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21 Am. U. Int'l L. Rev. 557 (2005-2006)
Criminalizing Hate Speech in the Crucible of Trial: Prosecutor v. Nahimana

handle is hein.journals/amuilr21 and id is 569 raw text is: CRIMINALIZING HATE SPEECH IN THE CRUCIBLE OF TRIAL: PROSECUTOR V. NAHIMANA DIANE F. ORENTLICHER* IN TR O D U C TIO N ........................................................................... 557 I. INCITEMENT TO COMMIT GENOCIDE .......................... 560 II. G EN O C ID E ........................................................................... 575 III. CRIMES AGAINST HUMANITY: PERSECUTION .......... 576 IV. THE TEMPORAL JURISDICTION OF THE ICTR ............ 589 C O N C L U SIO N ............................................................................... 592 INTRODUCTION On December 3, 2003, a trial chamber of the International Criminal Tribunal for Rwanda (ICTR) rendered the most important judgment relating to the law of incitement in the context of international criminal law since the judgment of Nuremberg more . Professor of International Law, American University. This article is an expanded version of remarks presented at a conference on International Criminal Tribunals in the 21 st Century hosted by the War Crimes Research Office (WCRO) of the Washington College of Law, American University, on September 30, 2005. Another version of this article appears in the New England Journal of International and Comparative Law. I am grateful to Morton H. Halperin, Kelly Dawn Askin and Sandra Coliver for comments on an earlier draft and for other contributions, and to Christian De Vos, Jonathan Forman, Larken Kade and Bill Ryan for research assistance. I am also indebted to several individuals who provided research for two projects relating to the Media Case in which I have been involved and which informed portions of my analysis here: Ewen Allison, who undertook research for the Open Society Justice Initiative, which is planning to submit an amicus brief before the Appeals Chamber of the International Criminal Tribunal for Rwanda in connection with the Media Case; Diego Ibarguen, who undertook research for Cahill Gordon & Reindel LLP, which is providing pro bono assistance to this effort; and Anita Sharma, who undertook research for the WCRO under the direct supervision of John Cerone, then Executive Director of the WCRO. 557

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