inciting hate, if adequately understood and applied by considering specificities of each case, can be used as a solid and valuable framework for regulation of particularly inflammable speech.
This publication is prepared as part of the project “Prosecuting hate: Towards adoption and implementation of EU standards and best practices in combating hate crimes in BiH”, implemented by the Association of Prosecutors of Federation BiH and Analitika, with the support of the Royal Norwegian Embassy in Bosnia and Herzegovina.
The publication is also published in local languages as part of the edited volume “Hate Crimes: Challenges of Regulation and Prosecution in BiH”.