Born in Tel Aviv in 1936. Attended Hebrew University Jerusalem, where he graduated summa cum laude, and New York University Law School. Dinstein formerly held the posts of President (from 1991–98) and Dean of Law at Tel Aviv University. Humboldt Fellow at the Max Planck Institute for Comparative Public Law and International Law Heidelberg. Chairman of Israel branch of Amnesty International. Member of the Executive Council of the American Society of International Law.
Yoram Dinstein said that “tolerance is the glue that cements together the bond between distinct groups in a single society”. “The definition of tolerance itself needs to be established”, asserted Dinstein. “Whilst current definitions of tolerance would preclude racism and religious-based bigotry, anti-Semitism must be individually stated as a separate definition”. “Holocaust denial should be a crime,” he continued, as should “denial of any genocide which has been ruled on by an international court”.
But Yoram Dinstein, the Israeli professor of international law who led the drafting of the model framework, says it is American jurisprudence that is out of step: "The United States is entirely isolated in its extreme views as regards the first amendment. All the other countries in the world, from Canada to Australia and Britain, take a different position." One ought not be tolerant of intolerance, he argues; history shows that demonisation of minority groups leads to oppression or even genocide, and given that governments already limit freedom of speech, there should be common principles guiding the limits.
The new legislation — drafted in a joint venture by Tel Aviv University international law expert Prof. Yoram Dinstein, a retired Italian supreme court justice, and three other legal professors from Germany, Estonia, and Switzerland — would, among other things, criminalize incitement to violence and “group libel,” such as negative stereotyping, target group-to-group intolerance, and ban neo-Nazi and other discriminatory organizations in Europe.
Yoram Dinstein, one of the legal experts who created the ECTR document, argued that hate speech and incitement could only be seen as inherently connected. He said: “Does incitement only start when it is time to send the Jews to the gas chambers?” He added that under his model law, the Charlie Hebdo cartoonists who published drawings of the Prophet Mohammed would have been prosecuted. “That was a case of a particular group acting against another in a libellous fashion. “The issue is that we must not tolerate the intolerant. The issue is liberty now or tyranny later.”
Drafted a policy proposal for the European Union. Critics say the measure -- which seeks to force the national governments of all 28 EU member states to establish "special administrative units" to monitor any individual or group expressing views that the self-appointed guardians of European multiculturalism deem to be "intolerant" -- represents an unparalleled threat to free speech in a Europe where citizens are already regularly punished for expressing the "wrong" opinions, especially about Islam. The policy proposal was drafted by the European Council on Tolerance and Reconciliation (ECTR), a non-governmental organization established in Paris in 2008 by the former president of Poland, Aleksander Kwasniewski, and the president of the European Jewish Congress, Moshe Kantor.
✡ Viatcheslav Moshe Kantor (Business)
Aleksander Kwaśniewski (Business)
European Council On Tolerance And Reconciliation ⁕ (Business)
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