One of the readers of the blog has submitted a comment in response to my entry on the Bikindi judgment of the International Criminal Tribunal for Rwanda, issued earlier this week. See below.
On closer reading of the judgment, it seems that the Trial Chamber may well have decided that Bikindi was guilty of 'direct and public incitement' because it did not think it could establish a causal link between the words he pronounced and acts of genocide.
I find some ambiguity in the judgment on this point. The core of the conviction reposes on Bikindi's behaviour when he participated in a convoy of interahamwe (the racist militia) vehicles, in June 1994.
The Trial Chamber accepted the evidence of a witness who said that Bikindi exhorted people from a loudspeaker, saying: 'You sons of Sebahinzi, who are the majority, I am speaking to you, you know that the Tutsi are minority. Rise up and look everywhere possible and do not spare anybody.' (para. 268). 'The witness also testified that on the way back from Kayove, Bikindi stopped at a roadblock and met with leaders of the local Interahamwe where he insisted, “you see, when you hide a snake in your house, you can expect to face the consequences.” After Bikindi left the roadblock, members of the surrounding population and the Interahamwe intensified their search for Tutsi, using the assistance of dogs and going into homes to flush out those still hiding. Witness AKK stated that a number of people were subsequently killed, including Father Gatore and Kalisa.' (ibid). The Chamber accepts AKK's evidence.
At the conclusion of its discussion of this incident, the Chamber writes:
'281. For the reasons above, the Chamber finds that the Prosecution has proven beyond reasonable doubt that towards the end of June 1994, in Gisenyi préfecture, Bikindi travelled on the main road between Kivumu and Kayove in a convoy of Interahamwe and broadcast songs, including his own, using a vehicle outfitted with a public address system. When heading towards Kayove, Bikindi used the public address system to state that the majority population, the Hutu, should rise up to exterminate the minority, the Tutsi. On his way back, Bikindi used the same system to ask if people had been killing Tutsi, who were referred to as snakes.'
I think that when you take paragraph 268 ('Witness AKK stated that a number of people were subsequently killed'), and read it with the concluding paragraph, 281, you have the link between words and deeds.
In any case, surely it makes more sense to treat the genocide on a larger scale, whereby an individual who is inciting genocide in Rwanda during June 1994 is guilty of inciting a genocide that actually takes place. Sheer common sense makes the link. In Nahimana et al., the case dealing with Radio-télévision mille collines, there was no requirement of evidence that any specific crime had been committed because any specific killer had listened to a specific radio broadcast.
But assuming that the Trial Chamber did in fact convict Bikindi for 'direct and public incitement' in the absence of evidence that he actually incited anybody to perpetrate genocide, surely the sentence of fifteen years' imprisonment is grossly excessive. In my research into national legislation implementing the Genocide Convention, I have noted that several countries set maximum sentences of five or ten years for the inchoate incitement offence. Imposing a fifteen-year sentence is only justifiable if the Chamber really believed that Bikindi's speeches were more than the empty words of a fanatic, and that they actually led to loss of life.