G. 222?/A .l tr ,n zr ,ril r"\ '

Hul LAJ usrtc Et NrE1ry4!!?N+ |t+r ouRD' 30'31 MAt 2oo8 I II ADIFIA'JD I France) (Association pourta defensedu droit internationa!humanilaira' 'a;;il;;;b Droit solidaritd) iiationate des iuistes d6mocrates' et lnternationale Cit6 lJniversitaire de Paris' Maison

for.Rwanda: The International Criminal Tribunal "victor's tmpunity"? @ n troU"|for''f u"ti ce or Juridiiatly Created

Prct- Petet Erlindgtl

lntroduction

our work t tind it.wo'undingto ';;;i;;i';;;;;;'ianasedtt is unfair that potitics undermines to riJiiure the principtasor intemationat justice.....2 Ponte 2OO3 Fumer tC7R PmsecutorCada Del

Tribunalfor Rwanda (UN-ICTR) The lntemationalGriminal Council mandate to of 1994 with the Security was established at the end year' in Rwanda duringthe previous prosecuteafl internationalcrimes committed

Un|iketheNurembergandTokyoTribunals,organizedbythe"victors.'ofWW-|I. created by the former Yugoslavia(ICTY) were the ICTR and the Tribunalfor the a European controversialcircumstances3 As UN SecurityCouncil, albeit under

o Prcl. PelerEdHer, MsY2006 r presidenrrcrR-ADAD (Asssiation des Avoi€te de...la -?:t"J:..-",1: (ICTR. Military-l I nar': il",i3;"Li:]i{",i.",i'1 o"toi'"J-Coun""t, Prcsecutor-v' -Nlabakuza - of Law' St Paul' MN' ttt tr'G*' wti MitchettColiege Lawyers Gulld, New York. NY:

?Hartmann,Paixelchalimilnltesgueasde,apoliliqug(lLaTl.rlo1l.l:fisseptcmber2T'2007)'to sae that we nave pohn"" 'ii-tii"" il' y'L* t na o.271-72:'tl is unlai that 112u^^9insKagame has signed a DF 'manaoed ii-iteiitionat iustice' because 'tti"iiiii"e*rntlo idiculent p'int'pte" t*tth tho Uoited statesl'' under chapter 7 , councir has a proper mandate to^estabiish,tribunars whether the security and lcrR and remain the source 'oea*enldcemenr powers are '":"H fi# ;i ;;ih ih" lcrY ol some onirovereY' a t ? I' . dI elr r I'r * 2"26/4

tribunal, the ICTY has been closety studied and criticized and lwill not aftempt to

otfer my own critique in this setting.

However, the ICTR has been much less rigorously reported in the westem

press, and much less regularly observed and studi€d by legal scholars. The

result is that this imporlant United Nations undertaking is almost unknown to the

world and, as a result, has been relatively easy to ignore or mischaracterize. My

purpose is to raise awareness of the that have - tumed the Rwanda Tribunal into a great-power foreign policy tool, rather than an

example from which intemational justice might now. The article references

documents in evidence at the ICTR, but not widely reported. as well as recent

revelations by former ICTR Chief Proseculor Cada Del Ponte, who was removed

from her ICTR post in 2003,aftar

During the thirteen years of its existence, the ICTR Ofrce of the

Prosecutor (oTP) has come uncler great criticism for moving ever-so-slowly in

bringing its cases to trial, which can be explained as eitheti a lack of

competence; or the result of particularly difficult investigative or evidentiary

challenges.a The credentials of former ICTY-ICTR prosecutors: Hon. Richard

Goldstons: Hon. Louise Arbou[ and. Ms. Del Ponte (who was retained as Chief

{ Rent Fvelations indiate that the task of the lcf R Prclsuld he! ben complicated by the mclssity to re-€st lho Rwanda war. end thr resulting prcseculiong, in a manncr lhal is aclually inconsistent with the evidcne 3howing that thc Rwenda namtirc upon whicfi the ICTR prcsecrrlion! have been gDunded har @mdicated by the polilical nees:lty ot creating impunity for the vic{ss In lhe Rmnda war. S@ Orl Ponlc rnd Harlmann rctercws, lnln. a ' tt i | .r r {..t r\ re. 2244

post she had been removed from her ICTR in Prosecutor at the ICTY, even after of leadershiphas not been the main the fall of 2oO3)' suggest that competence

imoediment.However, the now the suppressionof investigationcrimes #; in 1997;5and' the removal ''- committedby the victors by Ms' Arbour "t ,6

re- has had the difficult challenge of raise the possibility that the ICTR-OTP only one side in the Rwanda War' writing history,to jusUry prosecuting of at least sornecharges against each Unlikethe ICTY, which has brought members of exception of NATO forces)' on'y the protagonists (with the notable acc'used at and mllitary have been among the the former Rwandan govemment in to end its trials in 20087 and appeals the ICTR. Now the ICTR is scheduled has proposed to transfer UN-ICTR 2010, and Ms Del Ponte's replacement govemment' Ou'pit"@ detainees to the Rwandan

Council'6 whichE-member of the Security

s See,infm.

a See,infra, President Dennis Bvron , Newseyin t:qgtttd.th^"]-l9J.l However. on May 27,2006. Himndette is not lealistic tnliii" idbi:"o-prition slrategf witl Eport to the securitv counqt possibie trmsfef site, despite the recem apprcved Rwanda a3 a " The rcrR has recenry durins l9e4 see of lcadins fisures t tln*J#ig"J"tqTt-f3'olt::::mmitted (spaln' indictmenF 2906) Andreu February lffi;:;;;,;;;y:rr"-r::*iffrindictments of Judge Bruguiete t#^J,'rlt"'"tu"t 1n9^iu-d:-e,t':ffi gii:l"tiq ;i*ktli:*:,:;lf*' e Prosecutor v Munvakazi €3e was 3l3t'ti';?'["J:,]:;'i'l',,T"'",i,'Iiiil;;; '"i'*i.o t'-"r"' lcrR trialchambec on May29' 2008 i"'l"lii-ut'rlt" "rihe ;. {'."-'..*" 277+/A

Given the mandate ot the ICTR (r.o. to prosecute a,, crimes commifled in

Rwanda), this is quite an extra-ordinary set of circumstances. Either the 'Rwanda waf

-roposition about which lhe previouslyun- published documents, referenced herein. raise some doubt)....OR W

established after \AM/{1.o

Because of access to original UN and U.S. golremmenl documenb that

the ICTR defense has put into the record, another narrative is developing that

confirms the obsewation of former Chief ICTR Prosecutor Carla Del Ponte, lusl

prior to her removal from her ICTR post, afier suggesting prosecution of the RPA:

It is unfair that potitics underminas our work....'o

ICTR Defence Evldence: Tho Rea, Narrativc of the Rwanda War

; Et Thatwar pitted the French/Kinyarwanda-

by all prrtlcipsnts tn WW-ll is bOyond dEpl.|te, the aascrtcd jus$icalion3 tor lheir mmlrdon are inolficr mattar. r0 Hartrnann,Paix et chzliment tcs gwres de ta potitiqw lFtamatlon. Psrls Sept.mbcr ?7, 2007). p.271-72. MJ. Hartmann reporls lhc 2003 ercrhangr bslween Ms.Oal Ponta and lqbal Rize, lhe tiBl rslstanl to Kofi Annan in 1994 in lhc Dcpartmeni of Pea€kcping OpcElioru.

