The Real Authors of the Rwanda Genocide and Congo Crimes. Nkunda has been arrested but who will arrest Paul Kagame

Published on by HAGANIRIMFURA

By Prof. Peter Erlinder
femmeOn January 24, Rwandan President Paul Kagame sent 4,000 troops into the Congo to arrest rebel “tutsi”-warlord, Laurent Nkunda, and wipe-out the remaining “hutu-genocidaires” lurking in the eastern Congo . As the New York Times reported in early December 2008, Nkunda is a former Rwandan Army officer and many of his troops also came from Rwanda , including child-soldiers recruited with Rwandan assistance.

The arrest was a surprise because Rwanda ’s military and Kagame, himself, had been supporting Nkunda’s “terror” in the eastern Congo for years. The Times later reported that Nkunda is not actually imprisoned in Rwanda , and that the real reason for the “arrest” may have been that he had become a political liability for Kagame. He simply knows too much about Rwandan crimes in the Congo and during the 1994 Rwandan “genocide” for Kagame to permit him to remain “on the loose.”

And, with good reason.

Over the past two years, many different sources have exposed the ongoing crimes of the Kagame government and military, both before and after Kagame seized power in Rwanda in July 1994. Long a favorite of the Clinton and Bush administrations (U.S. diplomatic recognition was immediate, and U.S. military advisors were in Rwanda within days), Kagame’s crimes are reaching huge proportions that require him, and his U.S. admirers, to do something to divert attention from Kagame’s own responsiblity for Nkunda’s crimes, as well as many, many others, committed over the past two-decades, including “genocide.”

UN and Media Confirm: “Kagame is the Author of Massive Congo Crimes”

In addition to the Times article, in early December Kagame’s Congo crimes were further documented in a December 12, 2008 UN Security Council-commissioned report that describes Rwanda ’s 12-year occupation of a huge part of the Congo 5-times larger than Rwanda , itself. The UN report, which was also widely reported by the international media, makes clear that the Kagame’s Rwandan-elites, and well-connected Ugandans in the north, are getting rich on the resources of the Congo , while killing more than 6-million Africans in the process.

More people are being killed in the Congo every 4-6 months than the 250,000 that have been killed in Darfur in the past 10-years, allegedly by a Sudanese government the U.S. opposes.

A fact that raises disturbing questions about why the international “human rights” community has been relatively quiet about the massive crimes in the Congo , by surrogates the U.S. supports.

But this is not really new information for anyone paying close attention to the tragedy unfolding in the Congo . According to Security Council reports in 2001, 2002, 2003 and 2008; reports by third-world “raw-materials watchdog” Global Witness; and, even President Clinton’s former Assistant Secretary of State for Africa, Herman J. Cohen, (IHT December 13, 2008), Rwandan and Ugandan invasions of the Congo since 1996 have been fueled by the grab for Congo’s raw materials, and that neither Nkunda nor “hutu-militias” are the real reasons for the decades-long war, that again threatens to explode, in a repeat of the1998-2002 “First “World War of Africa.”

Kagame’s “About Face” on Nkunda: A Strategy for His Own Survival

The four UN reports, make clear that Rwanda has used the presence of Rwandan refugees in the Congo as justification for Rwanda ’s “resource grab.” Of the 2-million Rwandans who fled Kagame’s regime, only a small number could possibly have been involved in 1994 crimes and it is their sons and grandsons who are in the camps in the Congo , today. The arrest of Nkunda is yet another fig-leaf to cover the naked plunder that preceded Nkunda’s Congo adventure, and will go on after his “arrest”, at least until Kagame of Rwanda and Museveni of Uganda, are compelled to withdraw from the Congo fields of “blood-diamonds,” “blood-casserite (tin)” and “blood-coltan (cellphones)” that have turned their respective capitals into international trading centers for mineral riches not found in either country….as UN reports over many years have described.

Kagame’s abrupt “about face” in supporting Nkunda does nothing to reduce Rwanda’s long-established resource grab-inspired military dominance of the eastern Congo, but does show that Kagame is being forced to change his tactics, to disguise Rwanda’s actual role in the creating and supporting violence wracking the African Great Lakes region. The most recent invasion to arrest Nkunda is a clever diversionary tactic. But, the UN report and Nkunda’s “bad press” are not Mr. Kagame’s only problems of late.

Kagame’s Problems Deepen as Proof of His Own Crimes Grows

Following the December 2008 UN report, the Netherlands and Sweden cut-off all foreign aid to Rwanda , and others are considering doing so too. Other EU countries are taking their own actions as the true nature of the Kagame regime is being revealed. In early 2008, Spain indicted 40-leading members of Kagame’s government which followed a late 2006 French indictment charging Kagame and his followers with assassinating former Rwandan and Burundian presidents, the crime that triggered 1994 civilian-on-civilian killings in Rwanda.

The Spanish indictment details genocidal-style killings of more than 300,000 civilians by Kagame’s troops during, and after, the 1994 war. Before this indictment, the defendants in the dock at the ICTR had been blamed for all the mass-killings in Rwanda . But, because only the losing-side in the Rwanda war are in the dock, it is clear that the story of the “Rwanda-genocide” will have to be re-examined.

Particularly after it was revealed last year that U.S. Ambassador Pierre Prosper ordered ICTR prosecutor Carla Del Ponte to be removed from office, when she insisted on prosecuting Kagame for the assasination of the former president, the crime that touched-off the “Rwanda genocide” because U.S. policy was to protect Kagame, despite the evidence of his guilt.

In November 2008, Germany also arrested one of Kagame’s retinue under INTERPOL warrants based on the Spanish and French indictment. But, perhaps the least noticed, but potentially most important exposure of the manipulation of the ” Rwanda genocide” story to “cover-up” the crimes of Kagame’s military and government occurred at the UN Tribunal for Rwanda in December 2008.

The UN Rwanda Tribunal December 2008:

“No Genocide Conspiracy or Planning”

On December 18, 2008, a three-judge panel in the Military-1 case at the UN tribunal acquitted the top four military officers of the former Rwandan government of charges of “conspiracy to commit genocide” and “genocide planning”…which completely rejects the whole “Rwanda-story” that has been told by the Kagame regime July 1994, as a way of explaining the massacres that occurred during the 100-assault to seize power that began with Kagame’s assassination of the presidents of Rwanda and Burundi on April 6, 1994.

Not only were the four officers acquitted of conspiracy and planning genocide, including “architect of the genocide” Col. Theoneste Bagosora, the highest ranking officer, General Gratien Kabiligi, was acquitted of all charges and was released from more than 10-years of custody. The three-judge panel in the Military-1 case was the first to in the history of the Tribunal to have been presented with long-suppressed UN and US government files that make clear that Kagame and his RPF were the aggressors and Kagame’s military-strategy actually prevented both sides from using troops to stop the massacres the assassination of the two presidents touched off.[2]

The recently revealed documents, and testimony at the UN Tribunal ,confirm that massive civilian-on-civilian violence was predicted to erupt in Rwanda as a consequence of war, because of similar massacres that occurred in neighboring Burundi in late 1993, when the first popularly-elected Burundian president was assassinated by Kagame’s Burundi-military allies. In fact, in late 1993 the US ambassador to Rwanda personally warned Kagame that he would be responsible for the same kind of massive violence, if he resumed the war.

Now evidence ICTR evidence shows that Kagame not only resumed the war, but assassinated two presidents as the opening shot, triggering the same massive killings that had already happened in Burundi six months before.

Previously suppressed UN documents also show that two-weeks after he assassinated Rwandan President Habyarimana…along with a second Burundian president, Kagame told UN General Dallaire that he would not use his troops to stop the massacres because he was winning the war, and the civilian deaths were only “collateral damage for his their war-plan. The April 22, 1994 memo reporting this conversation is in the ICTR evidence.

Kagame also repeatedly refused a ceasefire, proposed by the former military to use troops to stop the massacres touched-off by Habyarimana’s assassination. Documents from the former government repeatedly asking for a ceasefire, and Kagame’s rejections, are also in the ICTR record that the 3-judge panel had before it.

