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Bikindi Is Found Not Guilty Songs That Kill 20 18 MODEL INTERNATIONAL CRIMINAL COURT (MICC) | NOVEMBER 2018 | WWW.MODEL-ICC.ORG Bikindi is Songs that Kill. Found Not By Preet Singh History of Rwanda were set up around the capital Kigali by By Preet Singh When Rwanda, a country in the Great the Rwandan Army Forces to prevent an- Guilty Lakes Region of Africa, gained its inde- yone from fleeing. For the next about 100 pendence from Belgian in 1959, the po- days, approximately 800,000 to 1,000,000 After a long and engaging trial, the court litical and governmental conventions had Rwandans were killed, constituting 70% of unanimously found Mr. Simon Bikindi not greatly changed. Formally during German the Tutsi population and 20% of Rwanda’s guilty of aiding and abetting to the accused and Belgian rule, the country was led by total population .The killing ended when crime and was compensated for his time a Tutsi monarchy, but the Hutu majori- the RPF defeated the army and the MRND already spent in prison. The judges agreed ty elected their own president after the militias and took control of the Kigali. with the prosecution that the situation in Rwandan independence. This dramatic Rwanda was indeed a genocide. Although shift in executive power was followed by Bikindi, Artist or Killer ethnically, the Hutus and Tutsis were often a lot of violence. As a result, many Tutsi Mr. Simon Bikindi was a well-known com- indistinguishable, the court asserted that fled the country. The predominate Hutu poser and singer of popular music and he within Rwanda, there was a strong dis- party was the MRND (Republican nation- was a shareholder in the RTLM radio sta- tinction between the group. The scale of al movement for democracy and devel- tion. He was also an official in the Ministry Tutsi casualties (70% killed) shows a clear opment) which was founded by the new of Youth and Sports of the government of intent to destroy. The prosecution pleaded President of Rwanda. After an invasion of Rwanda and a member of the MRND. The that the court acknowledge Bikindi’s pas- the armed wing of the RPF (Rwandan Pa- anti-Tutsi messages present in his songs, sivity to stop the airing of his music dur- triotic Front), an exile Tutsi organization like Twasezereye (We said goodbye to ing the genocide, especially as there was in northern Rwanda, which was followed the feudal regime), was claimed as the no imminent threat to him and because he by violent disputes the RPF and MRND primary reason for his Prosecution. He had the legal obligation to do so. Howev- entered into peace negotiations. The two was accused of aiding and abetting the er, the court declared that taking action to sides signed the Arusha Accords in 1993 crime of genocide, punishable under Ar- stop the airing could have made him seem to create a shared government. However, ticle 6(a)(b) and 25(3)(c) of the Rome like a moderate Hutu, one of the primary this angered the violent youth-wing of Statute. Firstly, both the Prosecution victims of the killings. Bikindi’s prosecu- the MRND party, the Interahamwe. After and Defense presented their opinion on tion was negated by the hypotheticality of the President Habyarimana was killed in whether or not Bikindi could be charged his contribution to the genocide. Whether a plane crash in Kigali on April 6, 1994 for genocide due to the characteristics of or not the termination of broadcasts would violence broke out immediately. It is still the massacre. The Prosecution proclaimed stopped the genocide from happening is unknown who shot down the plane. Im- that there was a clear intent to destroy a purely speculative. mediately after the incident, roadblocks specific ethnic group in Rwanda, while the 1 Defense argued that there was no differ- such an important position at the station Interahamwe groups listened to Mr. Bikin- son, and the forfeiture of properties and a fine of a total of 300 Million Euros, and nial of the situation, the fact that he did not ence between the Hutus and Tutsis. Thus, and in the government, he had the right di’s songs prior to starting massacres. Re- goods acquired between 1935 and 1945. the forfeiture of all properties and goods ac- change the fate of the workers and that he the Court must decide whether or not the and position to forbid further broadcast gardless of the controversial messages of quired after 1945. This the prison sentence might not have been in danger himself if he Bikindi can even be charged of aiding and of his songs during the genocide. The De- Bikindi’s music, the Defense argues that an After a day of discussion the judges presented even exceeds the prosecutors demand. had acted against the governments wishes. abetting