Incitement to genocide is a crime under international law which prohibits inciting (encouraging) the commission of genocide. An extreme form of hate speech, incitement to genocide is considered an inchoate offense and is theoretically subject to prosecution even if genocide does not occur, although charges have never been brought in an international court without mass violence having occurred. "Direct and public incitement to commit genocide" was forbidden by the Genocide Convention in 1948. Incitement to genocide is often cloaked in metaphor and euphemism and may take many forms beyond direct advocacy, including dehumanization and accusation in a mirror. Historically, incitement to genocide has played a significant role in the commission of genocide, including the Armenian genocide, the Holocaust and the Rwandan genocide.
"Direct and public incitement to commit genocide" is forbidden by the Genocide Convention (1948), Article 3(c). If genocide were to be committed, then incitement could also be prosecuted as complicity in genocide, prohibited in Article 3(e), without the incitement necessarily being direct or public.
Incitement means encouraging someone else to commit a crime, in this case genocide. The Genocide Convention is generally interpreted as requiring intent to cause genocide for incitement prosecutions.
"Direct" means that the speech must be both intended and understood as a call to take action against the targeted group, which may be difficult to prove for prosecutors due to cultural and individual differences. Wilson notes that "direct" does not inherently exclude euphemisms (see below), "if the prosecution can show that the overwhelming majority of listeners understood a euphemistic form of speech as a direct (rather than circuitous, oblique or veiled) call to commit genocide". American genocide scholar Gregory Gordon, noting that most incitement does not take the form of imperative command to kill the target group (see below), recommends that a "glossary of incitement techniques should be woven into judicial pronouncements".
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During a speech at the Reichstag on 30 January 1939, Adolf Hitler threatened "the annihilation of the Jewish race in Europe" in the event of war: If international finance Jewry inside and outside Europe should succeed in plunging the nations once more into a world war, the result will be not the Bolshevization of the earth and thereby the victory of Jewry, but the annihilation of the Jewish race in Europe. These words were similar to comments that Hitler had previously made to foreign politicians in private meetings after the Kristallnacht pogrom in November 1938.
Genocide justification is the claim that a genocide is morally excusable or necessary, in contrast to genocide denial, which rejects that genocide occurred. Perpetrators often claim that the genocide victims presented a serious threat, meaning that their killing was legitimate self-defense of a nation or state. According to modern international criminal law, there can be no excuse for genocide. Genocide is often camouflaged as military activity against combatants, and the distinction between denial and justification is often blurred.
The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was the first legal instrument to codify genocide as a crime, and the first human rights treaty unanimously adopted by the United Nations General Assembly, on 9 December 1948, during the third session of the United Nations General Assembly.
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