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ASSESSMENT and PROSPECTS the Great Lakes Region of Africa Comprises the Democratic Republic of Congo (Hereinafter the DRC), Burundi, Rwanda and Uganda

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ASSESSMENT and PROSPECTS the Great Lakes Region of Africa Comprises the Democratic Republic of Congo (Hereinafter the DRC), Burundi, Rwanda and Uganda RESPONDING TO ALLEGATION OF GENOCIDE OF HUTUS IN THE GREAT LAKES REGION: ASSESSMENT AND PROSPECTS The Great Lakes region of Africa comprises the Democratic Republic of Congo (hereinafter the DRC), Burundi, Rwanda and Uganda. For a long time, the Republic of Rwanda was ruled by Hutus whereas the majority of Tutsis lived in exile in the neighbouring countries. The later developed an armed opposition, the Rwandan Patriotic Front (RPF) which was based in Ugandai. In 1994, suspected to have organised the shooting of President Habyarimana’s plane, the Tutsis were subject of mass killings which has been proved before the International Criminal Tribunal for Rwanda (ICTR) to be genocide. The killings only stopped when the RPF defeated the Rwandan Army and came to power in Kigali. More than a million of Rwandan Hutu fled to the DRC (then Zaire). It was the beginning of a long period of political instability and humanitarian concern in the regionii. It has been reported that the RPF organised a ‘counter genocide’ and killed Hutus in retaliation of the genocide of Tutsisiii. Following the thematic of this conference, this paper will focus on the allegations of counter genocide (1), the missed opportunities of responding to the allegations of ‘counter genocide’ (2) and the prospects of responses thereto (3). 1. The allegations of ‘counter genocide’ The allegations of ‘counter genocide’ emerged from major UN documents including the Gersony report (1.1), the report of the UN General Secretary’s investigative team dated of 1998 (1.2) and the mapping exercise report documenting the most serious violations of human rights and international humanitarian law committed within the DRC between June 1993 and June 2003 (Hereinafter the Mapping Report,1.3). It is also important to see how the allegations of counter genocide impacts on the restoration of peace in Rwanda. 1.1. The Gersony Report One should note that the existence of this document is subject to a controversy. Hence it does not figure amongst the UN public documentsiv. Its existence is now beyond doubtv. In essence, Gersony was tasked with the identification of a strategy for the return of Rwandan refugees to their country after the collapse of the Habyarimana regime. He informed the UN on the causes of the massive fleeing of Hutus from Rwanda. As the RPF came into power, it organised systematic killings of Hutus in retaliation of the genocide of Tutsis. He suggested that the killings of Hutu could amount to genocidevi. 1.2. The UN Secretary General investigative team’s reportvii The team reported that when it reached the town of Mbandakaviii, the Rwandan Patriotic Army searched and killed Hutu refugeesix. The report suggested that if proved before a judicial body, those killings could be qualified as genocidex. It 2 suggested the extension of the temporal competence of the ICTR in order to investigate into the allegations of massacres of Hutusxi. The governments of the DRC and Rwanda denied the allegations of massacres of Hutus on the territory of the DRCxii. Instead of appointing a neutral judicial body, the UN urged the aforementioned countries to investigate the allegations of massacresxiii. As one could expect (given the fact that they denied the findings of the report), no investigation took place at the domestic level. 1.3. The mapping reportxiv The mapping report considered the allegations of counter genocide. It suggested that the mass atrocities perpetrated by Tutsis on Hutus on the territory of the DRC amount to the crime of genocidexv and recommended further investigation by a judicial bodyxvi . 1.4. Impact of the allegations of genocide on the restoration of peace in Rwanda The Republic of Rwanda has two major communities: the majority Hutu and the minority Tutsi. The Tutsi have been active on building the memorial of the Genocide. The most important tool in this memorisation effort is the film ‘Hotel Rwanda’ that has broadly circulated the horrible pictures of the genocide of Tutsisxvii . On their part, the Hutus have echoed (mainly on the internet) the UN documents and other testimonies suggesting a counter genocide and been advocating for the investigation of the counter genocidexviii . Both communities have been regarding themselves as ‘Génocidaires’ (this French word stand for perpetrator of genocide). This situation negatively impacts on the peace process in Rwanda. On may therefore infer that the current peace in Rwanda is only apparent and that there is a reel need for a long lasting peace which is seriously dependent of the clarification on the allegations of counter genocide. It is appropriate to review the missed opportunities in this regard before suggesting practical solutions. 