Chicago Journal of International Law In Fritzsche, the defendant Hans Fritzsche held various roles in German media, including as a radio commentator, as the chief of the Home Press Division (a propaganda news service), and eventually as the head of the Radio Division of the German Propaganda Ministry.90 Fritzsche oversaw the publication of 2,300 German daily newspapers, a role which involved issuing media guidance— developed at higher levels of the Nazi bureaucracy—highlighting themes such as “the Jewish problem” and “the problem of living space.”91 As the leader of the Radio Division, Fritzsche came under the supervision of Joseph Goebbels and would relay the “news” of the day, which was often false.92 In contrast to Streicher, the IMT did not find Fritzsche guilty of incitement, reasoning that although he “sometimes made strong statements of a propagandistic nature in his broadcasts” and although his speeches showed “definite anti-Semitism,” the prosecution failed to show that his statements “were intended to incite the German people to commit atrocities.”93 The IMT also made note of the fact that Fritzsche’s “position and official duties were not sufficiently important . . . to infer that he took part in originating or formulating propaganda campaigns.”94 The IMT cases demonstrate how courts reviewed not only the content of potentially inciting statements, to determine whether they amounted to calls for genocide, but also whether they were broadcast to substantial audiences (a foreshadowing of the eventual “public” requirement). Perhaps the most important contribution of these cases, however, is the special attention paid by the IMT to whether the statements were part of a deliberate campaign, suggesting that even where there is no explicit call for genocide, a systematic propaganda campaign may rise to the level of incitement (a foreshadowing of the eventual “direct” requirement). This construction of incitement is consistent with Lemkin’s theory of genocide as an attempt to fundamentally restructure society. Such principles informed the ICTR’s analysis and expansion of incitement doctrine. b) ICTR Caselaw The ICTR built on the IMT’s jurisprudence in its own series of cases. Akayesu was the first such case.95 The defendant Jean-Paul Akayesu was the mayor of the Rwandan town of Taba.96 He addressed a crowd of over 100 people, calling 90 91 92 93 94 95 96 United States v. Fritzsche, Judgment, 336 (Int’l Military Trib. Oct. 1, 1946), http://perma.cc/6JURL9TZ. Id. at 336–37. Id. at 336. Id. at 338. Id. Benesch, supra note 77, at 512. Id. 96 Vol. 21 No. 1