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Gregory S. Gordon

Gregory S. Gordon is a CILRAP Research Fellow and a Professor of Law at the Chinese University of Hong Kong (CUHK) Faculty of Law, where he has served as Associate Dean and Director of the Research Postgraduates Programme. Previously, he was a tenured faculty member at the University of North Dakota School of Law and Director of its Center for Human Rights and Genocide Studies. He earned his Bachelor of Arts degree (summa cum laude) and Juris Doctor at the University of California at Berkeley. He then served as law clerk to US District Court Judge Martin Pence (D. Haw.). He has served with the Office of the Prosecutor for the International Criminal Tribunal for Rwanda, as Legal Officer and Deputy Team Leader for the landmark "Media cases", the first international post-Nuremberg prosecutions of radio and print media executives for incitement to genocide. For this work, Professor Gordon received a commendation from Attorney General Janet Reno for “Service to the United States and International Justice”. He later worked for the US Department of Justice, including the Office of Overseas Prosecutorial Development, Assistance and Training, and the Criminal Division’s Office of Special Investigations. He is a leading expert on incitement to genocide and his book Atrocity Speech Law: Foundation, Fragmentation, Fruition, proposing a new paradigm for international hate speech law, was published by Oxford University Press in 2017. In 2018, he received the Chinese University’s Research Excellence Award.

Some publications of Gregory S. Gordon:

“Atrocity Speech Law Comes of Age: The Good, The Bad and the Ugly of the International Speech Crimes Jurisprudence at the Ad Hoc Tribunals”, in Michael Scharf and Milena Sterio, (editors): The Legacy of Ad Hoc Tribunals in International Criminal Law: Assessing the ICTY’s and the ICTR’s Most Significant Legal Accomplishments, Cambridge University Press, 2018 (forthcoming).

“On the Early Release of the ‘Rwandan Goebbels’: American Free Speech Exceptionalism and the Ghost of the Nuremberg-Tokyo Commutations”, in Morten Bergsmo et al. (editors): Power in International Criminal Justice, Torkel Opsahl Academic EPublisher, Brussels, 2018 (forthcoming).

“A Future War between the Koreas? Considering the Potential International Humanitarian Law Implications”, in Suzannah Linton and Tim McCormack (editors): 70 Years of the Geneva Conventions 1949: Perspectives on IHL from and on the Asia Pacific Region, Cambridge University Press, 2018 (forthcoming).

“Transnational Governmentality Networking: A Neo-Foucauldian Account of International Criminal Law”, in Morten Bergsmo et al. (editors): The Philosophical Foundations of International Criminal Law: Volume 1, Torkel Opsahl Academic EPublisher, Brussels, 2018 (forthcoming).

Reconceptualizing The Birth of the International Criminal Case: Creating the Office of Examining Magistrate at the ICC”, in Morten Bergsmo and Carsten Stahn (editors): Quality Control in Preliminary Examination: Volume 2, Torkel Opsahl Academic EPublisher, Brussels, 2018, pp. 255-317.

Atrocity Speech Law: Foundation, Fragmentation, Fruition, Oxford University Press, 2017, 464 pp.

“Authoritarianism and the Internet”, in Law and Social Inquiry, 2017, pp. 1-31 (co-authored with Bryan Druzin).

The Propaganda Prosecutions at Nuremberg: The Origin of Atrocity Speech Law and the Touchstone for Normative Evolution”, in Loyola-Los Angeles International and Comparative Law Review, 2017, 39(1), pp. 209-245.

International Criminal Law’s ‘Oriental Pre-Birth’: The 1894-1900 Trials of the Siamese, Ottomans and Chinese”, in Morten Bergsmo et al. (editors): The Historical Origins of International Criminal Law: Volume 3, Torkel Opsahl Academic EPublisher, Brussels, 2015, pp. 119-180.