" For purposes of thb paper, this bdet hisiorical rovicw ha3 be.n dEm f|m r muci morc deiailed .@nt in the authois forlh@ming book on thc ICTR and the Rmndr Wer. Fd . dessiptbn ot the war trom UE p€Bpcctivc of a fomer ofrer in th. RPF/A. see Military-l ethibit DNT 218, Ruibir, The Secrat Hisloty ot Rwada, (Paris, 2OO5) 4 | t t l, { , | a" 4+'tt l! : o,* 2284

and armed forces of Rwanda (FAR)' supported made up oovernments,against an invading force .,'' )eakinsRwand"@ {,*':: #ll as .a Armywho broke-otfto invade Rwanda, known that Between20-25% of the Ugandan army comPosed of Yoweri Museveni in 1986 had been deoosed Milton Obote in favor

of Rwandans in the early earlier' At independencefrom Belgium Rwanda more than 20 years

dominated y was replaced with a republic ?r J ,- )) of the population' then and now'12 who made up more than 85% RPA military between 19OOand 1994 the Evidence at the ICTR shows and weapons by a steady stream of materier actions in Rwanda wefe supported from either "Hutu' oi Uganda't3 but had little support delivered from the territory 1994' Amnesty Rwandan population In September or "Tutsi" members of the reports of atrocities it had received numerous lnternational reported that

a socialist-orisntcdMillon Oboto in Yow€ri Museveni' had-dcposcd 12 Th. NRA of Uganda. und6r between 1961-19E5' *t"n 'ft""l Sb0'000civilians-w-ere^xllled 19E6.ancr a mr for pweiln 2001) and waush' Pau' v'nms l9lllt,"]n "-z:;";::;:;;;;i;;;.1":_':1"-1.,i'jif"{?lofllnl:':"*51,3J"'jil5"T}i;:fi,l"l'lilsoe M.mdani. whsn ""1",i!'?,il"t"-ii?Tl"l"l rradine liin;i;;;';" ''6 *rslriand Kamp-ara be@mins mBJor ::"'"t"illJ"llt':ff:i".'tr':!:r.,g,,a. oiamonos ano-rlJc|iiifi:tfhti*."lff.t$mf*:11'."J9,::"9'"1 iliii* w€sMaro and Rwanda. Ether lhan "riiijttprrtJ n"p" d on consoand @{orenees' infta' '! restimonvaiihe lcrT'TT lT:l ;i ;?i'"1f*T:ii:'tT',Yi':ff [P*""i:H;1",,?'f inFebruary 1es3 (i6' Lt' :".;|::jt;1t;33t"l"JiiltlFifil;i"uri"nJ 'nit,'voo;inan€ lill,i'ii.ii'lir',acn. Cand 10' 2006 and olher')' { ill ' rl t f }i {,".-. 2222th

committed in areas controlled by lhe RPA, but was unable to confirm many of

these reports because the RPA prevented access to the areas it controlled by

journalistsor human rights observers,without RPA accompaniment.r'

By February 1993, the RPA demonstrated its rnilitary superiority in an 15 assault that nearly captured Kigali. The presence of French and Belgian

military advisors in Kigali deterred the final assault and a March 1993 ceasefire

was followed by negotiations and a poler-sharing agreement . called the Arusha 16 Accords. This political compromise would have resulted in the political wing of the RPA.the RwandanPatriotic Front (RPD.FIIillin a'unitv' ll,t t govemment.rT 'transitional On April 6, 1994, the final terms of the government'1 I agreement had been approved by afl Rwandan political parties (with the !

exception of the RPF), af, sunounding countries, as well as, the U.S., France, :

potitical arm the invading torces Belgium and the papat nuncio, consigned RPF f-^ I (RPA)to a minorityrole, that exceeded the number of heir identmablesupportersl

in the population.t6 Thus, the RPA/F was faced with having to accePt minorityl

!'See mles ed Amrcsly lntemalbnat RePortot Seplember 1994. inlm

by Gen. Oa[aite in " lCtR Milltary-1exhibit DB 7t: The RPA military suPcrioritywet dodmln|s the Sept 1993 IJNAMIR Re@nDissam Rspotl tiled et lhe ICTR. to The Arusha Aords wrE signed In Augu3t 1993.

t t The politkal onsequm of tha r6umPtion ot tho mr m3 that tho RPF bc€me the ruling poliliei porer ar a @mplimlnt io th. mllitary supcaiorlty lhe RPA had acfiiaved ln Februlry 1993 and demonstEtad conctrsiEly in ApriFJuly 1994. t' ^|f The ilnal stic*ing po'nt wa3 the inchrEim ot rn'anttTuirf Parly, ths CDR. if it rgrcrd to modify I ibrcrition""srequltcdbytheArush.Affids. 8yAPdl l. |994.th€CORhad,groedtotho enditiona impos.d by th! Arushr and ellpa'rtb3. sfa fp RPF. ageedthal lhc CDR I 'unit)'rFaEitionP@G , \q5t Ue pemined to Joht the govmmenl .J t'l 'tt Q a' .. J t"aF* , 222t/A lf

military dominance and the ability to oolitical status, although it had demonstrated

seize complete Power bY force' Rawson expectedthat the ln Aoril 1994, recentlyarrived U'S' Ambassador a by Habyarimanawhen he returnedfrom final compromisewould be announced

conferenceinDaressalamregardingtheproblemsfacingBurundi'afterthe Presidentin October 1993' (Following assassinationof the first'Hutu" Burundian

theassassinationofPresidentNdadayebye|ementsotlheexc|usive|y..Tutsi.' 350'000 of "Hutu"civilians in Burundia'some Burundianarmy and massive killing 1e Rwanda ) late 1993' which further destabilized refugees entering Rwanda in and the new President of neighboling President Habyarimana oi Rwanda leadership and the French Burundi, €itary to hit the President'splane on the approach flightcrew, were killedwhen missiles

the Kigali AirPort' and the after the apparent assassination The 4-year Rwanda war resumed

beginning as

The FAR repeated a-most weekly thereafter' early as the night of April 6 and RPA' and to put capacity to defend against the claimed they lacked the military government an assessment lvhich UN and U'S' down the civilian massacres,

documents suPPort.20

s Ambassador Rawson h 'fi;*"" APril 1, 1994 code cable trom u usanda rlgiliio ii.6. €-u"ssY"a* in"* Kampala "1: a ih). it''., -q. 22o/A

Massive kitings of civirians had followed the fl assassinationofthepreviousBurundianPresidenlbyBurundi.s.Tutsi.mi|itary Ambassador Robert only six-months earlier (late October 1993) ancl even U-S' both Kagame and F|aten testified at the |cTR that he persona,'y wamed would be the Habyarimana in November 19t13 that'Burundi-like'f State Department chief for result if eilher side resumed the war.22And, the U'S' (April 7 in washington, Afiica, Prudence Bushnell, stated on the night of April 6 Burundi as a reaction to DC) ttatdwer€ likely in both Rwanda and

the assassinationof the two presidenB. rrris atreadyhappened seveEl umes in € tsad when Rwanda Burundibebre October1993, during the previoust\i'o decades

?r Sc releremc nfm. z|cTnMititary-ttcatmonyo|U.s.Ambas3'dortoRw.nd.l99&1993.Rob!'tFl.tcn'Ju|y.2006. R'oodlalbn CommisEion fof (ll b worth noting that, aner nmo. iiatcn elcd ior r Truth rnd bme' he mE accused of being ilil;:;jil fti ia'tt nusesauasins ol Hotet Rv€nda Publiclv !o thc U s 'l N chGago t '*r---nn"r-fot the Hutus' duing-1994 by thc Rmndan AmElryd ot 2007 - auftod Lirii"* ipi^t"J rv ncv. .Je-s 'JaclrsonIn the lumm'r

cxhiblt DNT 315. Aptil 7. 199/t c.bL of a .' j Qr ql nn/A

a predicted

war crimes or crlmes

againsthumanity).