The Unraveling of U.S./UK-Assisted “Cover-up” of Kagame’s Crimes

But, the formerly suppressed documents also reveal that U.S. Secretary of State Warren Christopher knew of Kagame’s mass-crimes no later than Sept 17, 1994. Other documents confirm a U.S.-engineered “cover-up” of Kagame’s crimes has been going on since that time. UN documents confirm that the UN knew about mass civilian-killings by Kagame’s forces by May 17, 1994, at the latest.

The documents also establish that the UN prosecutor and former Canadian Supreme Court Justice, Louise Arbour, knew that Kagame had assassinated the former President in 1997, but refused to act despite the recommendation a former FBI agent; an Australian Queen’s Prosecutor; and UN Gen. Dallaire’s own Chief of Military Intelligence. First she refused to prosecute, then shut down the investigation team completely. All of this was merely prelude to Bush administration Ambassador Pierre Prosper removing Ms. Del Ponte from office in 2003, because of his usefulness to the U.S.

Now we know that, because Kagame’s Rwanda crimes were covered-up by the U.S. in 1994, and because he was not prosecuted at the ICTR for the assassination of the previous president in 1997 (when Bagosora and other Military-1 defendants were arrested) he has been free to rape the Congo of its riches and to massacre millions. The thousands of pages of UN and U.S. government documents in ICTR evidence, and subsequent events in the Congo will require re-writing the entire story of the “ Rwanda genocide.”

IF Kagame was the “good-guy” in Rwanda (despite the ICTR evidence that the 100-days of hell that his assassination of Habyarimana triggered, and which he told Dallaire in April 1994 was all part of his war-plan), the 2001-08 UN-Security Council reports of Kagame’s crimes in the Congo show that he and his military must have done complete “about-face” of another kind, as soon as they took power in Rwanda in July 1994.

Kagame Has Found Nkunda Expendable – Will President Obama Continue U.S. It “Kagame Impunity” Policy?

Mr. Nkunda must now appreciate the well-known risks of relying on a patron for one’s own power…the patron may no-longer have need of the client’s services. Nkunda has merely found himself in a situation similar to Panama ’s U.S.-sponsored dictator Manuel Noriega, whose arrest was used to justify the invasion of Panama by the Bush-1 administration, when Noriega outlived his Cold War usefulness.

And, this is not even the first time that Rwanda has invaded the Congo remove a “no-longer-useful” leader. In 1996, Congo ’s president for 30-plus “Cold War” years, Mobutu Sese Seko, was removed in a joint Rwanda/Uganda U.S. and U.K.-supported invasion, and replaced by Ugandan-client Joseph Kabila, once Mobutu’s value as an anti-communist “bulwark” was outweighed by the public relations-downside of his well-known criminal rule.

At least Nkunda can be grateful that he didn’t meet the same fate as another leader who ran afoul of U.S. interests in the Congo in an earlier era. In 1961 Patrice Lumumba was assassinated, not arrested. Of course, if Nkunda begins to spill what he knows about Kagame’s crimes in Rwanda and the Congo ….”accidents” can happen.

The most recent Rwandan invasion to throw Nkunda “under the bus” in an effort to shore-up Kagame’s image is actually an admission of the deep trouble in which Kagame finds himself, and the deep embarrassment he is becoming to his U.S. and U.K. patrons, who have protected him for over a decade. The December 2008 UN report; the European indictments; and, the formerly suppressed documents in ICTR evidence, taken together, raise the real possibility that the Obama administration may find that Mr. Kagame has also outlived his usefulness. When that day arrives, Paul Kagame’s name will be added to the long list of former U.S. clients who outlived their usefulness and paid the price, like Noriega and Mobutu, but also, lest we forget….Saddam Hussein.

THE ONLY MORAL U.S.-AFRICA POLICY: END SUPPORT FOR KAGAME

Cutting off all western aid to Rwanda, like the Dutch and the Swedes; arresting Kagame and his henchmen under existing INTERPOL warrants, like the Germans; and prosecuting Kagame at the UN Rwanda Tribunal, or the International Criminal Court, will save far more African lives than any “foreign-aid for Africa” program than President Obama or Secretary of State Clinton could possibly conceive. One difficulty, of course, is that the “cover-up” of Kagame’s 1994 crimes in Rwanda was initiated under her predecessor Warren Christopher….Bill Clinton ’s Secretary of State. Which, in turn, raises difficult questions about Clinton ’s foreign policy in central Africa , as well.

If Mr. Kagame ever does find himself in the dock, after having been “Saddamized” by his former patrons, it will be very interesting to learn what he will have to say about his own crimes in the Congo and in Rwanda…and his “special relationship” with several US administrations that has assisted the “cover-up” of those crimes.…which, may have something to do with why the “Kagame Impunity” policy as continued this long..

On January 24, Rwandan President Paul Kagame sent 4,000 troops into the Congo to arrest rebel “tutsi”-warlord, Laurent Nkunda, and wipe-out the remaining “hutu-genocidaires” lurking in the eastern Congo . As the New York Times reported in early December 2008, Nkunda is a former Rwandan Army officer and many of his troops also came from Rwanda , including child-soldiers recruited with Rwandan assistance.

The arrest was a surprise because Rwanda ’s military and Kagame, himself, had been supporting Nkunda’s “terror” in the eastern Congo for years. The Times later reported that Nkunda is not actually imprisoned in Rwanda , and that the real reason for the “arrest” may have been that he had become a political liability for Kagame. He simply knows too much about Rwandan crimes in the Congo and during the 1994 Rwandan “genocide” for Kagame to permit him to remain “on the loose.”

Prof. Peter Erlinder teaches at the Wm. Mitchell College of Law, St. Paul , MN

[1] Prof. of Law, Wm. Mitchell College of Law, St. Paul, MN; past-President, National Lawyers Guild, NY; President, ICTR-ADAD (Association des Avocats de la Defence), Arusha, TZ; Lead-counsel, ICTR-Military-1 Trial, Ntabakuze Defence. 651-290-6384/ peter.erlinder@wmitchell.edu

[2] In the interests of full disclosure: As Ntabakuze Lead Defence Counsel, these documents were unearthed and put into ICTR evidence for the first time by the author between 2005 and 2007.

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    Rizik // July 9, 2009 at 8:10 am | Reply

    MJPC blames the Congolese Government for Deteriorating Situation in East Congo

    “There is no excuse for missing to pay salaries to soldiers in lawless eastern Congo for six months”

    Following the deteriorating situation in east Congo, the MJPC called for the Congolese Government to pay the salaries of thousands of soldiers who have not been paid for over six months in east Congo and take swift action to enforce the International Criminal Court’s (ICC) warrant against Bosco Ntaganda and to held accountable perpetrators of sexual violence against women for their acts.

    “Faillng to hold accountable individuals who commit war crimes and crimes against humunity continues to be the leading cause of widespread and systematic sexual violence acts against girls and women in the easten Congo” said Makuba Sekombo, Community Affairs Director of
    the Mobilization for Justice and Peace in the DR Congo (MJPC). Mr. Sekombo again criticized the government of Congo for not only the continuing failure to protect women and young girls from sexual violence, but also for “encouraging conditions that create opportunities for sexual violence to occur”. “There is no excuse for missing to pay salaries to soldiers in lawless eastern Congo for six months” said Sekombo.

    The MJPC has also renewed its call for the Congolese government to take urgent needed action to end human rights abuses in east Congo, hold perpetrators accountable and ensure reparation for the victims of sexual violence. The MJPC has been urging the Congolese government to compensate the victims of sexual violence in order to also help combat impunity in eastern part of Congo where sexual violence against women and children has been widely used as weapon of war for more than decade.MJPC online petition calling for for help to put pressure on Congolese Government to compensate victims of sexual siolence in Eastern DRC can be signed at http://www.gopetition.com.au/online/26180.html

    MJPC is a nonprofit organization dedicated to working to add a voice in the promotion of justice and peace in the Democratic Republic of the Congo in particular in the East where thousands of innocent civilians, including children and women continue to be victims of massive human rights violations while the armed groups responsible for these crimes remain unpunished.

