DignITA Database

DATA: 03/12/2003

STRUMENTI CORRELATI:

NOTE:

Ruling:

(paragraph 1081) For RTLM broadcasts in 1994 advocating ethnic hatred or inciting violence against the Tutsi population, the Chamber finds Nahimana guilty of crimes against humanity (persecution) under Article 3(h), pursuant to Article 6(1) and Article 6(3) of the Statute.
(paragraph 1082) For RTLM broadcasts in 1994 advocating ethnic hatred or inciting violence against the Tutsi population, the Chamber finds Barayagwiza guilty of crimes against humanity (persecution) under Article 3(h), pursuant to Article 6(3) of the Statute of the Tribunal
(paragraph 1083) For his own acts and for the activities of CDR that avocated ethnic hatred or incited violence against the Tutsi population, the Chamber finds Barayagwiza guilty of crimes against humanity (persecution) under Article 3(h), pursuant to Article 6(1) of the Statute.
(paragraph 1084) The Chamber finds Ngeze guilty of crimes against humanity (persecution) under Article 3(h), pursuant to Article 6(1) of the Statute of the Tribunal.

Reference to obligations of criminalization:

Indirect reference.
(paragraph 1076) The Chamber considers that hate speech (Which is a discriminatory form of aggression that destroys the dignity of those in the group under attack) that expresses ethnic and other forms of discrimination violates the norm of customary international law prohibiting discrimination.

Reference to human dignity:

(paragraph 1072) The Chamber considers it evident that hate speech targeting a population on the basis of ethnicity, or other discriminatory grounds, reaches this level of gravity and constitutes persecution under Article 3(h) of its Statute.
Hate speech is a discriminatory form of aggression that destroys the dignity of those in the group under attack. It creates a lesser status not only in the eyes of the group members themselves but also in the eyes of others who perceive and treat them as less than human. The denigration of persons on the basis of their ethnic identity or other group membership in and of itself, as well as in its other consequences, can be an irreversible harm.