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THE ICTR’S PROSECUTION OF A POP STAR: THE BIKINDI CASE

THE ICTR’S PROSECUTION OF A POP STAR: THE BIKINDI CASE THE ICTR'S PROSECUTION OF A POP STAR: THE BIKINDI CASE * 1. Introduction On 2 December 2008, Trial Chamber III1 of the International Criminal Tribunal for Rwanda (ICTR) issued its judgement in the case against Simon Bikindi.2 The trial of Rwandan pop singer Simon Bikindi drew keen interest, even from outside the law and outside Africa,3 because of the novel question it presented: whether a song can constitute an international crime. Bikindi was indicted for genocide, conspiracy to commit genocide, and crimes against humanity including murder.4 But the central feature of his long trial was his catchy, danceable music, especially three of his songs.5 Relentlessly broadcast by radio stations * 1 2 3 Dean's Visiting Scholar, Georgetown University Law School. For the purpose of this case, the Trial Chamber was composed of Judges Inés Mónica Weinberg de Roca, presiding, Florence Rita Arrey, and Robert Fremr. Prosecutor v Simon Bikindi, Case No. ICTR-2001-72-I, Judgment (2 December 2008) (hereinafter Bikindi Judgment). See e.g. Freemuse; Freedom of Musical Expression, War Crimes Trial Feared to Legitimize New Repression of Musicians Elsewhere, 14 November 2006 (http://www.freemuse.org/sw15535.asp) (last viewed on 31 July 2009). Prosecutor v Simon Bikindi, Case No. ICTR-2001-72-I, Amended Indictment Pursuant to http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Yearbook of International Law Online Brill

THE ICTR’S PROSECUTION OF A POP STAR: THE BIKINDI CASE

Benesch, Susan
African Yearbook of International Law Online , Volume 17 (1): 447 – Jan 1, 2009
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Publisher
Brill
Copyright
Copyright 2011 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1380-7412
eISSN
2211-6176
DOI
10.1163/22116176-90000092
Publisher site
See Article on Publisher Site

Abstract

THE ICTR'S PROSECUTION OF A POP STAR: THE BIKINDI CASE * 1. Introduction On 2 December 2008, Trial Chamber III1 of the International Criminal Tribunal for Rwanda (ICTR) issued its judgement in the case against Simon Bikindi.2 The trial of Rwandan pop singer Simon Bikindi drew keen interest, even from outside the law and outside Africa,3 because of the novel question it presented: whether a song can constitute an international crime. Bikindi was indicted for genocide, conspiracy to commit genocide, and crimes against humanity including murder.4 But the central feature of his long trial was his catchy, danceable music, especially three of his songs.5 Relentlessly broadcast by radio stations * 1 2 3 Dean's Visiting Scholar, Georgetown University Law School. For the purpose of this case, the Trial Chamber was composed of Judges Inés Mónica Weinberg de Roca, presiding, Florence Rita Arrey, and Robert Fremr. Prosecutor v Simon Bikindi, Case No. ICTR-2001-72-I, Judgment (2 December 2008) (hereinafter Bikindi Judgment). See e.g. Freemuse; Freedom of Musical Expression, War Crimes Trial Feared to Legitimize New Repression of Musicians Elsewhere, 14 November 2006 (http://www.freemuse.org/sw15535.asp) (last viewed on 31 July 2009). Prosecutor v Simon Bikindi, Case No. ICTR-2001-72-I, Amended Indictment Pursuant to

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African Yearbook of International Law Online – Brill

Published: Jan 1, 2009

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