Chicago Journal of International Law CEO to have expertise on certain aspects of the company. Furthermore, the manager may be vested with decision-making authority regarding controversial issues (for example, whether to remove a government official’s social media account). Whereas a content moderator may handle day-to-day review of material posted online, a manager could be responsible for synthesizing information and for detecting broader trends on the platform. This analysis also assumes that the manager personally spearheads certain business operations, like the accessibility of social media to particular countries. With respect to assistance, the case may be clearest for the manager. Unlike the CEO, the manager would personally lead any effort to expand services into certain countries and, as such, may be vested with critical decision-making authority (for example, determining whether the costs associated with expansion outweigh the benefits). Drawing parallels to The Zyklon B Case, the manager could be analogized to Karl Weinbacher, the senior executive and manager convicted of complicity, because of the extensive personal involvement in operationalizing the harmful business initiative.207 Accordingly, the manager’s assistance to potential inciters may be less attenuated than the CEO’s, especially where the manager has the discretion to make a platform available in the first place. In satisfying the actus reus of assistance, however, it is important to note this analysis assumes a manager with a substantial degree of autonomy and a relatively deferential CEO. To the extent that the CEO supersedes the manager’s responsibilities, the case is weaker against the manager and stronger against the CEO. Beyond the actus reus of assistance, the manager is relatively well-positioned to know when the company is providing a platform to inciters.208 Whereas a CEO’s broader responsibilities may insulate him or her from awareness of ongoing incitement, responsibility over the platform’s growth and sustainability in certain countries may fall squarely within the manager’s portfolio. Public reports of Facebook’s activities in Myanmar highlight this distinction. While it remains unclear whether Zuckerberg knew of ongoing incitement, a special report by Reuters revealed that senior Facebook officials were warned over a span of years “that [Facebook] was being used in Myanmar to promote racism and hatred of Muslims, in particular the Rohingya.”209 For example, a tech entrepreneur who worked in Myanmar “said he told Facebook officials in 2015 that its platform was being exploited to foment hatred in a talk he gave at its headquarters in Menlo Park, California.”210 Such warnings were reportedly made years before Facebook 207 208 209 210 See The Zyklon B Case, Case No. 9, 1 Law Reports of Trials of War Criminals 93, 94–95 (British Military Court, Hamburg, Germany Mar. 1–8 1946), http://perma.cc/GU9K-GLH6. See Rome Statute, supra note 29, at art. 25(3)(d); Prosecutor v. Nyiramasuhuko, Case No. ICTR-9842-A, Appeal Judgment, ¶ 3345 (Dec. 14, 2015), http://perma.cc/J94E-BURA. Stecklow, supra note 10. Id. 114 Vol. 21 No. 1