(i.e. genocide). testifiedth"t rormur ilalso IIIIll e HabYarimanagovernment or

country'E military,or any othergroup in the like Rwanda'Partictllarly one with a Further,he testifiedthat in a small country

or U'S reports from the Belgian' French ff" testified he had received no I during his term a plan was even being discussed intelligenceagencies that such his replacementAmbassador Rawson' in Rwanda (1990-1 993). or that of

TheRwandanPatrioticArmy(RPA)'|edbyformerUgandanMi|itary. by April 2025 seized the eastern 1/3 of Rwanda IntelligenceChief, Paul Kagame Kigali in and took control of ihe capital Ghion 1994 mid-July. But, recentlyrevealed Oocu[!! in the of the UNHCR had detailed rePorts for nearlya month:26 southeastempart of Rwandatn"t m"yffiitrolled

; hundrede.tf !T^':"i1'.?1,,11"'J" ;:: r*;;;"-- Frerd In october 1991' well !# Hl"t#" ."i"iJt"u"" ti erceident" Ndadaye :s ::' ;##n:r;blJ":;:w$:Rit1n:$'*1wl*""rut;*rsouthAtr€'roumator of necessary as that conducled b-y-theRpF is indi@tive 25A ,usrarned mirirary€mpa'n-such o{ materiel and logisticalsuppon orrlor-"nnrnS organization "no FtcTRMirtary-lexhibitDNT2s9.Mav17,1994UNCHRT:p"il,:lRPFkillinssatRusomo ",&t*x#+jiltd""#::E"Htr;tl"l**"*lll[H;Jy'"":::si:pu'linto'ihe I t. r' 22te/A ir

Nyamugari,Gisenyi, Nyarubyi:'. tha RPF Al...seclors'ii"oiia...tni, awav-to3omas vil,agers-one are iaugit anq gken in tnq.area -the iir"i'iaf,t-'"ii-'oipte oiliir". No has rctumed' Refuaeas beino tied looemet'end th!9wn'i00-tne tries to river. It seems ouns are frilusect if somebodv 9s@pe"- sevora' atlacks on At...sector Muzaza'--.lhe-;;i-'iri RPF taunched ;;-;i;;;; poputatic't ;;td;;.;;r; di tie viuage'vittasets *"? g?y?f.! f,o^"i';";;;;;;; ,rf,tt, werc bumeddoyl' An ty'-it3::.:-"-".: iir ;;v' I vittases were thmwn into iJ'tl,iiii*i iiJ Jrilnewas ntted wiln s-2it' lg<4!l-!!31

gaup of Rwandan people On 15.05...a-n"i' -wen ?1":-*'""the ftr^i^g-'iiii.""or"'person ti;Y zoss so'diers"'someiumped.into ounded up a 'iiip ilownad' 7he sotdiers ot r*viiians snd marclad them off"'

An tRCstaff per*n wroteto theirofrics.: .7i!qY9. very bad 8t the boder here"

bo'der oPen We batiave that onty Tanzania"'onty i"i"g"":; :- zii rrasolel-aos 1d :?-tlly''=::#:di , ii-it"iiut ni*ause ol RPF pasenoy and..instabitity" ll I a t\ )i 2t2/A

onlv independent human rights In August 1994, UNHCR received the before' during or after the war'2? report from any arcacontrolled by the RPF/RPA ,Gersony RPA killings,given to Kofi Annan The so-called Report"2sof massive

258: '7 See. ICTR Military-ldelense Exhibit DNT litllings^and abduclions by the Rwandese Amnesty'iii,t"ii Inlematiomr, nw"iit: n"potrs ot e-v' Aprit-Ausust1994' Octobet 20' 1994: ' l'!4!i'p+H;ry tha RPF ctosely hlemational hts knottn lor ye86 that A undt' its controt' nv)nitorcd an(t 9nien69]1-::,: to "ont-rpa-i"iini" nralv lalked Joumalistsand-p'""'nt'ii"u" i iunannaaen-organizalions RPF wtth?t:: an'RPF ofiicisl being Rwandan citizens undor iii--'aifii tin" new govemment ca-malo power on 19 oEsant. rhis en"rna t';i if/l',i the 'l'"J" lv the RPA @utd ba sathered Jutv 1sg4very timit'a inoiiJi"i'Zooi ln'amational, has Bceived numarcus dnd made Pubtic"-Howe'il' itnesty i oi m" apn since tho war in Rwanda ';{;:;reDods of humen tigr"" Dt detiba.ala and i;'oi,iii iieo'"ii""""i'j"""'*t1"fr" iiii i'"i'a'a lu'dn-!"' exaculions- and- disappearences"' atflarery kitling| o' po""'Dl' extft|Judtctat o"ing dllowed to kitl opporents" reDottsol civitian suPP*ii a inu ipr

'" lcrR Exhibit oNT 2sol; Raymond' "Rwandans Say the Now york limas, Augusr 5' 1994: Bonn6r' Viaos fll ManYWho Go Back' n :- hearing f1om.I"-n"* Governmenl KADUA. Rwanda' n'g' I 'R"""ntly' have tried And now th€y are coming that it was sale to go ho*"' ioili-Lipt Kioali *ittt thal some Hutus ua-ck to me wretcneo'"r"tiie1 ^ttporls, and inlaryiews'olhsr Hutu men Rwandan Paltiotic F'ott ' fn ""i'"i"t" tied uP and.led aMy by Patriot Front women...gave simi'"t ""to'nl-6it- Uiing-Xiltedwith lhev relumed to their sotdieF and ot..n, *oi'Jn iJ cnifOrm -ttit ir atrocities by the Pattiotic Ftont vitlages .'.TheE h"* o"J'"'#ii"it"i t"9 -q9tl-"-1r11. aPenl several hours but no confimatront'nti-i''Io".'- eur' found their accounls credible' ilijv ni"plitr" tteruiews with refugees Bonne]' Raymond''U N' stoPs Retumlng Naw York Tim6s, SePtember26' 1994: Rcfugces" Rwandan 'ln of thB United Nalions has Sept' 27 - a sharP Eversal Policy' ij' retusing-to even assist those en@umgi"g n*t"oii 1'l"dts and- stopPed the new' Tutsldominated 'o go no-"'iJu"" ot' *potf that who wish " membffi of the Hutu ethnic in nmnoi ilii'iirla-tt"*"itds ot Govemment 'an unmistakablqpattern ot killingg t"po't ton"rljJJ 0t"iirtti" *t 'aimed orouD...tha Patriotic FronL at the Hutu 3'""0'!;;;";;;',;v 3o;;;;;'il'Filndan included i"iii'on nuo"".k-investigalions that ooDutations'...the.p"ii-"" nrne lr q{" Rwanda'' 145 communes ano at lii5J.*"-"iri ioo'n*nJ"ti-in refugee emPs'

16 Monda. Oc{ob€r 10"1994 etat de de 30000 Hutus "Rwandan: un r"pport"JJnfrntiel laisat 'la-mort HCR (RAPPoRT GERSoNYf controvene persisl" ts';ii;;;;^-";u ";

11 r ,at t 22tcA 1*

and other UN figures, was confirmed by publldy available Human Rights Watch20

and Amnesty Intemaiional3o reports from SepternberlOctober 1994' A to memorandum from lhe Undersecretary of State for Africa George F' Moose

.the Secretary, (U.S. Secretary of state Warren christopher under President

Clinton) reports a briefing on September 17, 1994:

A UNCHR investigative team that spent Juty and August in Rwanda (i.e. Gersony 'buthor) has reportod svstematic human riahts

Jean Matie Sag arso. ICTR lstimony of fmr Rmndan Fotcign Mlnlster Ndagiytnana, Novamber 2OOOand ddments assodaled ther#ith'

x 'f"."'iuititary-t oefrnse Erhibit oNT 251: lctn'- 1994: nagtt!. Watcfr. Absance of Ptosocrt'o4 CottiD6d Kittttlgs' sePL Acgg!!d' 3 . KilliN3- AnrsE and DismaFn6s ot thc P' . .. ardvad lo make . Tifri67"rxn-.o*sts;E-evacualpd when RPF soldie8 lound a i in" g'r,ind". when the ltesls Elum:d in 'hey .Julv' had b$n "trrw(X,';i?aool" nimbar or oodies ApPaanlty' lhe vblims' whosc ams and had be€n bound, had been assembted lu itef,qation by the sddieB lhe.bodies in thoe ta'ge bealei lo desth. The Yiisls oG,anized thc budal ol by Human Rights *"i grrr$ whbh were t(r,ited aN phologtaphed watch/A(ta- gathercd savanl o On Jrty 13, in tho sdrthem lrc,vrnd Bular, RPF sodiars boen heatd lmm iia"ia diipu(ra penms..n.ast t ett ol the man hdw not nlatect lhat oi;. fh, ."n win dotatnsd ln lhe wtedna'y schoo'"'lr'fnsses peop& kfued in lh' woods Tiii pitt a g w" aays nei tan sclunfi ot belng terl lo altc sctoot' . (many dhil exatnPresindudcd h r€port) . ihc iPr Klttno ol Clvliang Dutino rhc War- p 5

