A/HRC/2/6 page 7 Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter alia: (a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof; 19. The ICCPR, 3 on the other hand, uses more restrictive language. Article 20, paragraph 2, of the ICCPR provides that: “Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law”. 20. The Statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY Statute),4 as well as the Statute of the International Criminal Tribunal for Rwanda (ICTR Statute), 5 repeat articles 2 and 3 of the Genocide Convention verbatim.6 The Rome Statute of the International Criminal Court (ICC Statute)7 replicates article 3(c) of the Genocide Convention and provides for liability for anyone who, “directly and publicly incites others to commit the crime” of genocide.8 21. Hate speech is restricted because of its intrinsic ability to hurt and its perceived influence to incite hatred and even violence. For example, the travaux préparatoires history of the Genocide Convention highlight that the perpetration of genocide could, “in all cases be traced back to the arousing of racial, national or religious hatred”,9 and this was part of the rationale for including incitement to genocide among the punishable acts of genocide. Likewise, in 2005, the Committee on the Elimination of Racial Discrimination (CERD) adopted a Declaration on the Prevention of Genocide10 and a Decision on follow-up to the declaration on the prevention of genocide: indicators of patterns of systematic and massive racial discrimination,11 both of which draw a link between hate speech and incitement to genocide and identify as indicators of genocide the systematic and widespread use and acceptance of speech or propaganda promoting hatred and/or inciting violence against minority groups, particularly in the media, and statements by political leaders/prominent people that express support for affirmation of superiority of a race or an ethnic group, dehumanize and demonize minorities, or condone or justify violence against a minority as indicators of genocide. 22. Despite their uniform acceptance of the idea of limitation, the international instruments discussed above vary in scope and in their interpretation of key elements of the law. ICERD as discussed earlier is the most far-reaching and seems to allow for a wide range of responses to incitement and advocacy which it also defines fairly liberally. Other instruments take the more cautious and narrow approach of ICCPR. Furthermore, interpretation of ICCPR suggests that there may be a “tension” between several of its provisions, in particular between article 20 , paragraph 2, and the rights to freedom of religion and belief and the right to freedom of expression, guaranteed by articles 18 and 19, respectively. B. The jurisprudence of treaty bodies and other mechanisms 23. The relevant international human rights mechanisms, including the Human Rights Committee, CERD, the Special Rapporteur on freedom of religion or belief, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related