Incitement to genocide

‘Incitement’ means encouraging or persuading a person to commit an offense by way of communication. This communication can happen through broadcasts, publications, speeches, images or drawings. Moreover, incitement to genocide under international law has to be both ‘public’ and ‘direct’. ‘Public’ meaning that it is communicated to a number of individuals in a public place, or through mass media. The ‘direct’ aspect of incitement to genocide is much more difficult to prove as one needs to prove that both the speaker and the listener understand that the form of communication was a call to action. The difficulty in proving the directness lies in the fact that most genocidal regimes use euphuisms when talking about the (possible) killing of a victim group. Moreover, incitement to genocide can be prosecuted even if genocide was never perpetrated.

Koen Kluessien