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McGill University

1. Schuetze, Jennifer Johanna. To cause or not to cause, that is the question : the prosecutorial standard for incitement at international criminal law.

Degree: Master of Laws, Institute of Comparative Law., 2005, McGill University

The prosecutorial standard for incitement is subject to different approaches in the common law and civil law traditions respectively. The most crucial difference lies in the role attributed to the result as a definitional element of the offence. While the civil law generally characterizes proof of results as a prerequisite to liability, the common law views it as significant but not determinative of guilt. This divergence is expounded at the international level, which condones both approaches with respect to different crimes, employing the common law approach only to genocide and relegating all other crimes to the purview of the civil law approach. The practical effect is a focus on the gravity of the substantive crime to which incitement attaches, rather than on the crucial role of incitement itself. This thesis will seek to elucidate the parameters of this debate with the aim of deconstructing and redrawing preconceived barriers in international criminal law.

Subjects/Keywords: Criminal liability (International law); Inchoate offenses; Genocide; War crimes; Prosecution; Criminal procedure (International law)

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Schuetze, J. J. (2005). To cause or not to cause, that is the question : the prosecutorial standard for incitement at international criminal law. (Masters Thesis). McGill University. Retrieved from http://digitool.library.mcgill.ca/thesisfile82670.pdf

Chicago Manual of Style (16th Edition):

Schuetze, Jennifer Johanna. “To cause or not to cause, that is the question : the prosecutorial standard for incitement at international criminal law.” 2005. Masters Thesis, McGill University. Accessed November 12, 2019. http://digitool.library.mcgill.ca/thesisfile82670.pdf.

MLA Handbook (7th Edition):

Schuetze, Jennifer Johanna. “To cause or not to cause, that is the question : the prosecutorial standard for incitement at international criminal law.” 2005. Web. 12 Nov 2019.

Vancouver:

Schuetze JJ. To cause or not to cause, that is the question : the prosecutorial standard for incitement at international criminal law. [Internet] [Masters thesis]. McGill University; 2005. [cited 2019 Nov 12]. Available from: http://digitool.library.mcgill.ca/thesisfile82670.pdf.

Council of Science Editors:

Schuetze JJ. To cause or not to cause, that is the question : the prosecutorial standard for incitement at international criminal law. [Masters Thesis]. McGill University; 2005. Available from: http://digitool.library.mcgill.ca/thesisfile82670.pdf

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