News Sekolah Pascasarjana UNAIR, 5 Apr 2021 – The court of law is a place of public complaints in general. However, many things certainly develop in a court. As is the case with propaganda in criminal courts. To that end, Universitas Airlangga held a discussion forum themed “The Current Challenge in Prosecuting The Hate Propagandists of the International Criminal Court” on April 5, 2020. The event was attended by Prof. Mohamed Badar, LLB, PhD, FHEA (Head of Comparative and International Criminal Law, and Islamic Law, Northumbria Law School, Newcastle University of Northumbria, England) as a resource person, and assisted by Dr. Radian Salman, S. H., LL. M (Postgraduate School of Airlangga University) as moderator on this discussion forum.
In this discussion, Prof. Mohamed Badar presented an explanation of the understanding of propaganda according to Edward Bernays in 1928. In his book, Edward mentions that if we understand the mechanisms and motives of a group’s thinking, perhaps we can control the regiment of times according to our will without them realizing it.
In addition, he also explained what one influential figure in 1895, Gustave Le Bon, said, that society will never thirst for truth, in the sense that anyone who can enter the scope of a group with illusions, they will lose their way, while Hitler and Musolini may have used his observations as a guideline to stir the hearts of his people.
According to Prof. Mohamed Badar, Hitler mentioned that with the help of skills and a continuation of application, propaganda can be the stingiest consideration in its existence towards a group. But on the other hand, in today’s international law propaganda is one of the dangerous things as a source of International strife and war. Uncontrolled propaganda can threaten difference and even peace. He also added that propaganda before the international criminal court is an oral crime trial that does not enjoy a perfect record before two international criminal courts. With the failure rate for prosecution that results in the release of hate propaganda. Then with no option to charge with incitement to genocide, hate speech should be considered in the context of the standard liability mode of crimes against humanity such as incitement, incitement, and conspiracy. Incitement on the other hand requires a relationship, because it is to be established between the speech and the subsequent crimes committed. Another alternative is to characterize or distinguish hate speech as a commission of physical persecution of crimes against humans.
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