Of War-Councils and War-Mongering: Considering the Viability of Incitement to Aggression”, in Suzannah Linton, Gerry Simpson and William Schabas (editors): For the Sake of Present and Future Generations: Essays on International Law, Crime and Justice in Honour of Roger S. Clark, Brill-Nijhoff, 2015, pp. 409-428.

When ‘One Country, Two Systems’ Meets ‘One Person, One Vote’: The Law of Treaties and the Handover Narrative through the Crucible of Hong Kong’s Election Crisis”, in Melbourne Journal of International Law, 2015, 16(2), pp. 344-397.

The Forgotten Nuremberg Hate Speech Case: Otto Dietrich and the Future of Persecution Law”, in Ohio State Law Journal, 2014, 75(3), pp. 571-607.

Review Essay of ‘Hong Kong’s War Crimes Trials’ by Suzannah Linton”, in Melbourne Journal of International Law, 2014, 15(2), pp. 560-579.

Speech Along the Atrocity Spectrum”, in Georgia Journal of International and Comparative Law, 2014, 42(2), pp. 425-455.

Hate Speech and Persecution: A Contextual Approach”, in Vanderbilt Journal of Transnational Law, 2013, 46(2), pp. 303-373.

The Trial of Peter von Hagenbach: Reconciling History, Historiography and International Criminal Law”, in Kevin Jon Heller and Gerry J. Simpson (editors): Untold Stories: Hidden Histories of War Crimes Trials, Oxford University Press, 2013, pp. 14-100.

Formulating a New Atrocity Speech Offense: Incitement to Commit War Crimes”, in Loyola University-Chicago Law Journal, 2012, 43(2), pp. 281-316.

‘The Eichmann Trial’ by Deborah E. Lipstadt”, in Emory International Law Review, 2012, 26(1), pp. 489-497.

Speech in Pre- and Post-Genocidal Environments: Strategies for Preventing Critical Mass”, in Jean-Damascène Gasanabo, David J. Simon and Margee M. Ensign (editors): Confronting Genocide in Rwanda: Dehumanization, Denial, and Strategies for Prevention, Apidama Ediciones, 2011, pp. 125-144.

Complementarity and Alternative Forms of Transitional Justice: A New Test for ICC Admissibility”, in Carsten Stahn and Mohamed El Zeidy (editors): The International Criminal Court and Complementarity: From Theory to Practice, Cambridge University Press, 2011, pp. 745-806.

JFK and The Unspeakable’ by James Douglass”, in Villanova Journal of Peace and Justice Studies, 2010, 19(2), pp. 84-88.

Music and Genocide: Harmonizing Coherence, Freedom and Nonviolence in Incitement Law”, in Santa Clara Law Review, 2010, 50(3), pp. 607-646.

An African Marshall Plan: Changing U.S. Policy to Promote the Rule of Law and Prevent Mass Atrocity in the Democratic Republic of Congo”, in Fordham International Law Journal, 2009, 32(5), pp. 1361-1399.

Complementarity and Alternative Justice”, in Oregon Law Review, 2009, 88(3), pp. 621-702.

“From Incitement to Indictment? Prosecuting Iran’s President for Advocating Israel’s Destruction and Piecing Together Incitement Law’s Emerging Analytical Framework”, in Journal of Criminal Law and Criminology, 2008, 98(3), pp. 853-920.

Toward an International Criminal Procedure: Due Process Aspirations and Limitations”, in Columbia Journal of Transnational Law, 2007, 45(3), pp. 635-710.

OSI’s Expanded Jurisdiction under the 2004 Intelligence Reform and Terrorism Prevention Act”, in United States Attorney’s Bulletin, 54(1), January 2006, pp. 24-29.

Taking the Paper Trail Instead of Memory Lane: OSI’s Use of Ancient Foreign Documents in the Nazi Cases”, in United States Attorney’s Bulletin, 54(1), January 2006, pp. 14-19.

A War of Media, Words, Newspapers and Television Stations: The ICTR Media Trial Verdict and a New Chapter in the International Law of Hate Speech”, in Virginia Journal of International Law, 45(1), pp. 139-197.

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