战争罪中媒体仇视宣传的责任——纽伦堡后续审判和国际军事法庭三起相关案例之比较

The Responsibility of Hate Speech under International Criminal Law

世界反法西斯战争结束后同盟国组织的纽伦堡国际军事法庭审判了两起利用媒体仇视宣传的案件,目前学界一般认为对媒体言论的法律规制大体形成于这两个案例。而在纽伦堡国际军事法庭审判结束后,美国军事法庭的后续审判中对纳粹党新闻领袖奥托·迪特里希的判决几乎被学界所遗忘。面对两个法庭相似罪名的指控,三个案件却出现截然不同的判决。通过展现这两个法庭的判决思路和推理,发现这三起案例对定义危害人类罪、灭绝种族罪、媒体仇视宣传责任意义深刻,促进了国际刑法上间接犯罪责任认定的完善。

After the second world war,two hate speech cases were judged by the International Military Tribunal（IMT）.At present,researchers thought the legal system about the media was formed from the two cases.However,after the judgments,the U.S.military court has dealed with another case which was in regard to the news leder of Nazi whose name was Otto Dietrich.Although the same charges against the defendants,the tribunals issued totally different judgments：the crimes against humanity conviction of Nazi newspaper editor Julius Streicher and the acquittal on the same charge of Third Reich Radio Division Chief Hans Fritzsche by IMT,whereas the Reich Press Chief Otto Dietrich,the similar status with the latter,was convicted despite the fact that the charged language did not directly call for violence.Those three cases have significant meaning to define crimes against humanity,crimes of genocide,responsibilities of hate speeches.They have promted the international criminal law by clarify the responsibilities consequential crime.