to this crime. Hutus and During fense countered by claiming that he was artist’s product cannot control how their their verdict, which found Friedrich Flick guilty. This decision, according to the judges, is the trial, the Defense argued that because not in a safe position to do so. Calls for product is perceived by an audience and He was sentenced to seven years in prison, based on Mr. Flicks high authority, his de- the songs were written years prior to the attacks on the enemy in RTLM broadcasts that once a song is released, it is no longer genocide, it was irrefutable that the plane were often preceded or followed by the the artist’s liability. crash was the foremost cause.The Prosecu- songs composed and performed by Simon The Second World War was planned by the tablishing a major industrial conglomerate coal, steel and iron industries. Additionally, tion greatly emphasized that since he held Bikindi, and it has been established that German government. It aimed on taking as in the coal and steel industry. By 1933 his he was a member of the four person board many territories in Europe as possible.The holding was the 3rd largest in the country. of BHO (mountaineering and smelting war needed a lot of resources - not only He supported numerous parties with elec- works) - a public-private monopoly enter- natural resources such as oil, equipment toral donations. Flick was not really inter- prise, which organized the systematic asset and foodstuff, but manpower as workforce ested in supporting Hitler’s party, the NS- stripping of raw materials and use for war as well. As many German men had been DAP (National Socialist German Workers’ production. recruited for the army and Germany was Party), but in 1932, when it developed into Flick is not so slick! reluctant to use female workforce, there a powerful party, which was able to attract Flick’s companies focused on the produc- By Cosima Rupp, Max Hessel was lacking a large amount of workforce, the masses. From then on, he regularly do- tion of steel. armament and military-relat- especially from 1941 onwards. German nated to NSDAP and from 1933 onwards ed equipment. Since 1939 the armament government decided to use prisoners of war, almost exclusively to them. He became a production became extremely important concentration camps inmates and generally party member of Nazi Party in 1937. Then as German workers were sent to the fronts. foreign workers in the work face, who were he was awarded important positions in the Speer, Minister for Nazi Germany, assigned abducted, recruited and employed by force Germany heavy industries. workers to companies in order to fill the both from East and the West of Europe. Ger- gaps in companies to conduct the expansion many wanted to maintain the same high life In 1933 or 1935 he became a member of a of production. standards for its citizens, but it would have group called ‘Himmler’s Circle of Friends’ - a been impossible, if not underpaid or even group of around 40 persons who supported Albert Speer was a German architect and unpaid workforce. the Leader of the SS. Not only ideally, but the Reich Minister of Armaments and War financially as well, with about one million Production for Nazi Germany. He was a Friedrich Flick, who was born on 10 July Reichsmark annually. member of Hitler’s inner circle. Speer made 1883, was a important and resourceful Ger- plans to reconstruct Berlin on a grand scale: man industrialist. He built a fortune during In 1938 Flick became leader of the arma- huge buildings, wide boulevards and reor- World War I and became extraordinarily ment industry. He was also called on the ganised transportation system. wealthy in times of Weimar Republic by es- boards of several large companies in the War criminal free! By Weronika Płomińska, Alicja Strządała After a long deliberations judges finally this is a part of a widespread or systematic ed to find accused innocent, but even if the passed the verdict. Drazen Erdemović was attack directed against any civilian popula- judges would find guilty, he is deserving of found not guilty. tion, with knowledge of the attack.” Next no more than a year in jail. the prosecution decided to prove that Dra- The judges explained their decision by sa- zen Erdemović committed the crime against ing that the acussed was under a situation humanity of murder with intent and knowl- The former socialist Federal Republic of Today, the MICC judges were presented Flick had no say in the employment of Flick was allegedly affected by his member- of duress. His life was threatened directly edge, as stated in Art.30 of the Rome Statue. Yugoslavia was a country in South-Eastern the case of Friedrich Flick.
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