Wednesday, September 10, 2008

Elizabeth Samson: Criminalizing Criticism of Islam

THE WALL STREET JOURNAL: There are strange happenings in the world of international jurisprudence that do not bode well for the future of free speech. In an unprecedented case, a Jordanian court is prosecuting 12 Europeans in an extraterritorial attempt to silence the debate on radical Islam.

The prosecutor general in Amman charged the 12 with blasphemy, demeaning Islam and Muslim feelings, and slandering and insulting the prophet Muhammad in violation of the Jordanian Penal Code. The charges are especially unusual because the alleged violations were not committed on Jordanian soil.

Among the defendants is the Danish cartoonist whose alleged crime was to draw in 2005 one of the Muhammad illustrations that instigators then used to spark Muslim riots around the world. His co-defendants include 10 editors of Danish newspapers that published the images. The 12th accused man is Dutch parliamentarian Geert Wilders, who supposedly broke Jordanian law by releasing on the Web his recent film, "Fitna," which tries to examine how the Quran inspires Islamic terrorism.

Jordan's attempt at criminalizing free speech beyond its own borders wouldn't be so serious if it were an isolated case. Unfortunately, it is part of a larger campaign to use the law and international forums to intimidate critics of militant Islam. For instance, in December the United Nations General Assembly passed the Resolution on Combating Defamation of Religions; the only religion mentioned by name was Islam. While such resolutions aren't legally binding, national governments sometimes cite them as justification for legislation or other actions.

More worrying, the U.N. Human Rights Council in June said it would refrain from condemning human-rights abuses related to "a particular religion." The ban applies to all religions, but it was prompted by Muslim countries that complained about linking Islamic law, Shariah, to such outrages as female genital mutilation and death by stoning for adulterers. This kind of self-censorship could prove dangerous for people suffering abuse, and it follows the council's March decision to have its expert on free speech investigate individuals and the media for negative comments about Islam.

Given this trend, it's worth taking a closer look at the Jordanian case. Opinion: Criminalizing Criticism of Islam >>> By Elizabeth Samson* | September 10, 2008

*Ms. Samson, an attorney specializing in international and constitutional law, will join the Hudson Institute this fall.

The Dawning of a New Dark Age – Dust Jacket Hardcover, direct from the publishers (US) >>>
The Dawning of a New Dark Age – Paperback, direct from the publishers (US) >>>