Медіа як специфічний суб’єкт злочину закликів до геноциду

The article is dedicated to analyzing the role of media in committing the crime of incitement to genocide and the existing practice of holding individuals accountable for such actions. The study briefly examines the historical development of the concept of genocide, as defined in the UN Convention on the Prevention and Punishment of the Crime of Genocide, the Rome Statute of the International Criminal Court, and other international legal instruments. The article further analyzes legal precedents where incitement to genocide through media has been recognized as a separate crime independent of the actual commission of genocidal acts. Special attention is given to the practice of the International Criminal Tribunal for Rwanda (ICTR), particularly the «media case», in which the RTLM radio station and the Kangura newspaper were deemed instruments that contributed to genocide. The authors examine both the nature of the statements that constituted incitement to genocide and the means of committing the crime (direct and public incitement). Another essential aspect discussed is the question of when the crime of incitement to genocide should be considered complete. A separate section of the study focuses on distinguishing between the concepts of «hate speech» and «incitement to genocide». It is established that while hate speech creates a favourable environment for genocide, only direct and public incitement to the physical destruction of a specific group can be qualified as a crime under international law. Representatives of mass media are a specific category of perpetrators in the crime of incitement to genocide. Media outlets provide a platform for disseminating information and ideas to large audiences, amplifying the impact of potential incitement to genocide. At the same time, journalists and media professionals benefit from certain legal privileges, making it more challenging to hold them accountable for particular statements. The authors also analyze modern challenges related to media use for fueling hatred and inciting crimes against humanity. Special attention is given to the activities of Russian media in covering the war against Ukraine, which, according to various human rights organizations and international experts, may fall under the classification of incitement to genocide. In conclusion, the article outlines prospects for further research in this field.