The International Criminal Tribunal for Rwanda's Decision in The Prosecutor v. Ferdinand Nahimana et al.: The Past, Present, and Future of International Incitement Law

Abstract

In The Prosecutor v. Nahimana et al., the trial chamber of the International Criminal Tribunal for Rwanda sought to define the offence of ‘direct and public incitement to commit genocide’. This case note discusses the elements required in the opinion before turning to the way in which the trial chamber applied its tests. Case law from the European Court of Human Rights and laws from a range of national jurisdictions are used to contrast the approach adopted by the trial chamber in the so-called ‘Media Trial’.