M.2. The perpetrator publicly incited others to commit genocide

M.2. The perpetrator publicly incited others to commit genocide

M.2.1. ICC

M.2.2. ICTY

M.2.3. ICTR

As noted by ICTR Trial Chamber in The Prosecutor v. Pauline Nyiramasuhuko et al.:

"5987. In discussing the "public" element of this crime, the Appeals Chamber has noted that "all convictions before the Tribunal for direct and public incitement to commit genocide involve speeches made to large, fully public assemblies, messages disseminated by the media, and communications made through a public address system over a broad public area". Moreover, the Appeals Chamber has taken into account the travaux preparatoires of the Genocide Convention, which confirm that "public" incitement to genocide pertains to mass communications. Conversely, the travaux preparatoires indicate that "private" incitement - understood as more subtle forms of communication such as conversations, private meetings, or messages - was specifically removed from the Convention." [1]

The Trial Chambers of the Akayesu, Niyitegeka and the Kajelijeli Cases stated that:

"The public element of incitement to commit genocide may be better appreciated in light of two factors: the place where the incitement occurred and whether or not assistance was selective or limited."[2]