    For more information on MJPC and the activities, visit the web site http://www.mjpcongo.org. E-mail: info@mjpcongo.org or call Makuba Sekombo at 1 408 806 3644.

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    uganda // July 9, 2009 at 11:03 am | Reply

    OPEN SECRETS: Museveni’s untold role in RPF war

    Written by Ssemujju Ibrahim Nganda

    When Rwanda, last Saturday, described President Museveni as a brother who supported the October 1990 RPF invasion of Rwanda “to its conclusion,” nobody meant to embarrass the man who says that Rwandese officers in his NRA simply “escaped” from Uganda to invade their homeland.
    The Ugandan leader, who was declared a hero for his role in the war that brought President Paul Kagame’s RPF to power in 1994, has always maintained then that the Rwandese who served in his National Resistance Army (now UPDF), escaped without his knowledge.

    For 19 years since the RPF attacked Rwanda, that has remained the official position until last Saturday, July 4, 2009, when RPF decided to publically acknowledge Museveni’s role by awarding him The Rwanda National Liberation Medal (Uruti).
    So what role did the President of Uganda play?

    THE PLAN

    Three days before the October 1, 1990 invasion, Maj. Gen. Fred Rwigyema (RIP), the highest ranking Rwandese officer at the time – flew to various NRA units starting with Bombo Barracks aboard a military helicopter. In Bombo, he met and held closed-door talks with Rwandese officers there.
    Sources have told The Observer that on that day, Rwigyema told the Commandant of the Bombo Barracks, Maj. Kiiza Italikire, that he had a big task to accomplish.

    He was understood to mean that he had several military units to reach in a short time. So, from Bombo, Rwigyema was flown to Masindi and then to Arua—the two places known to have had large numbers of Rwandese soldiers.

    Senior Army officers have told us that when after three days it was reported that Rwigyema had deserted the NRA along with Rwandese soldiers to attack Kigali, they realised that his tour of different Army units was part of the final preparations for the war. That he flew in a military helicopter could point to the fact that the invasion was planned and executed at the highest level, Army sources say.
    The invasion was so secretly planned that apart from the few who were part of the planning, no non-Rwandese officers in the NRA got to know about it.

    In fact, many Ugandan officers and their juniors got to know about the invasion the following day when some of their colleagues were reported missing.
    The story of “missing soldiers” dominated conversation, especially when it involved people who were not known to be Rwandese until then. One such officer was Col. Adam Wasswa who all through the Luwero bush-war was known by colleagues to be a Muganda.
    It is not clear up to now how soldiers sneaked out of the barracks without the knowledge of the orderly sergeants whose duty is to walk around at night to ensure guards are on duty and not sleeping.

    Military sources say there is no way Rwandese soldiers would have escaped without the knowledge of either the guards or the orderly sergeants.
    “Besides, military encampments usually keep what they call observation posts immediately outside. The work of these observation posts is to detect any movement of a group of people towards or outside the barracks,” our source said.

    RECRUITMENT

    The Rwandese in the NRA needed no training.
    Recruits who were picked from all over the country were trained mainly in Sembabule District.
    The then Minister of State for Defence, Gen. David Tinyefuza, used the excitement caused by the controversial ranches restructuring programme in Sembabule to conceal the recruitment and training of RPF fighters.

    The ranches restructuring scheme involved taking way land from ranchers and allocating it to squatters or herdsmen.
    Sembabule, which was then part of Masaka District, was sealed off to create safe villages that were inaccessible by anybody, including then Masaka Special District Administrator, Joseph Mulwanyamuli Ssemwogerere. One needed special permission from top military officers to access these villages.

    People who once travelled with Ssemwogerere to these areas said he was only cleared to travel to Sembabule by President Museveni. They reported bumping into RPF camps preparing for the invasion. With the help of the Ugandan military, the RPF were commandeering cattle belonging to ranchers to a collection centre where they were slaughtered and smoked for the fighters to eat during the invasion.

    Military sources are now telling us that big guns were stationed in the southern part of the country, which helped the RPF to attack Rwanda. Some military trucks were also used to ferry fighters to the border.

    RWIGYEMA KILLED

    The RPF attack on Rwanda was as swift as the Iraq invasion of Kuwait on August 2 of the same year. Perhaps the invaders headed by Rwigyema had watched how Iraq’s tanks rolled into the helpless neighbouring Gulf state and wanted to replicate the same.
    Indeed the RPF walked over President Juvenal Habyarimana’s army and by the second day they were in the outskirts of the capital, Kigali, ready to take over.

    Senior UPDF officers tell us that this invasion was supported by some Ugandan soldiers, and Kigali was to fall on the second day, according to the plan.
    Ugandan soldiers who fought alongside the RPF say that Habyarima’s army was taken by surprise and fled in disarray.
    It appears the magnitude of the task had forced the RPF to unite, but after looking like a walk-over, sharp differences emerged within hours of the planned final assault on the capital city.

    The fall of Kigali would mean formation of a new government and swearing in of a new President. A power struggle is said to have erupted between the most educated officers; Maj. Dr. Peter Bayingana and Maj. Christopher Bunyenyezi on one side, and Rwigyema on the other. Bayingana, a medical doctor, was the most educated and reportedly wanted to be president. He never wanted to be led by Rwigyema, a man with modest education. In the confusion, Rwigyema was killed.

    It is further reported that even these two; Bayingana and Bunyenyezi, hadn’t agreed on who should be president, and sought to scheme against each other.
    Incensed by the Rwigyema killing, fighters loyal to him quickly organised themselves and raided both Bunyenyezi and Bayingana camps, and in the ensuing exchange the two senior officers were also killed.

    It was then total confusion as the invading force turned guns on each other. At this point, the RPF was in disarray and some of the fighters reportedly abandoned the war and sneaked back into Uganda.
    When Habyarima’s soldiers heard of this state of affairs in the rebel camp, those who were fleeing regained composure and returned to the front line. They even gathered enough courage and strength to repulse the RPF.

    With the death of Rwigyema, Bunyenyezi and Bayingana; Lt. Col. Steven Ndugute and Lt. Col. Adam Wasswa were the only surviving senior officers. Ndugute was a trained fighter whose military career started during President Idi Amin’s regime in Uganda. Before joining NRA, he had been part of the Uganda Freedom Movement of Andrew Kayiira with the likes of Brig. Kasirye Gwanga.

    ENTER SALEH

    Our sources say that after the death of the three senior leaders, the RPF lost grip on Kigali and began a hasty retreat towards Uganda.
    It is at this point that President Museveni sent in Gen. Salim Saleh to help re-organise the rebel force. Saleh’s immediate task was to stop the RPF from fleeing the war front. When he arrived, our sources say, he helped them dig some defences and advised them to apply some guerilla tactics similar to what the NRA had done in Luwero.

    It is further claimed that to re-enforce the panicking RPF, Saleh went along with some battle-hardened NRA fighters. These included; Lt. Col. Drago Nyanzi, Maj. Moses Kanabi, Lt. Col. Bruce Muwanga, and Maj. Rauben Ikondere.
    Museveni reportedly told the NRA High Command thereafter that the first invasion backfired because Rwigyema had not listened to him. It is understood that he had advised him against a hurried takeover of Kigali.

    KAGAME JOINS

    By the time of the invasion, Paul Kagame had been sent on a military course in the United States by the Uganda Government. The events that followed soon after the invasion forced him to return.
    Our sources say that the man, who would be Rwanda’s new leader, spent about three days in Uganda on his way to the battle front, receiving briefing from Saleh. But he didn’t need much coaching because he was already an experienced fighter, having joined the NRA bush war on day one.
    In fact, Kagame had served as deputy Director of Military Intelligence before going to study in the US.

    Kagame, with the help of Ugandan officers, quickly re-organised and propelled the RPF to power. His leadership was as challenging as that of Rwigyema. It saw the death of Habyarima in a plane crash which sparked off genocide in which an estimated 800,000 Tutsi and moderate Hutu were killed in 1994.