- .' - tnttltarf t Oefsnse Exhlbit DNt 258: lctR'- the Rwandese iiii*ity i.t*atimal. Rmndd Reporls ol Nlit'gs, anctsbd(rfions W Pddori; Any, AptlFy'.ugu9l 1991' Odobcr 20' 1994: . 1. Inlpdudion: the dosaly nEnitored aN l;ffi7ffinatinal has knun lq yeats lhdt .RPF. (I)nhd6d movetrents of torcbreB ln aBaa under ts @nlmt' Joumusts lo Rerandan iJ.ir-"rtfa.o ol humatf,arbn organhaltons-nmly .lalkod ptasenl' Thls &zeis under rhe rrttrll ol the RPF wilhod an RPF ofnial being u 10 July 1991 ii*a tna beloto tho neril Ewemmd camc b PMt galhored and ,oy hnifea irtotmetin ebott! ab-ws ny lhe RPA cott,d bo -mada Amresty lnumatlonal tyt: toc.'tt!,ct nunerore rcPotls of wif"...ior"*r''hman bagan in trgthls sbuses *irrn"d Ov tha RPA,slnao th.e war in Rwanda atbita'y ldllings Oclober-lggc.- Theso navc inctufact hndnds ot detibanta and of civilien r possiOle oxtraiuctitial executions and disappoarams" DPorts pdnreE hetd ti ti"'RPF behrs attwad to..ry Twfdi;'ltnv d lving ' Lfni""[iroi iie n"r, w"n subi*lad lo a patli@lady painlul lotm RP4t p 3' . 2. OelibsEte md arbitt'arYtiltinos bv thc - . 3. Abdutiions end'dsaooaatarcor' bv the RPA' p' E'

12 f ' I { t., t' j f, h,a "l t". 2Art/A

the"UNHCR interv'ews with refugeesfindividuats' On th€ basis of em.arsed'rhe RPA 'lrili*il'^ian;gsiili'iii"tiaia thata 'disptacedpane:iof kitiing had of personslo discussPeace and ZZ:;;W"'ciiiJ-iiai"-pi1ieii"2"1';-*1:':^fl:"""::':"0:"Y".f i""iiilK^r:r"o-tr'iiaii&athen;'tnad!lt!'o!'-LolD,e-se-'ma-s:asf,e-E

nntas 18-4O were at

Ti'cni. tnei,ura'tt Rwanda'dwho The former Foreign Minister of post for governmentand only been at his new had been a diplomatin the former UN documents has testified at the ICTR that L ew montns in October 1994' 1l 1994 by Kofi at his office in Klgali in october a' Lno*nn that he was approached in an effort to cover-up the chief for Africa' Brian Atwood' iRnn"n USAID "nO government as a member of the former by the RPA were correct And' [*,',,nn, he was post in thelunity-government" testified who had only recentlytaken his ' He resignedhis Post and

went into exile in November 1994'32

264' I' lcTR Military-l Evidence, DNT Ndagiyimana' of fmr. RPF Foreign Minislet Jean'Mari8 r see. lcTR Military-ltestimony November 2006 ta a , r r't 2ue/4

were alsollfby the United Nations in early 1995, and not

seriously disputed, when lhe RPA was openly killing civilians by the thousands in

the Kibeho Refugee camp.3:r tn 1996, the RPA and Ugandan armies invaded the

eastem Congo triggering a war that continues today. More than 6 million deaths

and the largest UN peace-keeping operation in history has been the result of

these invasions and occupation, using sunogate forces.v

By early 1997. lhe chief investigabr for the ICTR, QC Michael Hourigan, a

professional prosecutor ftom Australia, along with a team consisting of former

FBI Agent James Lyons and Maj. Amadou Deme (the former Chief Military

IntelligenceOfficer for UNAMIR General Dallairein Kigaliin 1994) had concluded

thal the two Presidents had been assassinated by an RPA execution team under

the command of Paul Kagame. This was reported to Chief Prosecutor Louise

Arbour but, according to the testimony of QC Hourigan, after initially being

apparently pleased with this information, Ms. Arbour ordered him to siop his

invesligations and confiscated his investigative reports and notes. Hourigan and

all his team also resignedfrom the ICTR in 1997.35

of t|e ICTR oxtands only lo lhe }ls 1994 .rld slmes comhted by 199'l lre rt bsu. at hG ICTR rnd .r. mrniiomd her mly lo rstablish the facl lnililtry viol.nce and civili3n

A 5.., UN Pano! ol Expens Rsport on aho lltagat Exptdt.tton ol the Demrcmab Rspubtic ol the Congo, Ociob€r 20, 2003.

!t ICTR dafene cvidm in Military-|. Erhibh ONT 365. March 6.2007 Affidavit ol QC Mlchael Hourigan (and supportlng affidavit of Amadw ocmr):

ln tele Jdnuary I eady Fobruary 1997 membe6 oI lhe Natiffil Teom wen apprcached by thrcs (3) tntonants (either lumer or sNhtg mcmber ol lh. RPF)

'14 *, ,,.at { t .,rira lI{| ,'t 22/3/A

iilll"ly *etoers of the former government

consistent with the well-established have been prosecuted is completely to accept' before I began nanative3o that even I had come hard

havealluded to here)requires ffiich I of the of internationaljustice' the integrity a serious reappraisal...inthe interest proposed be the ICTR Prosecutor has ICTR and treIIIlIlt in battle' transfened to their former enemies

RecentlyissuedilIlhaveconfirmedthattheKa9ame- 1994 are RPA/F governmentcommiued$during of France in November 2006' ;tle indictrnents issued by Judge Bruguiere secretary to have met personally with then-uN -reported Kagame ICTR prosecution of Rwandan President General Kofi Annan to urge the France grants President Habyarimana' since for the assassination of former

immunity to sitting heads of state'37 by Judge followed in February 8' 20008 The Bruguiere indictrnent was Kagame and 40 a 180-page indictment charging Abreu of Spain' who issued

Kagemo, mct"!c'' w' Paut "" 1-:;;;l;; was Bctivety invoNed in tuven .,:;';i;;'Ttiiit""iip"tiaiwandans-onesuch Xi:::i'^:!":,;!;:",ffi in Naimbi iiJiiiii"-rin'" deathot sethsondeshonss *i.a.thatthecunentRwandangovernmentandmilltary,ledll,la:l,jGsame'werethe"heros" p.*-oin mid-Julv 1994' afier the th"t' g"no"io"-r p'ij#"iit uv his own who had stopped "*i"inwinda and was killed probably by fomer Presidenthao utocxeoenori-ti-Jemlc'aiize military. ,Tl:o 'o' tha assasgination o| !7 |ndidm6ni' Novemb'' 2006. ciarg-ing.RP-F Soe Bruguierc ragame be prosecuted at lcTR' president H"uy"rl-"n", fomer "nj'r"-J.-.enaation'inat

15 t I ft , tc d',t' 2?t4A "

mernbers of his govemment, including the Military-Attache to the Rwandan

Embassy in Washington, DC.$ but INTERPOL intemational anest warrants

have yet to have been executed in the US, or elsewttere.

It is increasingly coming to apPear that Rwandan President Kagame and

the ICTR for the

by the United Nalions.3elt is as though the United Nations is being used as

'bounty huntei for the annenl govemmentof Rwanda...-andits superfowet

patrons.aolt seems Plain,in rekospect,that the ICTR has beenlllf

-anda war....but it was not until September

2OO7that it b€came dsar whythis creation of impr-rnityhas occuned.

