Chicago Journal of International Law July 1993 to July 1994 broadcast anti-Tutsi messages to nationwide audiences.104 The ICTR Trial Chamber convicted them of direct and public incitement to commit genocide, noting that “RTLM broadcasts engaged in ethnic stereotyping in a manner that promoted contempt and hatred for the Tutsi population and called on listeners to seek out and take up arms against the enemy”105 and that “Nahimana and Barayagwiza were, respectively, ‘number one’ and ‘number two’ in the top management of the radio.”106 Ngeze similarly managed a newsletter called Kangura, which from 1990 to 1995 published articles that also conveyed “hate-filled messages” about the Tutsis.107 The Trial Chamber accordingly convicted him of incitement.108 Susan Benesch notes how the ICTR Trial Chamber’s decision failed to specify which acts constituted “incitement to genocide.”109 Moreover, the Trial Chamber’s decision aroused concerns that incitement had been erroneously conflated with hate speech.110 The ICTR Appeals Chamber sought to resolve these problems through a meticulous analysis of each RTLM broadcast and Kangura article, ultimately concluding that the Trial Chamber had not confused hate speech with incitement to genocide.111 Instead, the Appeals Chamber affirmed the Trial Chamber’s holding that an incitement need not be explicit, reasoning that cultural context may demonstrate that an audience clearly understood the statements as inciting genocide.112 The Appeals Chamber did, however, reverse Barayagwiza’s incitement conviction, noting—like the IMT in Fritzsche—that he was Nahimana’s subordinate. Nahimana and Ngeze’s convictions were affirmed.113 The foregoing IMT and ICTR cases provide rich guidance as to incitement’s four elements, particularly the harder-to-prove elements of “direct” and “public.” Public incitement means “that the call for criminal action is communicated to a number of individuals in a public place or to members of the general public at large particularly by technological means of mass communication, such as by radio or by television.”114 Direct incitement may be either a particular statement that 104 105 106 107 108 109 110 111 112 113 114 Id. Prosecutor v. Nahimana, Case No. ICTR 99-52-T, Judgment and Sentence, ¶ 486 (Dec. 3, 2003), http://perma.cc/9PWE-ERDZ. Id. at ¶ 970. Kagan, supra note 103. Id. Benesch, supra note 77, at 515–16. Kagan, supra note 103. Id. Benesch, supra note 77, at 516–17. Kagan, supra note 103. CLICC, supra note 56, at 271 n.272. 98 Vol. 21 No. 1