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    Alphonse F. Furuma // August 18, 2009 at 11:35 am | Reply

    Rwanda: Paul Kagame is implicated in war crimes and crimes against humanity

    The following is a non-exhaustive list of cases in which Paul Kagame and his collaborators are implicated in war crimes and crimes against humanity committed since 1991.

    1. Systematic execution of the Hutu who attempted to join the RPA Military Training Wings for example in Nakivale, Gishuro, Karama and Gabiro from 1990 up to 1994.

    2. Systematic massacres, laying of mines, looting of properties, demolition of homes and other building as well as destruction crops so as to displace the population and create an RPF/RPA controlled territory free of the Hutu. These crimes were carried out for example in the Districts of Muvumba, Ngarama, Bwisigye, Kiyombe, Mukarangye, Cyumba, Kibali, Kivuye, Cyungo, as well as in Kinigi, Butaro, Cyeru and Nyamugari from 1990 to 1992. Military operations were carried out against known civilian targets, in most cases peasants. Known Refugee Camps and densely populated villages and Towns were routinely shelled with 120 mm motors, 107 mm rocked launchers and 122 mm guns mounted on hill tops overlooking such locations. Examples of these incidents include the shelling of Rwibare Refugee Camp in Muvumba, Kisaro Refugee Camp in Buyoga as well as Byumba and Ruhengeri Towns in 1991 and 1992.

    3. When the Arusha Peace Talks for Rwanda started in 1992, Paul Kagame launched a deliberate policy to create a Tutsi Land through Hutu massacres, massive population displacement, property appropriation and land grabbing in the North East, East, South East and in Central Rwanda. This is the policy we saw at work in 1993, 1994 and 1995.

    4. Routine execution of Hutu prisoners of war between 1991 and 1994. The only exceptions being the ones kept alive for the purpose of show off to Journalists and for the exchange of prisoners of war with the Government side in the framework of the Arusha Peace Agreement.

    5. Assassination of Hutu elites including members of the RPF/RPA like Member of High Command Muvunanyambo who was killed in 1992 as well as many civilian cadres recruited in the entire demilitarized zone in Northern Rwanda between 1992 and 1994. Once again, the districts most affected include Muvumba, Ngarama, Bwisigye, Kiyombe, Mukarangye, Cyumba, Kibali, Kivuye, Cyungo, Kinigi, Butaro, Cyeru and Nyamugari.

    6. Periodic Revenge massacres against the Hutu population whenever the Regime in Kigali massacred the Tutsi. For example such revenge massacres were carried out in the RPA Offensive of February 1993 covering the entire North of the Country. The offensive was launched over night, by morning several districts had been taken over by the RPA and in the hours and days that followed the Hutu were hunted and short at on sight. In one location in the District of Ngarama, at least 134 people were massacred and buried in shallow graves.

    7. From 1992 up to 1994, politico-military cadres were infiltrated behind government lines to carry out terrorist activities especially in urban areas. From 28th December 1993 to 6th April 1994, this time using the RPA Unit in Kigali, more people were trained, arms distributed and an urban terrorist campaign launched against civilian targets in Kigali City. These terrorist groups, among others, targeted high profile politicians including the late President Juvenal Habyalimana, former Minister Gatabazi, Gapyisi and Martin Bucyana. For example President Habyalimana had been a target for assassination between January and April 1994 at a swearing ceremony of the Broad Based Transition Government scheduled to have taken place at the Parliamentary Buildings in Kigali.

    8. Counter genocide massacres covering the entire Country from boarder to boarder were launched immediately the genocide started. All RPA Units were under orders to kill any Hutu on sight and for several months, many soldiers did kill as many Hutu as they could.

    9. The massacre at Rwesero Seminary on 21 April 1994, which included seven priest who had taken refugee there.

    10. The massacres at Kabgayi on 5th June 1994, which included three Catholic Bishops and other Church leaders.

    11. The massacres by the RPA Kigali Battalion in the hours and days immediately following the launching of the genocide; for example the killing of Hutu families in locations north of Kigali City like Kimihurura and Remera.

    12. The killing of Hutu families evacuated from Kigali in April 1994 when a safe corridor had been created between Kigali and RPF/RPA Headquarters in Byumba Town.

    13. The massacres in the Province of Gitarama especially in the Districts of Masango, Mukingi, Mushubati and Tabwe. In the District of Masango alone, at least 500 peasants are estimated to have been massacred and buried in mass graves between July and August 1994.

    14. The massacres carried out in Butale Province where the largest number of people killed was at a locality known as Kucya-Semakamba.

    15. The massacres of internally displaced people in camps or in transit to their homes. The most widely known case is the Kibeho massacre at a UN protected Camp in which between 4,000-8,000 people lost their lives at the hands of an RPA Unit.

    16. The Directorate of Military Intelligence from 1990 up to 1994 operated Hutu detention, torture, assassination and burial centers in different locations of the country. One of the most notorious locations was at Kinyami District Headquarters where at least hundreds of civilian Hutus were arrested, detained, tortured, killed and buried between April and July 1994.Bodies were exhumed in 1997 by the military, the remains were burnt with diesel and acid and disposed of in the Akagera National Park. Member of Parliament Evalist Burakari was assassinated because he was a witness. The victims, who were mostly Hutu elites, were picked especially from the Districts of Kibali, Buyoga, Kinyami, Rutare, Muhura and Giti.

    17. Gabiro Barracks has since 1994 served as a Hutu killing ground. Every time there is a security crisis, the Hutu especially in urban areas and the Eastern parts of the Country, are rounded up, blindfolded, packed on lorries, transported to Gabiro Barracks and killed. The Barracks has specialized killers and tools including iron bars, acid, diesel and a caterpillar.

    18. Counter Insurgency massacres carried out in the North West from 1995 up to 2001. Tens of thousands and may be hundreds of thousands of people have lost their lives at the hands of RPA Mobile Forces. Specific examples include the massacres carried out in Kanama District on 12th September 1995 in which 110 Hutu peasants were massacred in revenge for one Tutsi Officer killed by Hutu rebels. Many more massacres took place in the same locality especially between October and November 1997.

    19. The massacre of a large number of people hiding in caves in the Ruhengeri-Gisenyi region during the counter insurgency operations of 1998. RPA Units sealed off the caves and massacred the refugees with explosives. Examples include the massacres in the caves of Bugoyi.

    20. Massacres in containers. During routine security operations or counter insurgency operations, the Hutu are rounded up, their hands tied and the heads covered with air tight plastic materials. They are then loaded on to containers which are locked, driven to the Akagera National Park where they are parked under the direct sun and the victims left to die slowly due to congestion, heat, thirst and suffocation. Some of the supported of Former President Pasteur Bizimungu’s Party rounded up in various locations of Gisenyi Province following his arrest were massacred in this manner.

    21. The indirect massacres of genocidaires suspects in detention centers. Thousands of genocidaires suspects were deliberately allowed to die off slowly due to inhuman detention condition. In mid 1995, it was estimated that 13 % of over 100.000 detainees were dying due to terrible detention conditions. In Gitarama Prison alone, about 1.000 out of about 10.000 detainees died in the year 1995.

    22. The routine execution of genocidaires suspects in detention centers especially in 1997. RPA Units disguised as Hutu rebels attacked detention centers to kill detainees. Examples of such massacres include Bugarama Prison in Cyangugu on 14th April 1997, Muyira in Butare on the 14th of January 1997, Gisovu in Kibuye on the 23rd of January 1997, Runda in Gitarama on the 14th February 1997, Maraba in Butare on 7th May 1997, Gatonde in Ruhengeri in May 1997, Ndusu in Ruhengeri on 10th May 1997, and at Rubavu as well as at Kanama in the same year.

    23. Execution of thousands of members of the Ex-FAR since 1994, having surrendered or returned from exile and sometimes with their entire families.

    24. Assassination of foreign nationals suspected of monitoring RPA massacres. Examples include a Briton and a Cambodian, both of them UNHCHR Observers killed on 4th January 1997, Fr Vallmajo of Spain killed at Nyinawimana in April 1994, Fr Claude Simard from Canada killed on 17th October 1994, 3 Spanish employees of MEDICOS del MUNDO on 18th January 1997, Fr Guy Pinard from Canada on 2nd February 1997, Fr Curick Vjechoslav of Croatia and Fr Duchamp from Canada in Kigali in 1998.

