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The Jurisprudence of the ICTR on Instigation as a Mode of Participation

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Chapter Summary

The Trial and Appeal Chambers of the ICTR have developed the jurisprudence on two Articles (Article 6(1) and Article 2(3)(c)). Author looks at instigation as a mode of participation that has been recognised in every international instrument prior to, under and after the Statute of the ICTR. He examines its nature as an inchoate crime and how it has evolved since the judgment of IMT, Nuremberg, in the Julius Streicher Case. He studies every case that has been tried by the ICTR to select those in which instigation featured as a charge against the accused. He then identify, put together and analyse the ingredients of instigation as a mode of participation as developed by both the Trial and Appeal Chambers. Finally, he looks at a recurrent theme of debate that was raised by most of the persons accused of direct and public incitement to commit genocide: the free speech argument.

Keywords:ICTR; IMT; Instigation; Julius Streicher Case; Jurisprudence; Nuremberg; Trial and Appeal Chambers



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