The International Criminal Tribunal for Rwanda yesterday issued a judgment in the Bikindi case (http://184.108.40.206/default.htm). A year ago, the Tribunal promised the Security Council that this judgment would be issued in the first half of 2008. Seven other judgments promised for the first half of 2008 have still not been issued.
Bikindi is particularly interesting because it involves a popular singer, whose compositions were alleged to have contributed to the genocidal hysteria in Rwanda in 1994. Bikindi was convicted by the Trial Chamber, but for only one count, and sentenced to fifteen years’ imprisonment. He gets credit for about seven and a half years of preventive detention, and should be eligible for release on parole within two and a half years.
The Chamber concluded that in June 1994 Bikindi had participated in a motorcade of the racist interahamwe militia, and that he personally incited people to exterminate Tutsi.
Bikindi is convicted of the crime of ‘direct and public incitement to commit genocide’. This is a legal error. The crime of ‘direct and public incitement’ is a very special formulation, meant to capture forms of incitement when genocide does not in fact take place. When genocide takes place, the correct charge is simply ‘incitement’. It need not be direct or public, as long as genocide is actually incited.