    25. The massacre of Hutu refugees in the DRC between 1996 and 1997 including; about 8,000 by early December 1996 as the refugee camps in the Kivu region were destroyed; 250 in a forest at Musenge next to the Rwanda border at about the same time; 22,500 by the time some of the refugees reached Walikale, Masisi, Shabunda, the South Kivu Mountains and Kalemie in late December; 300 at Mboko and several hundred others at Moba at about the same time; 135, 000 from Walikale and Masisi in transit to Amisi and Tingi-Tingi in mid January; 24,500 in the Shabarabe-Kalima-Tshimanga-Shabunda area on their way to Kalemie in early February; 55,000 from Amisi and Tingi-Tingi to Ubundu by late February, 40,000 in the camps of Kisesa and Biaro near Kisangani between 21st and 26th April and 2,500 at Mbandaka and Wendji on 13th May 1997.

    26. The massive looting of movable property, systematic demolition of buildings and appropriation of Hutu properties between 1990 and 1995. Since 1992, the RPF/RPA had a fully fledged department responsible for looting all movable property for immediate use or for sell. These properties ranged from food, medical supplies, to Computers and vehicles. Homes, Shops, MAGERWA National Warehouse, Ministries, NGOs and the UN were all massively looted. Collections centers for the loot included RPF General Headquarters at Rubaya in Commune Cyumba, Mulindi Tea Factory, Byumba Town, Rwagitima Trading Center in District Gituza and Gabiro Barracks. In the case of buildings belonging to prominent Hutu, RPA Field Engineers were under instructions to demolition them. This was done in Kibungo Town, Remera in Kigali City and in Gitarama Town.

    27. Assassinations, disappearances and detention of high profile politicians and Army Officers. For example former Minister Seth Sendashonga and Colonel Lizinde Mugabushaka were assassinated in exile in Nairobi; Member of Parliament Evalist Burakari, Asiel Kabera, Major Alex Ruzindana, Gratien Munyarubuga were assassinated in Kigali; Colonel Agustin Cyiza and Member of Parliament Dr Leonidas Hitimana have been disappeared, while former President Pasteur Bizimungu, former Minister Charles Ntakirutinka, Colonel S. Biseruka and others have been detained for several years without a fair trial.

    28. Paul Kagame has pursued a long term agenda to occupy East DRC and encourage its secession by creating so called Congolese rebels with a view to realizing perpetual control of the region so as to prevent independent investigation of war crimes and crimes against humanity committed against the Hutu Refugees in 1996/1997, for economic exploitation and for containing Paul Kagame’s perceived Hutu military threats. This is precisely why Paul Kagame re-invaded the DRC in 1998 and indeed the very reason he has twice invaded that Country this year alone. This is the reason why Paul Kagame has just invaded the DRC again. We need to mention that complementary technical, political and economic measures aimed at informal integration of the economies of Rwanda and East DRC have been introduced since 1996.

    29. Paul Kagame and his collaborators have since 1994, been deeply involved in fueling the conflict in Burundi through direct incursions to fight alongside Tutsi soldiers and indirectly through the clandestine delivery of military supplies via Kanombe International Airport and by road to Bujumbura.

  • 1d562042fa550da9e9711af255bc08b8?s=48&d=

    khante // August 18, 2009 at 11:41 am | Reply

    Rwanda: Conspiracy to Commit Genocide, Important Missing Puzzle Piece

    The crime of “genocide” is defined in Articles II and III of the Convention on the Prevention and Punishment of the Crime of Genocide , which was adopted by “Resolution 260 (III) A” of the United Nations General Assembly on December 9th, 1948.

    Article II describes two elements of the crime of genocide:

    1) the mental element, meaning the “intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such”,

    and

    2) the physical element which includes five acts described as follow:

    (a) Killing members of the group;
    (b) Causing serious bodily or mental harm to members of the group;
    (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
    (d) Imposing measures intended to prevent births within the group;
    (e) Forcibly transferring children of the group to another group.

    Article III describes five punishable forms of the crime of genocide:

    (a) Genocide;
    (b) Conspiracy to commit genocide;
    (c) Direct and public incitement to commit genocide;
    (d) Attempt to commit genocide;
    (e) Complicity in genocide.

    The International Criminal Tribunal for Rwanda (ICTR) has a mandate to prosecute serious crimes committed in Rwanda from January 1st, 1994 to December 31st, 1994, including crimes of genocide, but also crimes of conspiracy to commit genocide.

    However, up to date, the collection of evidence to establish the later crime remains unsolved puzzle for the Prosecutor of the ICTR as shown by judgments in the Military-I trial on December 18, 2008: The Prosecutor versus Theoneste Bagosora et al., Case No. ICTR-98-41-T.

    With regard to the elements underpinning the allegation of planning and conspiracy, the ICTR concluded that “Accordingly, the Chamber is not satisfied that the Prosecution has proven beyond reasonable doubt that the four Accused conspired amongst themselves, or with others to commit genocide before it unfolded on 7 April 1994”. (Case No. ICTR-98-41-T, Para. 2114).

    Indeed, all four defendants (Col. Theoneste Bagsosora, Gen. Gratien Kabiligi, Col. Anatole Nsengiumva and Major Aloys Ntabakuze) were found “not guilty” of all counts charging conspiracy to commit genocide, based on the Chambers ruling that their actions prior to April 6, 1994 were based on war-time conditions, not planning to kill civilians or to carry out a genocide against Tutsi Rwandans.

    Please find here additional valuable documentations with regard to this topic.

    More details on how the ICTR reached this important conclusion can also be found in the following excerpts of Case No. ICTR-98-41-T, from p.504 to p.508.

    “2098. Turning now to the elements underpinning the allegation of planning and conspiracy, the Prosecution acknowledges that its case is principally circumstantial. 2321 There are only a few alleged meetings which could be characterised as planning genocide. The allegations instead refer, among other things, to statements made by the Accused, their affiliation with certain clandestine organisations, general warnings, of which some were circulated publicly, that the Interahamwe or groups with the military were plotting assassinations and mass killings, and their role in the preparation of lists as well as the arming and training of civilians. Most of the components of the planning have been extensively considered in other parts of the judgment (III.2). However, the Chamber finds it useful to briefly recapitulate the
    findings on the events, which the Prosecution has highlighted in its Closing Brief and oral submissions, and view them together in the legal context of an allegedconspiracy. 2322 The Chamber has nonetheless also taken into account the evidencerelated to the other events not specifically referred to by the Prosecution.

    (i) The Enemy Commission
    2099. The Prosecution submits that the ENI document, which defined the enemy in ethnic terms, was “a step towards a criminal conspiracy”. 2323 The Chamber has found that, from December 1991, Bagosora, Nsengiyumva, Ntabakuze and other high-ranking officers participated in a commission which produced the Definition of the Enemy document (III.2.2). The document was then circulated within the army in September 1992 and used by Ntabakuze during meetings with members of the Para Commando Battalion (III.2.4.1). The Chamber agrees that the over-emphasis on the Tutsi ethnicity in the document is troubling, but cannot conclude that the document or its circulation to soldiers in the Rwandan army in themselves evidenced a conspiracy to commit genocide. It can be viewed, however, as background to give context to the subsequent actions of Bagosora, Nsengiyumva and Ntabakuze.

    (ii) The “Apocalypse”
    2100. The Prosecution submits that Bagosora was intent by the end of 1992 on preparing the “apocalypse” based on an alleged statement to a member of the RPF delegation during a session of the Arusha Accords in 1992. 2324 The Chamber, however, did not find the evidence supporting this allegation credible (III.2.3), and it therefore has no probative value in establishing Bagosora’s role in a conspiracy.

