Prosecutor v. Nahimana

Case No. ICTR-99-52-A (2007)

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Prosecutor v. Nahimana

International Criminal Tribunal for Rwanda, Appeals Chamber
Case No. ICTR-99-52-A (2007)

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Facts

Ferdinand Nahimana (defendant) controlled Rwandan radio station RTLM. Prior to the outbreak of violence between Rwanda’s Hutu and Tutsi ethnic groups, RTLM repeatedly broadcast statements calculated to stoke Hutu resentment against the Tutsi community. For example, RTLM publicly called for violent action against the Tutsi “enemy.” These broadcasts continued even after Hutus began mass murdering Tutsis with machetes, such that RTLM widely became known as “Radio Machete.” After the violence subsided, the United Nations convened an International Criminal Tribunal for Rwanda (ICTR). The ICTR trial chamber’s prosecutor obtained Nahimana’s convictions for violating Article 6(1) of the ICTR statute by instigating, aiding, and abetting genocide and for violating Article 6(3) of the ICTR statute by failing to prevent RTLM from broadcasting communications that aided and abetted genocide. Nahimana appealed to the ICTR’s appeals chamber.

Rule of Law

Issue

Holding and Reasoning ()

Dissent (Meron, J.)

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