After having tried high-ranking officers, ministers, businessmen, priests, journalists, local officials and militiamen, the International Criminal Tribunal for Rwanda (ICTR) is in uncharted waters.

On September 11, the most famous rwandese troubadour of his generation will stand trial for genocide. Born in 1954 to farmers in an obscure village in the commune of Rwerere at the foot of the Karisimbi volcano, Simon Bikindi made a name for himself in secondary school playing a combination of modern music and music from his region's rich repertory, which he continued to draw from throughout his career.

When the war broke out in October 1990, Bikindi was the most popular Rwanda folk singer. However, the war and the advent of multi-party politics became sources of inspiration for his well-known, but controversial songs. His songs have been banished on the national radio stations, but they are still played secretly in Rwanda and openly among Rwandans in exile. His fellow Rwandans agree: Bikindi is one of the top talents of contemporary Rwandan music. However, according to Stephen Rapp, head of prosecutions at the ICTR, "an analysis of his repertory shows that he was part of a conspiracy to commit genocide. Through his music, he contributed to a campaign to spread hatred."

A eulogist of the MRND and its president Habyarimana, Bikindi, who was also director of the Irindiro ballet, used his artistic talent to help further a criminal conspiracy, according to the prosecutor. "Bikindi's music," wrote the prosecutor "was an essential component in the genocide plan since it incited ethnic hatred against the Tutsis and urged people to attack the Tutsis and kill them because of their ethnic background. Succumbing to the mobilizing effects of his music, members of the ballet were recruited into the Interahamwe militia, underwent military training and went on to kill Tutsis."

The entertainer is therefore charged with the highest crime in the ICTR hierarchy: conspiracy to commit genocide. "One of his most famous pieces is 'Twasezereye ingoma ya cyami', a song composed in 1987 whose title means 'We said goodbye to the feudal regime.' This song, which was played constantly on Radio Rwanda and RTLM in 1992 and 1993, was a public appeal for Hutus to band together to oppose the Arusha accords," the indictment continues. "Appeals on RTLM to attack the enemy were often preceded or followed by songs written and performed by Simon Bikindi" who did nothing to prevent this misuse of his music even though "Rwandan copyright laws" gave him the right to do so, according to the prosecution.

Freedom of speech

Rapp acknowledges that the messages in the music in question "are not explicit" and that it will be "difficult" but not "impossible" to extract criminal responsibility from it. "However, the prosecutor is ready to face the challenge," promises the American prosecutor. Among the twenty some prosecution witnesses are two Rwandan experts - a musicologist/historian and a linguist, who will analyze the message in these songs. According to the defense, "Bikindi was only doing his citizen's duty.

The country had been invaded and as a good patriot, Bikindi urged people to mobilize against the invaders," argues his lawyer, Jean de Dieu Momo. "Bikindi's songs are clear. The prosecutor's interpretation is short-sided and biased. The judges need a translation and not expert testimony to understand them," he added. "To accuse Bikindi is to condemn the right to freedom of expression," concluded his lead counsel Wilfred Nderitu.

However, if the court sides with the defense, the prosecution has a back-up plan. "The songs are only a small portion of the indictment," says deputy prosecutor Egbe. Bikindi will also face charges for several murders that he allegedly ordered or in which he allegedly participated. Everyone agrees on one point: the artist wasn't singing while the crimes were committed.