Abstract

Starting from the pressing issue of hate crime and hate speech, as addressed by several EU Framework Decisions and recently by the International Criminal Tribunal for the former Yugoslavia (ICTY), the article focuses on the complex and often contested relation of language and violence. Whereas recent accounts are usually concerned with the violent dimension of speech and language, the article approaches the question from a different methodological angle and asks in which way hatred and violence might be understood as a form of speaking and address. This approach is based on the more general thesis that it is possible neither to gain an adequate understanding of speech and language without considering their violent force, nor to gain an adequate account of interpersonal violence without considering its linguistic dimension. In order to support this view, it will be argued that it is precisely the symbolic-linguistic character of hate crime that is responsible for its particular injurious force as well as for its dehumanizing effects. Moreover, hate crimes are not only linguistically in character, they are also directed against the possibility of language and speech itself, insofar as they aim at making us speechless, depriving us of the possibility of speaking out and being heard. This leads to an account of hate crime as a form of multi-addressed violence that not only calls for a strong concept of responsibility, but also requires a differentiated response by all social institutions and authorities.

Highlights

  • In March 2016 the ultranationalist Serbian politician Vojislav Šešelj was cleared of all charges of war crimes and crimes against humanity by the Third Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY).1 The judgement was, by no means consensual

  • 1 Introduction In March 2016 the ultranationalist Serbian politician Vojislav Šešelj was cleared of all charges of war crimes and crimes against humanity by the Third Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY)

  • The Chamber acknowledged that Šešelj repeatedly and systematically incited hatred against the non-Serbian and Muslim population, propagated the creation of Greater Serbia, and appealed for the expulsion and forcible transfer of Croats and Bosnian Muslims

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Summary

Introduction

In March 2016 the ultranationalist Serbian politician Vojislav Šešelj was cleared of all charges of war crimes and crimes against humanity by the Third Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY). The judgement was, by no means consensual. It explains the unique character of hate crime as well as its destructive and injurious force by reconstructing hate crime as a kind of “speaking” that communicates specific messages to its addressees What these various examples – the Šešelj-judgment, the Council Framework Decisions, and the FRA-report – clearly bring to the fore, is the complex and often contested relation of language and violence. Hate crimes do involve a fundamentally linguistic aspect, rather they are directed against the possibility of language and speech itself, insofar as they aim at making us speechless, depriving us of the possibility of speaking out and being heard (6) This will lead us to an account of hate crime as a form of multiaddressed violence that calls for a strong concept of responsibility, and requires a differentiated response by all social institutions and authorities – by courts of law as well as by politics and civil society (7)

Linguistic violence and vulnerability
Critique of the classical opposition of language and violence
Hate crime and hate speech: A fundamental rights perspective
The linguistic dimension of hate crime
Hate crime as violence against speech itself
How to respond to hatred?
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