The Media As a Tool of War
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Media Matters: Reflections of a Former War Crimes Prosecutor Covering the Iraqi Tribunal Simone Monasebian
Case Western Reserve Journal of International Law Volume 39 Issue 1 2006-2007 2007 Media Matters: Reflections of a Former War Crimes Prosecutor Covering the Iraqi Tribunal Simone Monasebian Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Recommended Citation Simone Monasebian, Media Matters: Reflections of a Former War Crimes Prosecutor Covering the Iraqi Tribunal, 39 Case W. Res. J. Int'l L. 305 (2007) Available at: https://scholarlycommons.law.case.edu/jil/vol39/iss1/13 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. MEDIA MATTERS: REFLECTIONS OF A FORMER WAR CRIMES PROSECUTOR COVERING THE IRAQI TRIBUNAL Simone Monasebian* Publicity is the very soul ofjustice. It is the keenest spur to exertion, and the surest of all guards against improbity. It keeps the judge himself, while trying, under trial. Jeremy Bentham (1748-1832) The Revolution Will Not Be Televised. Gil Scott Heron, Flying Dutchmen Records (1974) I. THE ROAD TO SADDAM After some four years prosecuting genocidaires in East Africa, and almost a year of working on fair trial rights for those accused of war crimes in West Africa, I was getting homesick. Longing for New York, but not yet over my love jones with the world of international criminal courts and tri- bunals, I drafted a reality television series proposal on the life and work of war crimes prosecutors and defence attorneys. -
Propaganda Vs. Education: a Case Study of Hate Radio in Rwanda David Yanagizawa-Drott Harvard University
Propaganda vs. Education: A Case Study of Hate Radio in Rwanda David Yanagizawa-Drott Harvard University Forthcoming Oxford Handbook of Propaganda Studies Abstract: This article discusses whether education limits or exacerbates the effects of state- sponsored propaganda on political violence. It provides evidence of the hypothesis that basic education can limit the effectiveness of propaganda by increasing access to alternative media sources. It builds on the case study of the Rwandan Genocide in Yanagizawa-Drott (2011), and shows that the propaganda disseminated by the “hate radio” station RTLM did not affect participation in violence in villages where education levels, as measured by literacy rates, were relatively high. A discussion of the potential underlying mechanisms driving the results is presented. The methodological challenges of identifying causal effects of mass media and propaganda are also described, including recent innovations using statistical methods that may be used to overcome those challenges. Keywords: media effects, education, literacy, radio, political violence, Rwandan Genocide. 1. Introduction Is a lack of basic education a necessary condition for propaganda to be effective? The 1994 Rwandan genocide was an event unique in the speed of killings and widespread participation of ordinary citizens in carrying out the massacre. Many believe that propaganda and inflammatory “hate media” calling for the extermination of the Tutsi ethnic minority played a significant role in fuelling the violence (BBC, 2003; Thompson, 2007). In Yanagizawa-Drott (2011, hereafter YD), I found evidence supporting the hypothesis that mass media can induce mass violence. I estimated that approximately ten percent of participation in the Rwandan genocide can be attributed to propaganda spread by the radio station Radio Télévision Libre des Mille Collines (RTLM). -
The Hartford Guidelines on Speech Crimes in International Criminal Law
The Hartford Guidelines on Speech Crimes in International Criminal Law The Hartford Guidelines on Speech Crimes in International Criminal Law Richard Ashby Wilson and Matthew Gillett Colophon This work is licensed under a Creative Commons Attribution- NonCommercial-NoDerivatives 4.0 International License. (CC BY-NC-ND 4.0) - creativecommons.org/licenses/by-nc-nd/4.0/ ISBN: 978-94-6345-389-9 Published by Peace and Justice Initiative www.peaceandjusticeinitiative.org [email protected] For more information contact: Richard Ashby Wilson School of Law, University of Connecticut 65 Elizabeth Street Hartford, Connecticut 06105 USA [email protected] Matthew Gillett Peace and Justice Initiative, The Hague the Netherlands [email protected] Cover photo: People gather as Serbian Radical Party (SRS) ultra-nationalist leader Vojislav Šešelj (C) gives a speech during a anti-government demonstration, protest- ing ICTY's decision for Radovan Karadžić on March 24, 2016 after Radovan Karadžić trial at the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague of Netherlands. Cover design, layout and typesetting by Robin Berghuijs Printing by multicopy.nl This book is typeset in Freight Text Pro and Freight Sans Pro. Richard Ashby Wilson and Matthew Gillett gratefully acknowledge the support of The Peace and Justice Initiative (The Hague) and The Humanities Institute, The Human Rights Institute, and the School of Law of the University of Connecticut. This work was also supported in part through a visiting scholarship for Richard A. Wilson from the Russell Sage Foundation. Any opinions expressed are those of the authors and should not be construed as representing the opinions of any of the spon- soring organizations. -
