About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most