Arrest of genocide fugitive brings some closure

Hassan Jallow, the former chief prosecutor of the International Criminal Tribunal for Rwanda (ICTR), has addressed the significance of the arrest of fugitive Felicien Kabuga, saying ‘justice is very important in bringing closure to the great tragedies of genocide’. As previously reported in Legalbrief Today, Kabuga outwitted genocide prosecutors for more than 25 years by using 28 aliases and powerful connections across two continents. The 84-year-old had been on the run for so long that the international tribunal set up to bring to justice those responsible for the 1994 genocide had ceased to work. However, he was eventually hunted down in Paris last weekend. In a wide-ranging Al Jazeera interview, Jallow, who is Chief Justice in The Gambia, said the US had assisted with the process by placing a $5m reward on Kabuga's head. ‘It is part of their policy to help the cause of international criminal justice. They set up the Rewards for Justice programme. It was very helpful. It encouraged a lot of people to come forward with information which led to the arrest of many fugitives,’ he said. Jallow addressed the role that criminal trials play in the healing process, saying ‘you need other elements such as healing in the community to bring closure’. ‘In the course of my time as prosecutor at the ICTR (between 2003 and 2015), I saw the worst in human beings and I saw the best,’ adding that 'there were good moments when we saw evidence of many Hutus risking their lives in order to save Tutsis’.

Full Al Jazeera report

Following Kabuga's arrest, there has been growing concern about the International Residual Mechanism for Criminal Tribunals which was set up to perform the remaining functions of both the Rwanda tribunal and the International Criminal Tribunal for Yugoslavia. Kabuga has asked to be tried in a French court. In an analysis in The Conversation, Jonathan Beloff states that Rwandans are sceptical of the tribunal ‘just as they were of its predecessor’. ‘Rwandans don’t trust the international community’s intentions for justice. This has been fuelled by the ineffectiveness of delivering justice and reconciliation for those affected by the genocide. Genocide survivors would, therefore, ideally want Kabuga to be prosecuted in Rwanda. But this won’t be possible – for legal and for political reasons. On the legal front, Rwanda’s National Public Prosecution Authority has already publicly stated its commitment to helping the tribunal. On the political front, the Rwandan Government needs to balance domestic apprehension with diplomatic relations. Turning its back on the tribunal could stir up a hornet’s nest and hurt fragile relationships with countries, like France.’ Beloff believes that Rwandans perceive international-based justice as aiding the conscience of the international community, which failed to intervene before or during the genocide. ‘Many Rwandans believe they’re trying to remove this guilt by promoting justice for international audiences rather than for victims.’

Full analysis on The Conversation site