$ sea Andreu Indiclmont, Fabruary 8, 2000 charging 40 RPF bedeE, lncluding Paul Kagame wih qimcr ommittgrt during 1994, ircluding th€ assasshation of fdms Presidrnt Habyartnam and gamire. 'Acording ' ln Septembcr 2007, it beema aPparenlthet. to indcpondent lrperl!, sme 30,000 Hutu hed been kitlod in Rwandan tenilory, al thr tin€ th. -tmy of the FPR wa3 advancing The Aru3ha p@@tion had catalogu6 burtecn sltes ot m.s3acre3 and ms makir€ eflorls lo 90 up tha ciain of mmand.' Harlmann. Prir tl chalittttl. p. 66. t Sr Harlmann and D6l Pmtc, Infn. Howev3r, on May 29. 2fi)E an ICTR ttial cfiambtt rciected trc OTP requert to hantfs the Mmyekui caaa lo Fhflanda. an indication lhat the eimsrc of lho RPF crim6 may b. causing a reaPPralssl by et least $me membeF of the ICTR --

16 .i . l, ,,: t t,I o 22r/A

-.|CTRProsecutorCar|aDelPonte'sremova|fromofficein 1l thefallof2003,attheinsistenceoltheKagamegovernment'theunitedstates' )t Secretary General Kofi Annan confirmecl the United Klngdom and, eventually by process was necessary' /'n' that cfoser scrutiny of the entire ICTR

ProsecutorCarlaDelPontaAcknowledgesCrimesofRPF'A: in Mid-2003 Another Narrative Bagins to Emsrge and Swiss Judge Carla Del Ponte In July 2003, ICTR Chief Prosecutor

(whowasa|sochiefProsecutorfortheex.Yugos|aviaTribuna|)announcedthat

her otnce l This announcemenl Gou"rn.en the Rwanda standard nanative and' if this was was clearly at odds with the

-

Thiswasthefirsttimeinnear|ynineyearsthatthe|CTRofficeofthe that there was at least shared Prosecutor (OTP) had publicly admitted and was the first time I even considered responsibility for the trageoy in Rwanda cusP of that the UN Tribunal might be on the such an idea. But, it gave hope placed' blame where it properlyshould be fulf;llingits mandate by fairlyassigning the day of the Del Ponte press conterence' And. not surprisingly,within a

RwandanGovernmentinKiga|iwasca||edfortheresignationofthe|CTRChief

Prosecutor.

'r See. Hartmann, Psix et chaliment'pP'261'72 17 a. 27/a/A

when U'S' Secretary of State But the mystery deepened a few days later 'weapons search for of Mass colin Powell took time out from the ongoing for Det Ponte to be removed from Destruction' in lraq to echo Kagame's call General Kofi Annan also called for office. And, a few weeks later, uN secretary post' For an inter€sted observer' the Del Ponte to be removed from her Rwanda levels of the United States question was, why on earth would the highest matter' object to the United Nations govemment. or the United Nations for that announcing nothing more than her ICTR ProseqJtor in Arusha, Tanzania prosecute atl crirnes committed in Rwandan intention to carry oul her mandate to become a current story some nine years earlier? History had

call for Del Ponte to be removed from Just weeks afier Colin Powell's Govemment held its ftrst presidential office in late July 2003. the Rwandan govemment' during under the RPF transitional election after nine years of rule Vice- the Rwandan mititary and was either which Paul Kagame controlled rePorted President or President in in 20O0 when-RPF party members that Kagame had become President 'transitional' parliament voted 81-5 to replace former Rwanda's un-elecd

presidentpasteurBizimunguwithKagame.Bizimungu,whohadbeenpresident^, finding himseff fr sinca July 1994, had abruptly resignedllllrafier govemment obiected to other members of the accused of misdeeds, when ho into being unfairly attacked and driven who wero possible opponents of Kagame to that when Bizimungu retumed Rwanda exile. The westem press had reported

18 h, tt .,' , 22a"4

he was imprisoned for contest the 2003 popular presidentialelection in 2OO2' loyalistsin the transitional establishingthe oppositionPDR party, which Kagame

appointed-Parliamentdeemed illegally"divisionist''a2 only credible By August 2003, lt was also a matter of public record that the FaustinTwagiramungu who had opponentto Kagamewas former Prime Minister had been the main opposition also returnedfrom exile to contestthe election' He of the MDR party for the RPF Rgureto the previous government as the leader RPF Prime Minister in the "Unity seized power and was Kagame's first gone into exile in 1995' too' after Governmenl..' But' he had resigned and

refusing to be associated with the by RPA isplaced Hutus at the Kebeho Retugee CamP

Twagiramungu announced for the troops in 1995, and other RPF crimes' his MDR party had also presidencyfrom abroad in earty 2003 but, by April 2003, a3 PDR) and outlawed been declaredillegally "divisionist' (like Bizimungu's l June 2003 to run as an\ Vvhen Twagiramungu returned to Rwanda in up from November to August 2oo3 independent. the elections were moved i I more difficuttfor the challenger' And, I making organizingand campaigningeven 1( jO provincial campaign representatives were two days before the electaons his 12 violencein alt the provinces"and his arrestedfor'planning to coordinateacts of 'a their lives campaignmanagers resigned citing fear for

'2 and Rwanda Powet. Genocide and lhe Rwandan See osnamlly,Waugh, Paut Kagame Palriotic Fmnt (MacFarland USA 20M) on Rwanda' Feb 25' 2004' State DePanment2003 Humm Rights Report " See genenily,U.S.

" The Economist,Aug 26,2003'

19 L 2zo%

gtowing list of former rnembers This was far from a specutative concem' a it neeessary to leave the country in of the Kagame government had found Twagirimungu's successor as Prime addition to Twagiramungu and |||r gone into exile in 2OOO' as had formet Minister, Celestine Rwigyema, had Sibarenzi Other fonner members of SDeaker of the National Assernbly Joseph including tormer Interior Minister the'Unity Governmenf had been assassinated' and Asslel Kabrera an advisor to Sibarenzi Seth Sendashonga (in Nairobi) aM in Union ObseNer Mission' which had been Bizimungu (in Kigali). The European

RwandafornearlyamonthbeforetheAugustelec{ion'reportedlarge-scale the 'climate of intimidation' which characterized batlot frar.rd,vote buying and a and part to the absence of opposition parties entire process, owing in no small

the anest of supporters of Twagiramungu''s 95% of the vote and under the new Kagame was elected with nearly the fir't of in 2003, Kagame was elected to constitution, that was arso approved

two 7-year tefms. a term longer guaranteed*."ining#

This outcorne

early as of the stated aims of the RPF as was particularly ironic because one an end to lhe 1l "multi-party' systern' to bring 199O had been to establish a

'Habyarimana dictatorshiP'''t

Mi'tsJol,septambet 2oo3i se' also' '" Ft-dtirP.l tt Eu@petnobsover tu6"t" iia mi *i"ndEn PattioticFNnl' PP IE5- Wruqh.Patrl Kasa ne anaR"'and;t'"#ar'-{i&ia" 206(Mcfarland USA 2004) !o- d'i {' ,,.- 22a7/A

By the Anniversaryof the "Rwandan genocide' on April7,2oO4' The EconomistreportedthattheKagamesou",n'"ntil't

|ba7itsapparentpoSt-wareconomicimproVementnot

withstanding.

The 1996-2003 Rwandan/lJgandalllof the Eastern Congo: uN ExPerts RaPort Oc/ober 2oO3

for her job at the At nearly the same time Carla Del Ponte was appealing issued a report that UN Secr.rrityCouncil in the fall of 2003, another UN body was increasinglycurious Rwanda shed an entirelynew light on what seemed to be an

story.TheUNPanelofExpedsRepodonthetl|egalExploitationofthe October 20' 2003''8 after Democratic Republic of the Congo was issued on detailedthe Invasionof the severalyears of study and preliminaryreports' which and again in 1998' The Congo by Ugandan and Rwandan troops in 1996' foreign armies hadlf Report described in damning terms how these altered the economy by directir'3 eastem congo's resources and permanently (a mineral essential to cell Congo's wealth, including gold, diamonds and coltan of Uganda and phone manufacture),east to Kigali and Kampala' The capitals mineral resources that did Rwanda became major tradlng centers for valuable

RPF and oPposltionparties frm '6 lcTR Militaryl Delene Exhibil: Joini statement issued by Brussels,MaY 1992-

tt The Economisl,March 28,2004. the Dem&ralic Republicol ths 'o UN Panetof Expeds RsPotlon the tttegalExploltalion ot Congo, October 20, 2003.

