7. Hate Speech And The Rwanda Genocide: ICTR Jurisprudence And Its Implications

Abstract

This chapter focuses on the jurisprudence of the International Criminal Tribunal for Rwanda (ICTR) concerning hate speech based on ethnicity has contributed significantly to the situation in which this genocide could happen in Rwanda in 1994 and its implications for national legislation. It also focuses on the difficult balance to be struck between the fundamental human right of freedom of expression versus its limitations required by the need to protect the human rights (sometimes involving life and health) of others. The fatal role of the radio and the newspapers in the Rwandan genocide has been clearly established by the ICTR jurisprudence. The role of the ICTR jurisprudence should provide guidance for the national legislator and thereby be a deterrent to all those who aim at inciting racial hatred. Keywords: human rights; ICTR jurisprudence; national legislation; Rwanda genocide