By July of 1994, up to 1,000,000 Rwandans — mostly Tutsis — had been executed. In 1995 the
International Criminal Tribunal for Rwanda (ICTR) was established to prosecute those responsible
for genocide and other serious violations of international law. RTLM’s executives and journalists
were among the many individuals investigated and prosecuted for their role in the crimes.
FILMING
Clearly, the audiotapes did not capture evidence of the actual killings, otherwise known as “crimebased evidence”. Instead the audiotapes pointed to “Who” should be held accountable for the crime
of genocide, and “How” they participated in the crime — incitement in this case — so the lawyers
could prove responsibility.
The outcome:
• Georges Ruggiu, RTLM Presenter, was prosecuted and plead guilty to the crime of
genocide by incitement. He was sentenced to 12 years in prison.
• Ferdinand Nahimana and Jean-Bosco Barayagqwiza, co-founders of RTLM, were
prosecuted and convicted for the crime of genocide by incitment. Nahimana received a
30-year sentence and Barayagqwiza received 35 years.
TAKE HOME POINTS
First, there are six general ways in which a person can commit a crime — incitement
is only one of them. While footage showing the commission of crime itself is certainly
valuable, you also need to prove the “How”. Don’t forget about this.
Second, prosecutors in this example used audio — not video. Below are some ideas on
how you could use video to show how someone committed a crime by incitement.
Video clips of perpetrators calling upon others around them to take violent and illegal
actions in settings such as:
•
public speeches
•
broadcast interviews
•
sermons to congregations
•
billboards
•
signs carried by protestors at rallies
•
protestors chants at rallies
CONSIDER YOUR
SITUATION
Review the list
above of “How”
an individual can
commit a crime
and then write
down various
ways you think
perpetrators
are committing
crimes in your
situation. Then,
write down how
you could use
videos to show
the “How”.
118 VIDEO AS EVIDENCE: PROVING RESPONSIBILITY V 1.0
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