2. Missed opportunities The United Nations has definitely missed the opportunities of discovering the truth about the allegations of ‘counter genocide’. Two major opportunities were missed including the investigation of alleged RPF crimes by the ICTR (2.1) and the extension of the ICTR’s temporal jurisdiction (2.2). 2.1. The investigation of allegations of RPF crimes by the ICTR It is reported that the intention of the ICTR Prosecutor Carla Del Ponte to investigate the allegations of crimes committed by the RPF in the limits of the temporal competence of the ICTR provoked a deadlock between the Rwandan government and the ICTR Prosecutor. After the failure of all negotiated solution, the ICTR Prosecutor referred the matter to the Security Council. The UN Security Council 3 reportedly thought that the prosecution of RPA officers would endanger the fragile peace process in the DRC and consequently it did nothing to persuade the government of Rwanda letting the ICTR investigate without hindrancesxix. This crisis is said to have caused the dismissal of the Prosecutor Carla Del Pontexx. The new prosecutor did not take any action towards the prosecution of RPA leaders. 2.2. The investigation of allegations of RPA crimes by an International Criminal tribunal The Security Council’s decision to rely on the Congolese and Rwandan governments for the investigation of the alleged massacres of the Hutus in the DRC is the second missed opportunity. The Security Council was aware of the unwillingness of the aforementioned governments to reveal the truth on the allegations and therefore it would have better appointed an international and independent body. One should not that there are still some possibilities in responding to the allegations of ‘counter genocide’ in order to expect the building of a long lasting peace in Rwanda and thereby in the Great Lakes regionxxi . 3. Prospects of responses to the allegations of counter genocide The development of the situation in the Great Lakes region offers three possible responses including the judicial option (3.1), the truth seeking (3.2) and the intervention of the Security Council (3.3). 3.1. The judicial option It is clear that in the context of mass atrocity the judicial option does only have limited capacities. This is, among other reasons, because it does only deal with ‘those who bear the greatest responsibility’ (giving the impression of double standard and arbitrariness) and generally it does not have a satisfactory response for victims in terms of reparation of the damages suffered. However, in the context of the Great Lakes region, investigating over the allegations of ‘counter genocide’ will definitely contribute to reduce the hatred caused by the impression of a double standard applied by the Security Council in favour of the Tutsi community. Therefore, it will be a considerable step towards the building of a lasting peace. In concreto, it is appropriate to recommend the upgrading of the ICTR to a regional criminal court namely the Regional Criminal Court for the Great Lakes which will be tasked with the investigation of serious international crimes committed in the region between 1 January 1994 and 30 June 2002xxii . 3.2. Truth seeking One should remember that since 1998, the Security Council has tasked the United Nations’ Secretary General with the preparation of an international conference on peace in the Great Lakes regionxxiii . This conference can be another occasion to focus on the allegations of ‘counter genocide’. It is possible to appoint a truth and reconciliation commission within the framework of this conference in order to appreciate the relevance of the allegations 4 of counter genocide and find out a way of reconciling the Hutus and Tutsis of Rwanda. Such a process may go beyond the sole Hutu-Tutsi question, consolidate the link between all the people of the Great Lakes and therefore prevent a future genocide which is likely to happen elsewhere in the region. For example, no matter the qualification adopted by the ICC, the killings in Ituri could seriously be considered as genocidexxiv . To that end the forthcoming conference should be as inclusive as possible. It should welcome the Hutus in their capacity of protagonist of the armed conflict in the region and give them the opportunity to express their concernsxxv . 3.3. Security council’s intervention The Security Council can intervene in two manners in the case under examination. Firstly, it can upgrade the current ICTR to a regional criminal court as mentioned previously. Such a regional court should be able, at least to determine the extent of the reparation for victims of the crimes investigated. Secondly, the Security Council can create a Compensation Commission modelled after the United Nations Compensation Commission established for the victims of Kuwait’s invasion by
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