21 a l1 2206/A

great in the eastem not exist in either country, but which existed in abundance

Congo.ag of millions of These invasions of the eastern Congo resulted in the deaths the fragile Congolese Congolese as a oonsequence of war and destruction of eastem congo had intrastructure. The Rwanda/uganda initiated war6 in the what has been called the lirst drawn the militaries of surrounding nations in been going on for 7 years 'World War' of Africa. By 2003, the Congo wars had all as a consequence of the joint and had killed more than 3 million congolese, occupation by foreign lroops' or their Rwandan/ugandan invasions and resulting

sunogate local forces.$ fevr months after I accepted the All of these events o@uned within the first more questions that I could not answer appointnent at the ICTR and only raised attention to contemporaneous evenG at the time. But once I b€gan to Pay closer

inCentra|AfricaasPartofmynewassignment,itwasre|ative|yeasytoseathat RPA army was not behavlng in the way the Kagame/RPF govemment and its d that they had been ponrayed in tne 'democratic the role to which they had been Far from being the liberators'' in 1994' since coming to power assigned in describing events in Rwanda power and resources in Rwanda and the Kagame's RPF/RPA had been seizing

surrounding area at a tenible human cosL

n td. '3 thi3 it n RePott ol Exp€ds Oci 2oo?' whicfi arc @ntinuing Unn"d Nolio* Security couttcil have t"iit"tts era lhaf md! p'opte then 6 million bdm wrinen in spring zOos. The t*ftLnt in tt eastcm cango ev6y 4 rcr(h3 than h*6 bccn hiled and ntr! cvfianr an'Gf ilfC b8en klllttd in Darfut In totall

22 t' a 22os/A

U.S./U.K. Pressure UN Security Counsel: Del Ponte Removed "Wth lmmediate Effect" in October 2OO3

\Mth all of this in the news and the public domain, I watched in stunned

wonder in October 2003, only a few months after her Arusha press conference

when Judge Del Ponte was removed from her position as ICTR Prosecutorby

the UN Security Council, at the urging of the United States and the United

Kingdom. She was replaced by , who publicly pledged

rof to foilow-up on the prosecutoriat initiative -*

. Del Ponte was permitted to retain

her post at the lcTY, indicatingher removalwas not a questionof competence.

butthepublic|yassertedreasonswere"efficiency"questionsthat,ontheirface.

weremurkyatbest'Despiteherprotestiations,thedutiesofthechief

Prosecutor'sotficeweresp|itandMr.Jal|owwasappointedtorep|aceheratthe Kagame ICTR. Jallow publicly pledged not to prosecute members of the

Governmentand all seftledback to "normal'at the ICTR'5I she fiat could Carla del Ponte possibly have been refening to when crimes too? And, announcedthat members of Kagame'sGovernment committed

ifCar|ade|PontehadtheevidencetoprosecutemembersoftheKagame

Government in 2003 and the public record revealed|Illllll

Rwanda and massiv€civilian killings in the congo by lhe Rwandan - ? Why did -colin 1! Powell take time out from laying waste to |raq to call for her removal from out the office. when her announcement only meant that she was carrying

t' Hartmarn. Paix et chalimenl.

23 tt rf zp?/a

in Rwanda in mandatE of the Security Councll to prosecute all crimes committed

1994? sz States govemment Was it possible that the highest levels of the United massacres and economic and its closest atly were not aware of the years of in congo' as reported piracy being committed by Kagame's RPA and Il events in the Congo? Was by frre UN experts and numerous joumalists following

it possibla that U.S. souroes v'ere unaware of tne E

documentedbytheEUandtheobviouse|iminationofa||potiticatoppositionto with military control and virtual Kagame within Rwancra, which had lefi him Bush been informed this had all dictatorial powers? Hadn't US President George at his ranch in Texas during been going on before he met with Paul Kagame 2OO3?53 Kagame's state visit to the U'S' in March

By|treendo'2003.a||recentinformationemergingatapub|ic|eve| part of the United States and pointed to eilher: highly unlikety ignorance on the patrons since both governmenE had been the (Kagame's maior govemment in July 1994) or publicly the hrst to lmmediately recognize the RPF of the Kagame govemment by the unacknowledged support and acceptance w6ll-established that it would be United Statos and the United Kingdom' so

unaffected bY afier ttre RPF seized power in July both inside and outside Rwanda's borders

! In Saptemb€r 2oo?. the 1994 tePdts oJ RIF.T1::

tl BEC. M.rch 02, zoo3 ,A I t qT I.F! 22o3/A

quo and that 1994. However,hard evidencethat this apparent quid pro existed' "Rwanda genocide'" it has had a continuingimpact on shaping the story of the first by qaI'B and the ICTR, itself,was not confirmeduntil Seplember 2007' by Judge p- long-timepress aidetsr"raand in February2o08

Del Ponte herself'

The 2007-0EDet Ponte/Harbnann Rev€lations: ICTR Mandate U.S.-U.K./RwandaPolitical Quid Pro Quo Distorts 10 of 2007 when Some of these questions were answered on September Del Ponte' Florenc€ Hartmann' the former long sewing press-aide to Ms' years at the Yugoslavia published Paix et Chatimenf, that described Del Ponte's access to Judge Del Ponte both and Rwanda Tribunals.s Hartmannhad direct of Hartmann's book' Del Ponte before and after 2Oo3 and, after the publication 2OO8'War Ciminats and Me'55 that has published her own oook in February suPPorts Hartmann's account carla recounts some of the same incidents and accounls of events described in the del Ponte as not disavowed any of the pages are devotedto the Rwanda Tribunal' Hartmannbook.$ A small number of of 2OO3'when Del Ponte made her and specificatlythe events of the summer to prosecute the Kagame oublic announcement about evidence sufiicient

potitique(Flammarion Paris' Septembor 1o' s Hartmann.Paix a t chatiment:les guenes det ta 2007) 35Def Ponie, War Ciminalsand Me l2oo8\' delPonte 5 Dookdiscussd tha Yugoslavia Trtbunal' ftom which M3 ln themaln, the Hartmann State of ZOOz,ana AescriOes Del Ponie's ftustration with the U'S' resigredat the end be€use of hB usefulneEs intcrferencewiar nJ p-rcecutonof SfoUodanMitoeovlc DeDartmsnt'r booksels out in somsdetail lhe numercus ;ffiU.;.';ffi; ;;J in"' m" o"vtoneoords The to manipulste'the Yuqoslavia Tribunal fer waysthat UN memu.."r"t"" t"ifi'r"i"a' or r'ieo theirown PurPosee

25 .N q a t 22o2/A

Govemmentfor 1994war crimes,and the eventsthat followedwhich resulted in

Del Pontebeing removed from office.t

The Hartmann book explains that. shorfly after her announcement

Prcsecutor del Ponte was summoned to the U.S. State Department in

washington,D.C. to meet with BushAdministration 1A/ar-Crimes Ambassador," Rwandadisasbr' He -, who was no strang€rto the ICTR,or the had formerly been a member of her office at the ICTR' and had actually firstcasesthat prosecutedone of the -* X Accordingto the book,Prospet fiauy orderdd Del Ponteto drop all notions

He explained that the united stales Gt 'strategic close working had interests' in Central Africa that included a cooperation relationship with the Kagame Regime.5e He specificalty mentioned jurisdiction of lhe International by Rwanda in excluding U.S. persons from the that her Criminal CouC and military cooperation of long-standing Prosecutions that only Ms' Del would disrupt. The book cites dates, places, names and details her own account' Ponte could have knovrn, and which she has not disavowed in

