Intent

Notion(s) Filing Case
Appeal Judgement - 28.11.2007 NAHIMANA et al. (Media case)
(ICTR-99-52-A)

709. It is apparent from Paragraph 1001 of the Trial Judgement that the Trial Chamber employed the term “intent” with reference to the purpose of the speech, as evidenced, inter alia, by the language used, and not to the intent of its author.[1] The Appeals Chamber is of the opinion that the purpose of the speech is indisputably a factor in determining whether there is direct and public incitement to commit genocide, and it can see no error in this respect on the part of the Trial Chamber. It is plain that the Trial Chamber did not find that a speech constitutes direct and public incitement to commit genocide simply because its author had criminal intent.

[1] See also Judgement, para. 1003 (“A critical distance was identified as the key factor in evaluating the purpose of the publication”). 

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ICTR Statute Article 2(3)(c) ICTY Statute Article 4(3)(c)