    (iii) Meetings Before 6 April 1994
    2101. The Prosecution submits that Kabiligi participated in a meeting in February 1994 in Ruhengeri with local military commanders to inform them of a plan to commit genocide (III.2.4.4). 2325 Furthermore, it also points to evidence around the same time that Nsengiyumva and Bagosora met in Butare prefecture with other officials to draw up lists of Tutsis to kill (III.2.4.6) and also participated in a rally in Gisenyi prefecture, where they described the enemy as Tutsis (III.2.4.2). The Chamber however did not find the uncorroborated evidence supporting these allegations credible. Similarly, the Chamber was not convinced that Bagosora referred to the eliminaton of the Tutsis at the Senegalese dinner held on 4 April (III.2.4.5).

    (iv) The Preparation and Use of Lists 2102. The Prosecution argues that the involvement of the Accused in the preparation of lists which were subsequently used during the killings evidences prior planning (III.2.5). 2326 The Chamber found that Nsengiyumva given his role as head of the military intelligence bureau (G-2) on the army staff would have been involved in the preparation of lists and that Bagosora in light of his position was likely aware of them. It also concluded that Ntabakuze made use of lists to arrest people in October 1990. It was not proven that Kabiligi was involved in this effort. The Chamber was not satisfied, however, that these lists were prepared or maintained with the intent to kill Tutsi civilians.

    (v) The Creation, Arming and Training of Civilian Militias
    2103. The Prosecution also contends that the Accused role in arming and training civilians, who later participated in the killings, and in particular the notes contained in Bagosora’s agenda related to these efforts, shows planning (III.2.6). 2327 The Chamber has found that Bagosora, Nsengiyumva and Kabiligi participated in varying degrees in the arming and training of civilians. It was not proven that Ntabakuze was involved in this effort. The entries in Bagosora’s agenda, as well as his explanations for them, demonstrate that he was actively involved in the military’s development and implementation of a civil defence system. Nsengiyumva and Kabiligi would have played a role as operational commanders in sectors were training was ongoing. However, when viewed in the context of the immediate aftermath of the RPF’s violation of the cease fire agreement, it does not necessarily show an intention to use the forces to commit genocide.

    (vi) Jean-Pierre and the “Machiavellian Plan”
    2104. The Prosecution contends that the information provided to UNAMIR by its informant Jean-Pierre concerning the activities of the Interahamwe as well as the anonymous letter detailing a “Machiavellian Plan” by certain members of the army to engage in mass killings further illustrates the existence of a conspiracy to commit genocide. 2328 As discussed in section III.2.6.3, the Prosecution’s reliance on this evidence is problematic since there are lingering questions concerning the reliability of this evidence and because it does not directly implicate the Accused. This evidence therefore has limited probative value in establishing the Accused’s role in a conspiracy.

    (vii) Clandestine Organisations (Zero Network, AMASASU and Death Squads) and RTLM
    2105. The Prosecution argues that the Accused’s participation in clandestine organisations, such as the Zero Network (III.2.7), AMASASU (III.2.8) and death squads (III.2.9), reflects their concerted action in furtherance of a plan to commit genocide as well as the existence of a group of some officers operating outside of normal chains of command to commit illegal acts. 2329 In particular, it points to the AMASASU letters which threaten targeted assassinations and mass killings. In its
    Closing Brief, the Prosecution points to parallels in these letters and other writings of Bagosora and Nsengiyumva, in particular Nsengiyumva’s letter of 27 July 1992 to President Habyarimana, who was then also army chief of staff. 2330
    2106. With respect to the parallels between Bagosora and Nsengiyumva’s writings and the sentiments expressed in the AMASASU letters, the Chamber concluded that this evidence created an inference that Bagosora and Nsengiyumva were behind the AMASASU documents and possibly part of a group of Rwandan army officers who shared these views. 2331 However, the available information concerning the existence of Zero Network and the AMASASU as well as the Accused’s participation in them was limited and to a large extent second-hand. The Chamber was therefore unable to conclude beyond reasonable doubt that the Accused were me

    mbers of them.

    2107. Turning to the death squads, the Chamber noted the considerable evidence pointing to their existence and role in killings before April 1994. Several sources also indicated to varying degrees that Bagosora, Nsengiyumva and Ntabakuze were members. However, this information was all second-hand and its description of the Accused’s activities was limited.

    Therefore, the Chamber could not find beyond reasonable doubt that they were members of death squads. In addition, the mere fact that such groups existed and were engaged in criminal acts does not mean that it was preparing a genocide. The Prosecution has not clearly identified their membership or shown a proven connection between their activities and the Accused. Similarly, the Chamber was not satisfied that the Accused played a significant role in the creation or control of RTLM. Consequently, these elements carry limited weight in relation to the conspiracy.

    (viii) Concluding Observations
    2108. Having considered the elements mentioned by the Prosecution, discussed above, and elsewhere in the judgement, the Chamber cannot exclude that there were in fact plans prior to 6 April to commit genocide in Rwanda. As the Prosecution argues, there are certain indications in the evidence of a prior plan or conspiracy to perpetrate genocide as well as other politically motivated killings in Rwanda, which could have been triggered upon the resumption of hostilities between the government and the RPF or following some other significant event.

    2109. For example, a cycle of ethnic violence against Tutsi civilians has often followed attacks by the RPF or earlier groups associated with Tutsis, such as Union Nationale Rwandaise party. After an attack by Tutsi combatants in December 1963, there were reprisal killings. Following the October 1990 RPF invasion, there were mass arrests as well as localised killings at the time and in subsequent years in several northern communes and the Bugesera region. Allegations were made that elements of the government and security forces failed to timely intervene or participated in these events.2332

    2110. At the same time, there was also a campaign to secretly arm and train civilian militiamen and efforts to put in place a “civil defence” system made up of “resistance” groups (III.2.6.2). The Chamber found that Bagosora, Nsengiyumva and Kabiligi were involved in some of these efforts in varying degrees. In particular, the outlines of the core of the proposed civil defence system were recorded as notes in Bagosora’s agenda, during meetings at the Ministry of Defence in early 1993, after the RPF resumed hostilities and advanced towards Kigali.

    Furthermore, lists primarily aimed at identifying suspected accomplices of the RPF and opponents of the Habyarimana regime or MRND party were prepared and maintained by the army (III.2.5). However, in the context of the ongoing war with the RPF, this evidence does not invariably show that the purpose of arming and training these civilians or the preparation of lists was to kill Tutsi civilians.

    2111. After the death of President Habyarimana, these tools were clearly put to use to facilitate killings. When viewed against the backdrop of the targeted killings and massive slaughter perpetrated by civilian and military assailants between April and July 1994 as well as earlier cycles of violence, it is understandable why for many this evidence takes on new meaning and shows a prior conspiracy to commit genocide. Indeed, these preparations are completely consistent with a plan to commit genocide. However, they are also consistent with preparations for a political or military power struggle. The Chamber recalls that, when confronted with circumstantial evidence, it may only convict where it is the only reasonable inference. It cannot be excluded that the extended campaign of violence directed against Tutsis, as such, became an added or an altered component of these preparations. 2333

    2112. Furthermore, the Chamber observes that the evidence in this case only implicates the Accused in varying degrees in these efforts. It is possible that some military or civilian authorities did intend these preparations as part of a plan to commit genocide. However, the Prosecution has not shown that the only reasonable inference based on the credible evidence in this trial was that this intention was shared by the Accused.

    2113. Other or newly discovered information, subsequent trials or history may demonstrate a conspiracy involving the Accused prior to 6 April to commit genocide. This Chamber’s task, however, is narrowed by exacting standards of proof and procedure, the specific evidence on the record before it and its primary focus on the actions of the four Accused in this trial. In reaching its finding on conspiracy, the Chamber has considered the totality of the evidence, but a firm foundation cannot be constructed from fractured bricks.

    2114. Accordingly, the Chamber is not satisfied that the Prosecution has proven beyond reasonable doubt that the four Accused conspired amongst themselves, or with others to commit genocide before it unfolded on 7 April 1994.”.

    Notes:
    2321 Prosecution Closing Brief, para. 35 (“The inference to be drawn from the evidence is not that each of the accused sat in the same room at the same time and agreed to a plan, nor that such a plan consisted of a single course of equally-divided or unified conduct”).