Thebooka|soexp|ainsthebehind-the-scenesmachinaiionsoftheU,S.

andU.K'de|egationstotheSecuri$Counci|thateventua||yresu|tedinher

removalfromofficeinthefallof2OO3.So,theHartmannbool(solvesatleast 'mystery.' with the Kagame one part of the Because of U'S'/U'K' relations

5t Hartmann. Pak el Chaltmffi4 W.2a1-72' Inlmatlon that had s Preiumably, Amba3seds P.ospaf had acces3 to mud'l ot lhc aamc of RPF cdPsbittty lincc h! was a eusod prosidrtor det Pontr to mek! hcr Pu6ic rnmuncsmmt fotb*ing idal at rhe lcTR. F;i".lriri- i" p- secutu v. Akayesq'one of ttre first mviclbnr

rr Hartnann, Pat al Chatimanl' Pp ?61-72

26 * + "r t'a /rr ,t rqt 22or/A

prosecutorswho even considar Govemment, accordingto Ms del Ponte' ICTR long U N' careers' prosecutingthe side lhat won the Rwanda War will not have ICTR personnel' as well' and it is Presumably this would also apply to other have not learnedthis lesson' too difficultto imaginethat the ICTR Judges \ t ftt x Del Pontilllll Plainlystated, the Hartmannbook and carla

to see a'l of the During S-years of research at the ICTR' I managed J- at uN headquarters by Kofi Annan's uN-Rwanda frles that had been generated (DPKO) between 1993-1995' and Department of Peace Keeping Operations (United Nations Mission in Rwanda) in Kigali those swept up from the UNAMIR of documents are in the evidentiary record when it closed down. Many of these so are on the web in a researchabledatabase' the Military-ltrial,e and the resi 6r conclusions that othei researchers can verify my Freedom of lnformation Act (FOIA) I also benefitad from lhe domestic U'S' reports about Rwanda' generated by requests for contemporaneous' unclassified the ICTR and ClA The "disclosure"rules of the State Department' Pentagon

mademostofthispossib|e,andareanunintendedconsequenceofestablishing a smalllevel ofdue process' The Tribunal Tribunalsthat purportto embody even of documents that I rules have permitted the accumulations

exhibii$' @ sse, ICTR Military-tand Mililarvjl

6tSeewebsite(undar@nstruction)bvtheauthorwiththeassistancaolWm'Mitchc|tcot|egeofpossible: ."r.e" itoependenl research Lew to Dut docum6nts into .n. puori"-'r"*rjii"i M.Mndad@umentsDrcieci net ?7 ra '4t ,,t ,. 1i r!"q' 2zoo/6

ln addition to these -n-t witnessesscattered documents,the Tribunalalso made it possibleto interview in the ICTR record' all over the world, and to include their swom tes$mony publiclyknown becauseot However.not all Of the most imPorianttestimony is of shieldingimportant the 'closed session' procodureswhich have the eftect

testirnonyfrom PublicMew. who had concludedthat CarlaDet Pontewas not tre first ICTRProsecutor prosecuted' As briefly mentioned membersof the KagameRegime should be fl|ail-x earfier,in 1997QC MichaelHourigan recommended and' based on his the be brought to book - lll where indicted and are investigations, both Bagosora and Nsengiumva my client is also a defendant But' he defendants in the Military-l trial' in which

8,so'ecommendedthatPresidentKagame.himse|f.bearrestedfof|he of Burundian that triggered the 9Odays assassination of the Rwandan and

violence. Paul Kag'mc The- -' |CTR-OTP Had Evld€ncE lo Prosecute Eatly 13 1997 for Habyarlmandr Assasclnauon a3 afhdavit of QC Hourigan' As mentioned aoove, according to the sworn recommending the prosecution of Kagarne' shortly after he presented his report to droP the Kagamc lnvBstigauon' to forget Chief Prosecutor Arbour ordered him of his notes'e Instead he resigned in it had ever happened, and not retain arry

lggT,asdidtheothermembersoftheteamshortythereafier.andhisaffidavit of MictEelt-loudgsn Qc)' J ,"r* t,*"oa Dolano ErhibltoNT 365'(Afiidilil la t)," 2rn/A

the Ntabakuze and copies of his notes are now in the evidentiary record in Chief Defence case in the Militaryl case at the ICTR, as is former UNAMIR

Militarytnteltigenceofi'icerMaiorAmadouDeme'sa'f|davit,describingthe Kagame having ordered the evidence he had lurned up in 1994-95 pointingto

assassinalions.s3 Hourigan raise The Del Ponte book and the sworn statements of QC 'mission' ICTR. Former ICTY/ICTR serious questions about the real of the publicly whether Canada's allies (the Prosecutor Ms. Arbour has never said Ms' del Ponte) had anything to sarne super-powers that threatened and removed 'bury' of Kagame' do with her orders to the prosecution -

iCTR The unfortunate fact seems to be that the - - " :'rtl u, ,|[-/N f I case, including former rhe testimony of witnesses in the Miritary_l Ruzibiza'who was accompaniedby members of the Kagame army like Lt Joshua govemment that has granted him asylum a bodyguarcrprovided by the European 2006 book describesin great detail when he came to testifyat the ICTR'65 His

howhe'andaselectassassinationteam'launchedthemissilesthatbrought

366' 6 ICTR Military-loefene Exhibil proPosedDNT oel a U'S MichaelJohnson undermlned The Hartmann book also describeshow a PEsedlor' in 2003' poniii in*"tigrtions of the Kagame govetnment 65 Mar' 9-10' 200e' ICTR Military-ltestimony of Lt Abdul Ruzibiza'

29 -.ta i.l" t"\ 2t"sA I e

on orders from then- the night of April 6, 1994 down the Presidents, ilane on army also brmer officers in the Kagame Gen. Kagame.s other witnesses' Kagame's the missilos from Uganda to testified how they secretty transported and then to Kigali for the launch' own house in Mulindi for safe-storage' planning ano lestified to the detailed Several former RPA/F officer took place between ammunition rom uganda that accumuration of weapons and :::1,::::j:':::'JJH:":'i::ff:,"fi:::'ff;:le4l crash. All of th presrdent Habyarimana had died in the confirmed that former by Kagame had been called into headquarters commanders of the military units war during the Afri given their orders to begin the few days before, and rvere night of April 6'd Cup soccer match on the of former effort to raise th€ assassination For more than lGyears every in .trig'ering, event of the civirian massacres president Habyarimana as the they were 'inelevanf by ICTR iudges' Whetrer Rwanda, was declaGd were brought to bear by the same pressurcs that influenced directy of indirectly possibly is Michael Hourigan' and of Carla del Ponte, QC Ntabakuze Defence in the undeniabl€ that b€tore the impossible to knout, but it is President was never it' the assassinaton of the Militaryl case accomplished who replaced Ms' even today' the Chief Prosecutor discussed attho ICTR' And' islF stating that the assassination Del ponre is on record as Public{y

(Perb' 2005) Rudbizs' Iha SeatafHisrory of Rwenda' t tfi M"',t*t-, .t,.i"h D tT 'z-: 3e33'pn) tt lcTR Military-ttcltimmy (closrd t .r t, 2n7/A

for Rwanda.68 jurisdiction"of the united Nations Internationalcriminal Tribunal Habyarimana But, despite the obstacles, not only was evidence of the than a thousand United assassinationput into the Military{ trial record, but more been only in the Nationsand U.S. Governmentdocuments that had Prosecutors 6s One of these is a May 17' 1994 files have been Put before the ICTR iudges of civilians taking place in UNHCR report describing huge massacres by the invading Kagame army'7o southeastern Rwanda, an area long-controlled