Human Security for All Cahill.Qxp 10/1/2004 1:36 PM Page Ii
cahill.qxp 10/1/2004 1:36 PM Page i Human Security for All cahill.qxp 10/1/2004 1:36 PM Page ii INTERNATIONAL HUMANITARIAN AFFAIRS SERIES Kevin M. Cahill, M.D., series editor 1. Kevin M. Cahill, M.D., ed., Basics of International Humanitarian Missions. 2. Kevin M. Cahill, M.D., ed., Emergency Relief Operations. 3. Kevin M. Cahill, M.D., ed., Traditions, Values, and Humanitarian Action. 4. Kevin M. Cahill, M.D., ed., Technology for Humanitarian Action. cahill.qxp 10/1/2004 1:36 PM Page iii Human Security for All A Tribute to Sergio Vieira de Mello Edited by KEVIN M. CAHILL, M.D. A Joint Publication of FORDHAM UNIVERSITY PRESS and THE CENTER FOR INTERNATIONAL HEALTH AND COOPERATION New York • 2004 cahill.qxp 10/1/2004 1:36 PM Page iv Copyright © 2004 The Center for International Health and Cooperation All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means—electronic, mechanical, photocopy, recording, or any other—except for brief quotations in printed reviews, without the prior permission of the publisher. International Humanitarian Affairs Series, No. 5 ISSN 1541-7409 Library of Congress Cataloging-in-Publication Data Human security for all : a tribute to Sergio Viera de Mello / edited by Kevin M. Cahill.-- 1st ed. p. cm. -- (International humanitarian affairs series, ISSN 1541-7409 ; no.5) Includes bibliographical references and index. ISBN 0-8232-2398-1 (hardcover) -- ISBN 0-8232-2399-X (pbk.) 1. Humanitarian assistance. 2. War relief. 3. -
Report on the Rwanda Media Experience After The
IMS assessment mission: The Rwanda media experience from the genocide International Media Support • Report • March 2003 Monique Alexis, IMS Consultant Ines Mpambara, Co-director of Rwanda’s School of Journalism Contents 1 Introduction ............................................................................. 3 1.1 Background for the mission .............................................................................3 1.2 Mission Objectives..........................................................................................3 1.3 Method and Scope of work ..............................................................................3 1.4 Structure of the report....................................................................................4 2 The Rwandan Context............................................................... 5 2.1 Political background .......................................................................................5 3 The media and the genocide ................................................... 10 3.1 Historical development of the Rwandan media before the genocide .................... 10 3.2 The media during the genocide: the hate media............................................... 14 4 The media after the genocide ................................................. 19 4.1 Reconstruction of a destroyed media sector (1994 - 2003)................................ 19 4.2 Today: Absence of pluralism and constant threats and pressures ....................... 20 4.3 The new Press Law and the High Press Council -
Inciting Genocide with Words
INCITING GENOCIDE WITH WORDS Richard Ashby Wilson* INTRODUCTION ................................................. 278 I. EARLY JURISPRUDENCE: AVOIDING EXPLICIT CAUSATION ............................................ 282 II. DIRECT AND PUBLIC INCITEMENT TO COMMIT GENOCIDE AT THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA ............................... 287 A. Explicit Causality Analysis in Akayesu . 287 B. The Nahimana Trial Chamber’s Incoherent Jurisprudence ....................................... 289 C. Confusion at the Nahimana Appeals Chamber . 292 D. Causation: Compensating for Absence of Specific Intent? ............................................. 295 E. Consequences of the ICTR’s Causality Jurisprudence . 298 III. THE “GHOST OF CAUSATION” IN INTERNATIONAL SPEECH CRIMES ........................................ 299 A. Benesch’s “Likelihood of Genocide” . 300 B. Revisiting Cause and Effect in Rwanda . 301 C. Application of the Benesch Factors in General . 302 IV. RESOLVING THE CONFUSION: ICG AND AUSTIN’S THEORY OF SPEECH ACTS .............................. 304 A. Austin’s Speech Act Theory and Legal Scholarship . 305 B. Austin’s Speech Act Theory . 306 C. Application to ICG and Other Inchoate Crimes . 308 V. SPEECH AND CAUSATION IN COMPLETED CRIMES . 314 CONCLUSION ................................................... 319 * Gladstein Chair of Human Rights, Professor of Law and Anthropology and Founding Director of the Human Rights Institute at the University of Connecticut. BSc., Ph.D. London School of Economics and Political Science. I am grateful to Kerry Bystrom, Eleni Coundouriotis, Predrag Dojˇcinovi´c, Gregory Gordon, Jordan Kiper, Thomas Morawetz, Suzy Killmister and Nishith Prakash, and to seminar and conference participants at Harvard University School of Law, the Office of the Prosecutor of the International Criminal Court, the University of Connecticut Humanitarianism Studies Research Group, the University of Michigan Department of History, the University of Virginia Law School, and the 2012 Law and Society Association Annual Meeting. -
