|
Nov 17
2008
|
Kabuye Rwanda and Universal JurisdictionPosted by truthseeker in Untagged   |
 |
a) Kigali had repeatedly been warned by Berlin, that Kabuye would be arrested if she went there.
b) Kabuye had been outta the Rwandese military a while by the time Habyarimana's plane was shot down (this is the cahrge brought against her).
c) Kagame says Kabuye was on official government duty, Berlin insists otherwise.
It follows then, that Kagame, who has a special dark spot on his heart for France (says France involved in the Genocide there) knew that Kabuye would be arrested, and perhaps even arranged (this so as to force France to show its hand, i.e. what evidence it is the French claim to have proving the RPF committed gross crimes in the Genocide period).
Like Kagame, I have no time for the international community's 'justice', the suit against Bashir shows Ocampo to be politically compromised even crooked and you just know what his stand on the Kenyan situation will be. France is not being too helpful with the ICTRither, but they are western and its all good.
However, I share not his or the East African writer's faith in the French courts and that Kabuye will soon be released. Few people come back from these courts aquitted.
What is the wider significance of this spat? Especially for us? We will see, especially as the West continues to make merry in the Congo's mineral rich bloodfields and as our media goes hysterical over Waki's nuclear option.
TrackBack URI for this entry
Subscribe to this comment's feed
Show/Hide comments
Show/Hide comment form
As you know, the doctrine of universal jurisdiction is controversial in international law and relations. Nevertheless, Rwanda is on the record as being in support of the principle so long as it does not amount to neocolonialism.In essense, universal jurisdiction allows national courts to try suspects of international crimes regardless of the nationality of the defendants or even where the crimes were committed.
What is bizzare in this case is the potential politicisation of the whole case, as you suggest. I am intereted by the whole matter for two reasons. Firstly, regardless of whether her visit was official or private, Kabuye is a Director of State Protocol and a top Rwandan presidential aide. It can then be argued that she has immunity from prosecution while she holds that public office as stated by the International Court of Justice in the Arrest Warrant Case.
The above nothwithstanding, it shall be crucial to see what evidence the French have in support of their claim;that it is the Kagamr and his RPF that shot down the president's plane in 1994, which triggered the genocide that killed up to one million people. Finally, this case could have serious implications for Kenya and in particular, the suspects contained in the Waki list. Unlike Murungaru who was banned from the UK and other countries, these suspects may actually be arrested in foreign countries.It shall be recalled that the Chilean dictator Augusto Pinochet was once arrested under the universal jurisdiction, a principle that made the likes of Henry Kissinger and Ariel Sharon reluctant to embark on foreign travel.