And.numerousreferencestothe.GersonyReport"thathadbeen for Refugees (UNHCR) prepared for the United National High Commissioner investigation in Rwenda' since the based on the onry "lndepenoent human rights power in mid-July 1994 which detailed Kagame Govetnment seized 30'000 civilians'in southeastemRwanda assasslnation-stylekillings of "at least UN documents reveal the fire-storm that by the Kagame RPF army and the 17' even morc significantly' the September erupted in its wake.7l And, perhaps Secretary of State makes clear that 1994 memo from George Moose to the U'S'

p'in"iPal ligure in the 6. quotlng Prcesutor JallN, sae. LsMonde, June 29. 2007 11 ?99i:tt" ancl paut prUlicly 6llBd for the invastigationof lhe RPA Rwanda,Jean nrJ"""Uigi"i, fitm Hotel Ther-elPonsefrcm Mt Jallow of lhe Kaoame's involvementrn ure xaoy?ii"i";"'Jt*""in"rtn f:'ft*xiit#***l****:::r,"ltffi li??lJfi f,:ffi :iiff "**" II t! It ssq Soe ICTR Militsry-l documentaryevidence ro sre. related notes. suPm in the tall of n RightsWatch and Amnesty International Simllarreports wete Publishedby Human 1994. Sea telalednoles suPE

31 ir 4 2t?6/A

the upper levels of the Clinton Administration knew that the RPA"/F was .killing

10,OO0a month'in a small area of southeasternRwanda.Tz

But he U.N. documents, nonr in the recorctat the ICTR reveal more. The ICTR .,Rwanda_Genoclde Cover-up,, of RpF Crime! 't994, In the farr of both Kofi Annan and the chief representative of USA'D in Africa (a U.S. Stale Department agency), Brian Atwood, traveled to Kigali shortly after Gersony,s findings became known. The U.N documents report a

meeting with the new Foreign Minister of the Kagame Government, f

-who had been elevated to his posilion only months before ftom the Ambassadorshipto France in the E.

Foreign Minister also testified at the lcrR and @nfirmed alt of the detaits aeported in he UN documents.T3

Why the crimes of thE RpF should be

embanassingto the united Nationsand united sbtes is subjec{to speculation,

but both the UN docr.rmentsand the former ForeignMinister conrirm that the

attemptto cover-upth€ RPF/Acrimes by lhe united Nationsand united states goes backto at leasiAugust 1994.7a

t2 Sec refated noles, supn and inlrv. t! see teelimony of fnr. Rffindan Forcrgn Minbtcr Jsan Marie Ndagiyrmana,Novembrr 2006, t' d. and retalcd notcr. infta.

32 aa a I t 2tas/A

a few months the ICTR Now, the "cover-up" is almost complete Within will be convenientlyunable lo wiff shut down, and cunent ICTR ProsecutorJallow the crimes described in carry out the Security Council mandate to Prosecute

|CTRevidenceandtheinternatjonalwarrantsissupJotne supPort' is activety campaigning to Rwandan Government, with U S' and U K' Rwanda' have ALL of the ICTR cases transferred to

ffireTheKagameRegimea|sowantsat,|CTRrecordsandall And' although 1934-95 UN records list UN prisoners to be transfened to Kigali' immediately following the war' more no more than 5o0 major criminal suspects decade' in Rwandan prisons for more than a than 100,000 suspects been held

After the 2003 election 'divisionism' "negationism'and directedby any lnd nut"row accusationsof thatthe Kagame 'Tutsi"who is criticalof the Kagameregime' it aPpears l"*r' or the ICTR to reach impunity is being extended far beyond lou"ttunt'" governmentworldwide' fppon.nt. of theKagame

tansttr ot ths Munyakazi €se lo ;t";a^ ,ttt an lcTR chamber reteclad tte lt"r4q simes of the RPF may be tne growing-p"lii" n!"o,d the Rwanda. which indietes that "tPosing to-dw at the lcrR' ir'l"lirg tn tha judges sworn iust'e "ii;i""t cited sup€ ,6 websiie (u. of Pittsburgh,us), ill sea articteby author on JURIST f,. .a , i ,. 2t??/A

The seanritycouncir has announcedthat new triarswil be over in 2006

and the appealsin 2010....soonthe ICTRwill be no more.Tr lF all goes as planned,ihe IGTRwill soon pass into historyas .victor,s that was nol designed as a tool of justice"...but becam€ one, in p:

Retecting Jurldlcrlly-Constructed lmpunity: The Only Chancs for Reconclllaffon In Rwanda.

I have presldent been declared a crimlnal by Kagame, hlmself, lI14

Rwanda, I have violated the ban against 'negationism,--

. My former Rwandan investigator has been threatened

with arest and is seeking asylum. A Rwandan ICTR lawyer as been arested

when he attended the court,Tt and a defense investigator is being prosecuted for

manipula0on of evidence by the same ICTR prosecutor who has refused to

follow Ms. del Ponte's lead, the recommerdations of Judge Bruguierre or the

indictrn€nts and wanants issued by Spanish Jr.dge Andreu.Te

One has hope that, now that the manipulations of the ICTR by the U.S.

and U.K. for their own political purposes is known at the ICTR and increasingly

outside of Africa, the good judges in Military-l will carefully evaluate the evidence

n On Juna 4. 2OOE,|CTR Pr8slrent Drnnis Eyron will report to thG SMity Courcfl thaf th6 2OOE comdatlon dab is not wtebb, shlch har bcd rcintoEd by th! May 29, 2006 Decirbn In Munykezl lo dcry Eamfer to Rmndr, and EtJm lro im accus€d ftom EuEpean counider rvfilch hrve drdimd to acc.pt ru#dlctbn. n ADAD mcmbcrl,lc. Galileya, a Rmdan rx?rtriot living in Moambh€, ms amlted by TaEnian auttDritlc! basrd m a Rmndan wananl whm he appaer.d al th. IGTR in Scptcmbei 2007, Hc hat sine bccn rclcrscd, but is nfl dcersed. Emltian DBabe. tormerly aod invodigald in lha Military-l lrhl, wa! thrgatmd wlth pm3ecution in Ktgali .nd b 3leking arylum in Europ€, InBtigabr N3hogoz. h.! actualy blen pmsEuted (sec nol6 infr.) and arcthrr inwltlgatd ha3 r.cently gona into cxlle and ia sccking arylum (lorcc mfidentiaD. tt fur indiclmenl in Pms*ulor v. Nsttoggzt, end Investlgrtor charged in Rmnda and trensforred to thc ICTR war filed in mid-2008.

34 l- '.1 I 2tq3/A

'proot permit my client' and require beyond a reasonable doubt' before they optimistic' ICTR process Major Ntabakuzeto be convicted....but,it is hard to be

has made it possible to document a narrafifl permits was noi possible at Nuremburgor Tokyo' and which F",nich

evidence has been discovered' it can be evaluated J Now that this pre-ordained outcome of scholars and historians, even if it cannot change the

Tribunal. grpal€st contribution that And, perhaPs fhis will eventually prove to be the And' if the more the ICTR has made to the development of international iustice''

accutatehistorica|recordprovidesthebasisforashaingofresponsibilityforthe African-style'reconciliation" process undeniable tragedy of Rwanda, a Soulh

might be possible for Rwanda' However'

is not only a necessary for Rejection ol i,tidica,,y-construcfed impunity to prevent a distortion justice to be achieved in the short+un, it is also necessary political tools of the powerful of the world' in of intemational legal institutions into

the long run.

,. . , . . . ._-^-r.

I- 4 ' tf; ' t'. rJ r a t a 2/q2A

And, that the I nationsof the world that are str,zin a positionto projecito distorr even the operationof supposedryneutrar juridicar institutions estabrished underthe auspicesof the united Nations,despite the good intentionsof human rightsadvocates..

Thls is will be unfortunatetegacy of the rcrR, unressthe sec-uritycouncil

insists that ib mandate be furfirred.....despilethe now weil-estabrished interventionof two of its mostpowerful members.

Prof.Peter Edinder President,fCTR-ADAD (Assocrbtion des Avocatsde la Defenrr),Arusha, TZ fCTRLead Counsel, Mititaryl Trial (pmseculorv. Ntabakuzel Past-President,National Lawyers Guild, New york, Ny c/o Wm. MitchellCollege of Law 875SummitAv. St.Paul, MN 55105 .edinder@wmitchell./ (65'l ) 2906384