    2322 The Prosecution refers to alleged meetings held in Butotori. See Prosecution Closing Brief, para. 42. The Chamber admitted allegations about meetings there against Bagosora and Ntabakuze, but excluded these allegations with respect to Nsengiyumva based on lack of notice. See Decision on Bagosora Motion for the Exclusion of Evidence Outside the Scope of the Indictment (TC), 11 May 2007, paras. 70-72; Decision on Ntabakuze Motion for Exclusion of Evidence (TC), 29 June 2006, paras. 57-59; Decision on Nsengiyumva Motion For the Exclusion of Evidence Outside the Scope of the Indictment (TC), 15 September 2006, paras. 43-45. As the Indictment’s are similarly worded, fairness requires that these allegations be excluded as to all Accused. In any event, the Chamber has raised concerns with the credibility of the underlying evidence in other parts of the judgement, and it would not have altered the conclusion on the conspiracy charge.

    2323 Prosecution Closing Brief, paras. 35-36, 39; T. 1 June 2007 p. 38.

    2324 Prosecution Closing Brief, para. 38.

    2325 Prosecution Closing Brief, paras. 40-41. The Prosecution does not refer to the February 1994 Butare meeting in its final submissions on conspiracy.

    2326 Prosecution Closing Brief, paras. 46-49.

    2327 Prosecution Closing Brief, paras. 44-45, 54.

    2328 Prosecution Closing Brief, paras. 52-53.

    2329 Prosecution Closing Brief, paras. 37, 50-51; T. 1 June 2007 pp. 38-39. The Prosecution does not refer to death squads in its final submissions on conspiracy.

    2330 Prosecution Exhibit 21 (Letter of 27 July 1992 from Nsengiyumva to the Rwandan Army Chief of Staff entitled “Mood of the Military and Civilians”). TheProsecution also referred to other letters written by Nsengiyumva which make reference to Ntabakuze, Kabiligi and Ferdinand Nahimana. See Prosecution Exhibit 18 (Letter of 15 December 1990); Prosecution Exhibit 25 (Letter of 24 February 1993).

    2331 The Prosecution noted that it could not directly attribute the document to any of the Accused, but it nonetheless showed that elements of the Rwandan army were
    involved in planning. See T. 1 June 2008 p. 39 (“Now, all of those elements, even though we don’t know the identity of the author, taken at face value, it indicates that within the Rwandan armed forces there’s a subset of individuals who have, for the — an unlawful purpose, organised or planned and intend to render their own form of justice by acting with the speed of lightning. The document itself can’t be directly attributed to the four Accused; they didn’t sign it, as far as we know. But it is a link in the chain of conspiracy that somebody is out there planning, somebody is moving in this direction. So, all that’s necessary later on is to create a link between that conspiracy and the contribution of the four Accused.”).

    2332 For example, Alison Des Forges and Filip Reyntjens point to incidents such as the mass arrests in October 1990, the 1992 Bugesera massacre, the killing of Bigogwe Tutsis as well as other attacks. See Prosecution Exhibit 2A (Expert Report of Alison Des Forges), pp. 15-16, 24-25; Prosecution Exhibit 302 (Expert Report of Filip
    Reyntjens).

    2333 See Nahimana et al. Appeal Judgement, paras. 906, 910 (“The Appeals Chamber finds that, even if this evidence is capable of demonstrating the existence of a conspiracy to commit genocide among the Appellants, on its own it is not sufficient to establish the existence of such a conspiracy beyond reasonable doubt. It would also have been reasonable to find, on the basis of this evidence, that the Appellants had collaborated and entered into an agreement with a view to promoting the ideology of “Hutu power” in the context of the political struggle between Hutu and Tutsi, or even to disseminate ethnic hatred against the Tutsi, without, however, going as far as their destruction in whole or in part. Consequently, a reasonable trier of facts could not conclude that the only reasonable inference was that the Appellants had conspired together to commit genocide … There is no doubt, in the Appeals Chamber’s view, that the aforementioned factual findings are compatible with the existence of “a joint agenda” aiming at committing genocide.

    However, it is not the only reasonable inference. A reasonable trier of fact could also find that these institutions had interacted to promote the ideology of “Hutu power” in the context of a political struggle between Hutu and Tutsi, or to disseminate ethnic hatred against the Tutsi without going as far as the destruction, in whole or in part, of that group.”).

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    uganda // August 25, 2009 at 8:17 pm | Reply

    SOME LIGHT ON RWANDA HUTU REFUGEES MASSACRE IN DRC

    When the war started in DRC on 1 October 1996, the world knew about what was going to happen.However due to the mighty of USA and UK the main Kagame’s dictoatorship sponsors, the world decided to watch again the Rwanda blood being shed again as if they were not satisfied and ashamed of what happened since 1990-1994. Kagame sent his troops to DRC in support of Mr. Laurent Desire Kabila with only threefolded mission:

    1)To revenge on the hutus and the so-called interahamwe who fled to DRC in 1994 after the downing of Habyalimana’s plane which killed two Hutu presidents Mr.Habyalimana Juvenal of Rwanda and his counterpart Mr.Ntaryamira Cyprien of Burundi together with the whole equipage.
    2)To make sure they kill all young promising Hutus so that there is assurance of ruling for some years without any internal and external threat.
    3)It was to establish and expand their long time desire of having a BAHIMA EMPIRE. This empire is supposed to extend from Ethiopia, Uganda, Eastern Tanzania, Rwanda, DRC, Burundi,and Angola.

    The only challenge to the Kagame’s dream was Hutus who were still at large in DRC. It was a good opportunity for Kagame’s administration to move into DRC. For the USA it was a good opportunity to have a manpower to help them get hold of Congolese minerals. Many American and UK’s business companies financed RPF soldiers in order to go to Zaire on the pretext of removing the Dictoator Mobutu Sseseko Kuku Wendo Wa Zabanga. It wa also a good opportunity for the Tripatite governments of Rwanda under Kagame,Burundi under Buyoya, and Uganda under Museveni to go and exploit Congo under the disguise of hunting the Hutu genocidaires.

    USA and UK put all the needed logistics and sent these Tutsi troops to Zaire. The puppet leader was Mr.Laurent Desire Kabira who had promised to allocate the part of Eastern Congo to his armee’s spokesman Mr. Bizimana Karahamuheto who is a tutis of Banyamurenge. The tutsi troops attacked DRC from the south killing the Hutu refugees who were in Nyangezi refugee camps. They continued to Bukabu through the following refugee caps of Hongo,NRA,Nyamirango, Panzi, and other camps in the South Kivu. The other joint troops of Uganda and RPF passed through the Eastern DRC attacking the Hutu refugee camps of Kibumba which was hosting around 2M refugees, Kayindo and Gtare hosting around 500,000 refugees and Mugunda and lac Vert which were hositing around 300,000 hutu refugees.

    As a young man of 14 years old I saw it with my own eye as I was living in Kibumba refugee camps across Rwanda boarder. The RPF invaded the Kibumba camp early in the morining at around 3am. They came killing and it is where my relatives lost their lives. What amazes me it is that until today there is no any so called Human Rights has ever come up and ask who killed these innocent civilians. None has ever asked Kagame and Kabila why these were killed. The UN was watching again people dying as it had helped in preparing for this invasion. The UNHCR, RED CROSS and other humanitarian organizations had increased their supplies in the recent days before the RPF invasion so that when RPF attacks the refugee camps they could get easy food supply and medical supply that were stored in the UNHCR stocks. But uptodate there is no body who has stood up and ask the UNHCR why it increased the Humanitarian aid in the month of Ocyober 1996 while they knew very well that fighting was going on to destroy the refugee camp[s in South Kivu. No body has ever questioned why the UNHCR had stopped giving food to hutu refugees in Goma camps and resumed when it heard that RPF had attacked refugee camps in Nyangezi Bukavu.

