The Manyemanya (Hypothetical) Scenario: A Snapshot of Legal Complexities in Prosecuting Hate Speech

The literature on hate speech in international criminal law is extensive and vast, written by venerated scholars in juridical sciences and humanities. Unfortunately, the existing literature on the prosecution on hate speech in international criminal law touches on specific and narrow angles: for the most part, academic writing on hate speech has focused on persecution as a crime against humanity; hate speech as a mode of participation in the commission of crimes against humanity; and hate speech as direct and public incitement to commit genocide. Built on international legal instruments and the jurisprudence of criminal tribunals, such literature, even though narrow, have advanced legal scholarship thereon. However, they also bring out some of the overlooked aspects related to hate speech. To identify and analyse the substantive challenges in prosecuting hate speech in international law, a hypothetical scenario is designed, setting the context for the discussion in the remaining chapters as the scenario unfolds some of the complexities in dealing with hate speech that results in mass atrocities. The hypothetical scenario captures and reflects the role of the media in Nazi Germany and pre-August 1994 Rwanda, both of which documented some of the worst mass atrocities ever committed within a state.