Complicity of Social Media Companies in Inciting Genocide Hakim (4) the inciter must have the specific intent to cause genocide.78 The seminal cases illustrate how incitement’s criminalization serves to prevent the “stigmatisation” and “dehumanisation” that compose the early stages of genocide.79 a) IMT Caselaw Two IMT cases, Streicher and Fritzche, provide an early window into incitement doctrine.80 They were decided after WWII, prior to the ratification of the Genocide Convention. Accordingly, the prosecution did not seek convictions for “incitement to genocide” but rather for crimes against humanity.81 Nonetheless, these cases established the foundations of incitement upon which the ICTR later built. In Streicher, defendant Julius Streicher was the editor of an anti-Semitic German weekly newspaper, Der Stürmer, a publication which in 1935 had a circulation of 600,000.82 From 1923 to 1945, he played a role in the routine dissemination of content which encouraged violence towards the Jewish people.83 For example, in twenty-three different articles, Streicher called for their extermination “root and branch.”84 He commonly used dehumanizing phrases such as “germ,” “pest,” or “parasite” when referring to Jews.85 In 1940, Streicher published a letter from one of his readers that “compared Jews with swarms of locusts which must be exterminated completely.”86 Streicher continued publishing propaganda even as the mass execution of Jews was ongoing.87 The IMT concluded that “[i]n his speeches and articles, week after week, month after month, [Streicher] infected the German mind with the virus of anti-Semitism, and incited the German people to active persecution.”88 Streicher was convicted for crimes against humanity and subsequently put to death.89 78 79 80 81 82 83 84 85 86 87 88 89 Id. See Can the World Stop Genocide?, supra note 49. United States v. Streicher, Judgment, 301 (Int’l Military Trib. Oct. 1, 1946), http://perma.cc/6JURL9TZ; United States v. Fritzsche, Judgment, 336 (Int’l Military Trib. Oct. 1, 1946), http://perma.cc/6JUR-L9TZ. Benesch, supra note 77, at 509. Streicher, Judgment at 302. Benesch, supra note 77, at 509. Streicher, Judgment at 302. Id. Id. Id. at 303. Id. at 302. Benesch, supra note 77, at 510. Summer 2020 95

Select target paragraph3