Chicago Journal of International Law Assuming a prosecutor surmounts the high bar of proving a moderator sufficiently assisted an inciter, it would be an additional obstacle to show the moderator knew of a coordinated effort to incite genocide. Since the moderator is generally part of a broader team, each individually tasked with content review, the responsibility of detecting and addressing more threatening patterns, like a systematic campaign to incite genocide, likely requires more expertise and so would fall to a more senior employee. Finally, even if a prosecutor could prevail in showing assistance and knowledge, the deterrence effect of such a prosecution would be minimal. Accordingly, the moderator faces the least risk of complicity. 4. Normative considerations In sum, the foregoing cases demonstrate how social media employees at varying levels of the corporate hierarchy could be complicit in inciting genocide. While low-level employees face little risk of criminal liability, manager-level employees and CEOs open themselves up to substantial risk when they knowingly provide a platform to the perpetrators of incitement. Since CEOs may be more insulated and less involved in the expansion of services than managers, they could face less risk depending on the particular facts. Whether or not these results are satisfying, they ought to provoke a broader discussion about whether the ICC should more seriously consider the prosecution of social media executives and how social media companies can reduce their employees’ exposure to criminal liability. These questions are challenging, but they cannot be ignored, not after what happened in Myanmar. Cognizant of this complexity, this Comment offers three recommendations to help anchor future discussion. First, the Rome Statute’s limitation on “natural persons,” listed in Article 25(1), should be amended to “legal persons,” thereby extending criminal liability to corporations. Such an amendment would enable the ICC prosecutor to focus on social media companies as distinct entities, as opposed to individuals whose prosecution may do little to change corporate behavior. Second, the U.N.—together with the ICC—should work to produce a set of regulatory guidelines for social media companies that make their platforms available to new countries. Such guidelines would clarify the potential risk of international criminal liability posed by such ventures. These guidelines must be narrowly tailored to the crime of direct and public incitement to commit genocide, so as not to incentivize the over-policing by social media companies of speech acts which fall short of incitement. Third, social media companies should invest more heavily in efforts to identify disinformation campaigns and bolster their content removal capabilities, so as to mitigate the potentially deadly effects of propagation. In order to determine whether content constitutes direct and public incitement to commit genocide, social media companies should ensure they have content moderators who not only understand the language of a country in which their platform is 116 Vol. 21 No. 1