De-Mediatizing the Media Case: Elements of a Critical Approach
| Autor: | Gabriele Della Morte |
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| Rok vydání: | 2005 |
| Předmět: | |
| Zdroj: | Journal of International Criminal Justice. 3:1019-1033 |
| ISSN: | 1478-1395 1478-1387 |
| Popis: | The Judgment of the International Criminal Tribunal for Rwanda in the Media case focuses on the responsibility of three individuals charged on the basis of their control of a radio channel and a newspaper in Rwanda. Due to overt freedom of speech issues relating to this Judgment, it was immediately mass-mediatized. This article analyses the case from a purely legal perspective, focusing on the issue of `how` the Judges determined the culpability of individuals for crimes concerning the media`s influence in the preparation and execution of mass crimes. Some critical elements appear in this perspective, including: the (il)legitimacy of the extension of jurisdiction ratione temporis; the (in)opportunity to establish the mens rea of an inchoate offence via the actus reus of a non-inchoate offence; the (un)certain distinction between forms of direct and indirect participation; and the (in)determination of the criteria applied to reduce the sentence against one of the accused (as a form of reparation for the violation of procedure by the Prosecutor). |
| Databáze: | OpenAIRE |
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