The Pursuit Of Justice For The Rwandan Genocide Continues

April 7 marks the U.N. International Day of Reflection on the 1994 Genocide against the Tutsi in Rwanda. It was established to remember members of the Tutsi community, an African ethnic group, that were killed or injured in the atrocities. In 1994, as many as one million people, mostly Tutsis but also moderate Hutus, were killed in Rwanda within 100 days of slaughter. Thousands more were injured. Among those, it is estimated that between 250,000 and 500,000 women were subjected to systematic rape and sexual violence. These statistics send a strong message. The speed of the killings confirms that the atrocities were planned. The implication is that the destruction of the Tutsi people, an ethnic minority group, was the intention.

The atrocities clearly fell under the definition of genocide in Article II of the U.N. Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention). Genocide, the crime of crimes, is not a crime of passion. It requires preparation, planning and coordinated implementation. This was also the case in Rwanda. Among others, in July 1993, Radio Télévision Libre des Milles Collines began broadcasting and spreading hate and projecting racist propaganda against Tutsis, moderate Hutus, and others. This propaganda is said to have played a crucial role in creating the atmosphere of charged racial hostility that provided a fertile ground to enable the genocide. On April 6, 1994, President Habyarimana was killed after a missile shot down his plane as it was landing in Kigali. Who fired the missile remains in dispute. Nonetheless, extremist Hutu leaders seized the assassination as the opportunity to launch a carefully planned campaign to wipe out the country’s Tutsis. On the night of April 6, the Rwandan Armed Forces and the “Interahamwe” militia set up roadblocks and started going from house to house killing Tutsis and moderate Hutu politicians. The Prime Minister, Agathe Uwilingiyimana and 10 Belgian peacekeepers assigned to protect her were brutally murdered on April 7.

In the following years, the United Nations established the International Criminal Tribunal for Rwanda (ICTR) to address the issue of justice and accountability. It has conducted more than 70 prosecutions, with Rwandan domestic courts prosecuting a further 10,000 individuals up until mid-2006. In order to assist with the prosecutions, in parallel with the traditional community court system, so-called “Gacaca” trials were used. With over 1.2 million cases (by over 12,000 community-based courts), the Gacaca trials were praised for promoting reconciliation. They enabled the survivors to learn the truth about the death of their relatives and gave the perpetrators the opportunity to admit their crimes, express their remorse and seek forgiveness. In 2012, the International Residual Mechanism for Criminal Tribunals (the Mechanism) assumed jurisdiction over the crimes from the ICTR (and it did so also from the International Criminal Tribunal for the former Yugoslavia (ICTY)) having been established in 2010 by the UN Security Council. Initially, the Mechanism operated in parallel with the ICTR and ICTY. Following the closure of the ICTR (in December 2015) and the ICTY (in December 2017), the Mechanism continued to operate as a stand-alone institution.

The pursuit of justice continues. In March 2023, the trial of a suspected financier of the Rwandan genocide, Félicien Kabuga, has been put on hold at The Hague. Félicien Kabuga, a founder of the radio station Radio Télévision Libre des Milles Collines, is charged with genocide, direct and public incitement to commit genocide, conspiracy to commit genocide, and persecution on political grounds, extermination, and murder as crimes against humanity, committed in Rwanda in 1994.

According to the indictment, Félicien Kabuga operated the radio in a manner that directly and publicly incited the commission of genocide and persecution through denigrating and threatening broadcasts. Among others, these broadcasts are said to have identified the individuals and provided locations and other information that encouraged or facilitated their killing. Félicien Kabuga is further charged with aiding and abetting Interahamwe who killed and harmed Tutsi and others in Kigali-Ville, Gisenyi, and Kibuye prefectures by having provided material, logistical, financial, and moral support to them. He is further accused of having raised funds to purchase weapons and ammunition and to have played a role in importing arms and ammunition which were distributed to Interahamwe in Gisenyi prefecture.

Félicien Kabuga’s initial court appearance took place in November 2020 after he evaded capture for 26 years. The Opening Statements were heard in September 2022 and the Prosecution commenced presenting evidence in October 2022. In March 2023, the trial has been put on hold due to his lawyers arguing that his dementia deems him unfit to stand trial.

The trial of Félicien Kabuga is an important one to shine further light on the Rwandan genocide and the role of the radio and businesses in planning, preparing, and implementing the horrific atrocities the world has witnessed in 1994. It is an important case to ensure justice for victims, survivors and their families, but also to ensure a better understanding of genocide and help to prevent it in the future.