"Words kill," stated Prof. Gregory Gordon, former legal officer of the International Criminal Tribunal for Rwanda. Prof. Gordon outlined the legal tools available to the international community to deal with incitement to genocide.

Prof. Gordon noted that the origins of the legal definition of genocide are with the case against Nazi Julius Streicher, publisher of Der Stuermer. In 1946 the Nuremberg Court found his incitement to kill Jews constituted a crime against humanity. This was followed in 1948 by the formation of the Genocide Convention where genocide was defined.

Prof. Gordon cited cases in Rwanda that clearly showed how incitement was a direct precursor to genocide of the Tutsi people. A Rwandan leader gave a speech against the Tutsis and a massacre followed. A Belgian radio announcer on RTLM exhorted people to commit violence against teh Tutsis--he eventually plead guilty.

The questions to be raised when defining incitement to genocide include: "Where was the statement made? Is it sufficiently public? Is it sufficiently direct? Is it permissible free speech or criminal incitement? What is the state of mind of the person uttering the statements--is there intent to incite?

Prof. Gordon emphasized that "causation is not an element." In other words, the reult of someone's incitement are not the deciding factor in defining whether or not the person is guilty of incitement to genocide.

Regarding intent--Prof. Gordon noted that the person must himself have the intent to commit genocide. This can generally be inferred from the circumstances surrounding the statement. On the issue of how public the statements are, Prof. Gordon explained that one would have to know whether the statements were directed at the general public or through the mass media.

Prof Gordon emhasized that genocide does not take place without incitement. There is no need to show subsequent vio;ence, it's the potential for violence that is key. The international community should focus on the intended mission of this conference--to prevent genocide.

Professor Gregory Gordon's Biography

Prof. Gordon is the Director of the Center for Human Rights and Genocide Studies at the University of North Dakota. An Assistant Professor, he teaches in the areas of criminal law, criminal procedure, international law and international human rights law. He began his career as a litigator in San Francisco, but soon starting working with the Office of the Prosecutor for the International Criminal Tribunal for Rwanda, focusing primarily on incitements to genocide related to the media. Here he received a commendation from Attorney General Janet Reno for "Service to the United States and International Justice." Following his post in Rwanda, Gordon became a white-collar criminal prosecutor with the U.S. Department of Justice and has since become an expert on war crimes prosecution.

Copyright © 2008 JCPA. All Rights Reserved. Created by Minicy Catom Ltd.