Why Kabuga cannot be tried in Rwanda

Following last month’s arrest of Felicien Kabuga, the alleged financier of the Rwandan genocide, 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. As previously reported in Legalbrief Today, Kabuga last week appeared before a French court which will make the decision on whether to hand him over to the tribunal, which is based in The Hague and Arusha. 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 fueled 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.’