Otto Dietrich and the Future of Persecution Law
The Forgotten Nuremberg Hate Speech Case: Otto Dietrich and the Future of Persecution Law GREGORY S. GORDON* Among internationaljurists, the conventional wisdom is that atrocity speech law sprang fully formed from two judgments issued by the International Military Tribunal at Nuremberg (IMT): the crimes against humanity conviction of Nazi newspaper editor Julius Streicher, and the acquittal on the same charge of Third Reich Radio Division Chief Hans Fritzsche. But the exclusive focus on the IMT judgments as the founding texts of atrocity speech law is misplaced. Not long after Streicher and Fritzsche, and in the same courtroom, the United States Nuremberg Military Tribunal (NMT) in the Ministries Case, issued an equally significant crimes againsthumanity judgment against Reich Press Chief Otto Dietrich, who was convicted despite the fact that the charged language did not directly callfor violence. So why is the Dietrichjudgment, a relatively obscure holding, issued sixty-five years ago, so significant today, after the development of a substantialbody ofad hoc tribunaljurisprudence on atrocity speech? It is because the seemingly antithetical holdings in Streicher and Fritzsche are more than just the subject of academic discourse. The next generation of atrocity speech decisions, it turns out, is at loggerheads about the relationship between hate speech and persecution as a crime against humanity. Trial chambersfor the InternationalCriminal Tribunalfor Rwanda (ICTR) have found that hate speech, standing alone, can be the basis for charges of crimes against humanity (persecution). A trial chamber for the International Criminal Tribunal for the former Yugoslavia has reached the opposite conclusion. And surprisingly, these judicial decisions, like the academic commentary, have completely ignored the Dietrich judgment. -
Journalism , Media and the Challenge of Human Rights
JOURNALISM, MEDIA AND THE CHALLENGE OF HUMAN RIGHTS REPORTING The International Council on Human Rights Policy The International Council on Human Rights Policy was established in Geneva in 1998 to conduct applied research into current human rights issues. Its research is designed to be of practical relevance to policy- makers in international and regional organisations, in governments and intergovernmental agencies, and in voluntary organisations of all kinds. The Council is independent, international in its membership, and participatory in its approach. It is registered as a non-profit foundation under Swiss law. Additional information about the Council, and other research projects it is undertaking, can be found at the end of this document. Journalism, media and the challenge of human rights reporting The International Council on Human Rights Policy wishes to thank the Ford Foundation (New York), the Swedish International Development Co- operation Agency (SIDA), the Royal Danish Ministry of Foreign Affairs (DANIDA), the Jacob Blaustein Institute for Human Rights (New York), OXFAM (United Kingdom) and Christian Aid (United Kingdom) for their financial support of the Council and of this research. Journalism, media and the challenge of human rights reporting © 2002, International Council on Human Rights Policy © Copyright 2002 International Council on Human Rights Policy 48, chemin du Grand-Montfleury, POB 147, 1290 Versoix, Switzerland Journalism, Media and the Challenge of Human Rights Reporting, 2002, International Council on Human Rights Policy, Versoix, Switzerland. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic mail, mechanical, photocopying, recording and/or otherwise without the prior permission of the publisher. -
Peace Under Fire: Building the Media Agenda in Post-Genocide Rwanda
Peace under Fire: Building the Media Agenda in Post-Genocide Rwanda A dissertation presented to the faculty of the Scripps College of Communication of Ohio University In partial fulfillment of the requirements for the degree Doctor of Philosophy Sally Ann Cruikshank May 2013 © 2013 Sally Ann Cruikshank. All Rights Reserved. This dissertation titled Peace under Fire: Building the Media Agenda in Post-Genocide Rwanda by SALLY ANN CRUIKSHANK has been approved for the E. W. Scripps School of Journalism and the Scripps College of Communication by Yusuf Kalyango, Jr. Associate Professor of Journalism Scott Titsworth Dean, Scripps College of Communication ii ABSTRACT CRUIKSHANK, SALLY ANN, Ph.D., May 2013, Mass Communication- Journalism Peace under Fire: Building the Media Agenda in Post-Genocide Rwanda Director of Dissertation: Yusuf Kalyango, Jr. Following the 1994 genocide, in which the media played a significant role, the government enacted strict media laws that have led to a climate of self-censorship and government influence on the media. This study examined the processes of agenda building and frame building in the media from the perspective of Rwandan journalists and media professionals. It further examined the media within the framework of peace journalism. The study used both a qualitative and quantitative approach. A series of 35 in-depth interviews were conducted with Rwandan journalists and media professionals, along with a survey of 101 journalists. Results showed that journalists and media professionals in Rwanda face several challenges, including indirect government censorship, few opportunities for training, and a lack of resources including low pay. According to the respondents, the government strongly influences the media agenda. -
World Report 2005
HUMAN RIGHTS WATCH WORLD REPORT 2005 EVENTS OF 2004 Copyright 2005 by Human Rights Watch. All rights reserved. Printed in the United States of America ISBN: 1-56432-331-5 Front Cover photo: Darfur, Sudan © 2004 Benjamin Lowy Back Cover photo: Tikrit, Iraq © 2003 Geert van Kesteren (Agentur Focus/Contact Press Images) Cover design by Rafael Jiménez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: 1-(212) 290-4700, Fax: 1-(212) 736-1300 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel:1-(202) 612-4321, Fax:1-(202) 612-4333 [email protected] 2nd Floor, 2-12 Pentonville Road London N1 9HF, UK Tel: 44 20 7713 1995, Fax: 44 20 7713 1800 [email protected] Rue Van Campenhout 15, 1000 Brussels, Belgium Tel: 32 (2) 732-2009, Fax: 32 (2) 732-0471 [email protected] 9 rue de Cornavin 1201 Geneva, Switzerland Tel: +41 22 738 04 81, Fax: +41 22 738 17 91 [email protected] Web Site Address: http://www.hrw.org Listserv address: To receive Human Rights Watch news releases by email, subscribe to the HRW news listserv of your choice by visiting http://hrw.org/act/subscribe-mlists/subscribe.htm Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. -
The UN Security Council and the Responsibility to Protect
The UN Security Council and the Responsibility to Protect FAVORITA PapeRs 01/2010 01/2010 S The UN Security Council PAPER A and the Responsibility to Protect FAVORIT Policy, Process, and Practice DA 39th IPI VIenna SemInar BN 978-3-902021-67-0 s I "FAVORITA PAPERS" OF THE DIPLOMATIC ACADEMY OF VIENNA The ‘Favorita Papers’ series is intended to complement the academic training for international careers which is the core activity of the Diplomatic Academy. It reflects the expanding conference and public lectures programme of the Academy by publishing substantive conference reports on issues that are of particular relevance to the understanding of contemporary international problems and to the training for careers in diplomacy, international public service and business. The series was named ‘Favorita Papers’ after the original designation of the DA’s home, the imperial summer residence ‘Favorita’ donated by Empress Maria Theresia to the ‘Theresianische Akademie’ in 1749. Contributions to this series come from academics and practitioners actively engaged in the study, teaching and practice of international affairs. All papers reflect the views of the author. THE UN SECURITY COUNCIL AND THE RESPONSIBILITY TO PROTECT: POLICY, PROCESS, AND PRACTICE 39th IPI Vienna Seminar Diplomatic Academy of Vienna Favorita Papers 01/2010 Edited by: Hans Winkler (DA), Terje Rød-Larsen (IPI), Christoph Mikulaschek (IPI) ISBN 978-3-902021-67-0 ©2010 The Diplomatic Academy of Vienna The Diplomatic Academy of Vienna is one of Europe’s leading schools for post-graduate studies in international relations and European affairs. It prepares young university graduates for the present-day requirements of successful international careers in diplomacy, public administration and business. -
Fixing the Law Governing the Relationship Between Hate Speech and Mass Violence
FIXING THE LAW GOVERNING THE RELATIONSHIP BETWEEN HATE SPEECH AND MASS VIOLENCE CLE Credit: 1.0 Thursday, June 14, 2018 3:45 p.m. - 4:45 p.m. Bluegrass Ballroom II Lexington Convention Center Lexington, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenter .................................................................................................................. i Introduction ..................................................................................................................... 1 Setting the Stage ................................................................................................