    THE DAY RPF ATTACKED HUTU REFUGEE CAMPS IN GOMA
    It was on 23 October 1996 when all the refugge camps of Goma were attacked by RPF. Many people lost their lives as the RPF was fighting to take the whole community back to Rwanda. The RPF blocked the road from Goma town to Kiwanja where the refugee camps of Kahindo and Gatare were. It was blocked at the place called Gicanga. Thousands of people died in these attacks as the world was watching. Those who call themselves human rights organizations did not say any thing or even condemn what was taking place. As described in the Book called FORCED MIGRATION & MORTALITY (2001) by Holly E. Reed and Charles B. Keely, Editors, National Research Council

    In an attempt to evacuate the camps and force the refugees back to Rwanda, AFDL and its allies attacked the camps of Kivu between October and November 1996. As a result, around 900,000 refugees went back to their country of origin, while the remaining (including the ex-FAR) refugees fled into Zaire in an attempt to escape the AFDL forces which were heading towards Kinshasa. For some of them, this second forced migration in their country of asylum would last until May 1997 and bring them into Congo-Brazzaville after a trip of 1,500 kilometers. During their trip, these refugees faced extremely harsh conditions of living and were continuously pursued and attacked by the AFDL forces. In a few places, like in Tingi Tingi camp or along the Ubundu-Kisangani axis, they were able to settle down for some weeks, and external aid was provided until the camps were attacked. But most of the time, the access to this population was almost non-existent and very little information on their situation was available.

    These refugees were raped,killed, and mitulated without any help as it is seen on this photo. We left the camp of Kibumba and took the path leading to the active volcano of Nyiragongo. Many peopel died from the dehydration, hunger, and exhaustion. After a week wandering in the forest of Nyiaragongo we arrived at Lac Vert near sack where other refugees who were from Goam whad been gathered. We remained there until a belgian soldier of the grade of major came calling people to go back to Rwanda. RPF soldiers had already taken up the Masis and Sake hills. they were shelling at us.many people died from the RPF bullets. ”

    Not a single body has been unearthed by United Nations investigators, whose work resumed this week after months of being stymied by Mr. Kabila’s government. But these investigators, human rights groups and journalists have been able to gather chilling accounts of mass killings that leave little doubt that Mr. Kabila’s forces committed atrocities as they marched across Congo, then called Zaire. What remains unknown is the full scale of the massacres and exactly who ordered the killings — in particular, whether they reflected a deliberate policy of extermination or were the acts of rogue commanders.

    In the morining of 27 October 1996, refugees mixed with Congolese soldiers and some former EX-FAR military decided to open up a corridor for the people to cross over to Masisi. When people managed to cross over Massi, some decided to continue others decided to remain in the Masisi forest. Those who continued they “Chemin de Croix” Inzira y’Umusalaba or in English The path of the Cross reffering to the sorrow of Jesus Christ on the eve of His death.

    Then these hutu refugees continued running from Masisi-Banyanga, Shabunda,Walikale, Igo, Amisi, then Tingi Tingi then they I arrived in Tingi Tingi two days before Christmas of 1996.Thousands of refugees had been killed by RPF which was ambushing them in that dense forest of Ituli. The refugees stayed in Tingi Tingi for two months. They were faced with a humanitarian crisis because they didnt have any assistance at all and the diseases of all types attacked them. Some researchers like Dominique Legros, Christophe Paquet, et al in Forced Migration and Mortality http://books.nap.edu/openbook.php?record_id=10086&page=52 describes it around 80 people used to die every day. No any local or international organization condemened Kagame and his troops. They just sat and leaned back in their sitting rooms and never heard that waning cry of suckling baby, especially Miss Sdakko Ogata, the former UNHCR boss who visited Tingi-Tingi, just simply because that cry was coming from a Hutu baby. In February, the RPF attacked Tingi-Tingi using all sorts of weaponery Machinegun, morters, riflles and they killed hungreds of people and forced hundred of thousands to divert and took the road of 2000Km from Tingi-Tingi to Goma. No body ever spoke about it, just simply because those who were dying were hutus. These refugees fled from Tingi-Tingi to Lubutu,Kisangani- Ubundu-Opala-Ikela-Bokungu-Boende-Mbandaka. By the time they arrived in Mbandaka, at least half of 350,000 refugees who left Tingi-Tingi had been either thrown into rivers, killed by gun,or eaten by animals. One of the clear examples is the 20,000 people forced to jump into Lubutu river and filled the water until the people who were behind used their bodies as a bridge. The survivors crossed over into Congo Brazzaville at a place called Bilolo. Then they were taken to Brazzaville into a small refugee camp which is at 25Km from the capital Brazzaville.

    DOES ANYONE KNOWS WHAT HAPPENED TO HUTU REFUGEES DEPORTED FROM GABON IN JULY 1997?

    The world once again watched as the brutal RPF in partenrship with UNHCR deported the innocent hutu refugees from Gabon who had gone their to save their lives from the RPF brutality. When the hutu refugees arrived in Congo brazaville, the fight between the Ninja of Professor Patrick Litsuba and the Cobra of Colenel Ngwesso started fighting over the control of the country. Around 50,000 refugees took their way to neighboring countrries in search of peace. One group went to Cameroon andother one went to Gaobon. This group went to Gabon took the route of Brazaville-Cameroon then they branched at the junction of Ngo. They took the route to Ngurukila, Djambala-Lekoni-Likoni in Gabon-Bongoville-Franceville.

    HUTU REFUGEES FORCIBLY REPATRIATED BY UNHCR GABON
    On their arrival in Franceville, the UNHCR dispatched of one its staff from Cameroon referring herself by one name as Louisa. She was accompanied by a Rwandan delegation Colonel Kayonga being one of them. She gave money to the Governor of Franceville and his commander of police who later coerced the Hutu refugee to go back home to Rwanda. Until today none knows the fate of those people who were repatrited by force by the UNHCR which was supposed to protect their plights. The world under Sadakko Ogata watched these innocent refugees being kidnapped and they never said any thing because they wanted to make Kagame happy. If anyone want the prove of the names of those who succumbed to death in miserable conditions at a place called KU KABINDI the former Caisse Sociale house,it is available on line on this blog.

    Anguish of Rwandan Hutu Refugees Echoed in a Baby’s Cry Top of Form

    By JAMES C. MCKINLEY JR.

    Exhausted from hours of labor in a hospital tent at the center of the sprawling refugee camp, Jacqueline Nyiranza held her first baby, a scrawny and wrinkled infant, close to her breast. The baby, born prematurely, was weak, and she held it as if it were the most fragile thing imaginable, as if it were the only hope she had to rebuild a life shattered by war and flight.

    “I was living alone and I didn’t have any help, so I got married,” whispered Mrs. Nyiranza, 23, a Hutu refugee from northwestern Rwanda, who said her parents and siblings were killed in the civil war there. “I chose to have the baby rather than go into family planning, because so many people were killed. My husband wanted to have it also to replace the family members who died.”

    Then she sighed, her forehead crumpling in worry: “But I can’t give birth again. I have no way to feed this one.”

    Outside the postnatal tent in the maternity hospital where Mrs. Nyiranza was resting, hundreds of new mothers cradled squirming infants in their arms. For hours, they waited on wooden benches to have a nurse from Goal, an Irish aid group, examine and vaccinate their children.

    In another tent here in the Kibumba refugee camp, five women were struggling through labor pains on army cots while two midwives prepared for them in makeshift delivery rooms. Nearby, the shortest line was outside a small tent where a nurse was demonstrating the use of condoms and giving injections of Depo-Provera, a birth control drug. Ten women showed up this morning to get injections. All had babies with them.

    Despite meager food rations and rugged living conditions in the camps, the refugees are giving birth to thousands of new babies a month. The five camps near Goma have a birth rate high even by African standards, with between 50 and 60 births for every 1,000 people last year, United Nations officials said. More than 2,800 infants are born every month. Most weeks the number of newborns outstrip the number of refugees deciding to go back to Rwanda.

    The birth explosion in the camps has been fueled by boredom, loneliness and the desire among young women to rebuild their families after the ravages of war, aid workers said, and it has not been curbed by warnings that AIDS is rampant among the refugees. In dozens of interviews, many new mothers voice the conviction that the 710,000 Hutu refugees living near Goma must replenish their numbers, which they say have been decimated by the civil war that began with an uprising by Tutsi rebels in 1990 and led to the Hutu-led massacre of an estimated 500,000 Tutsi and Hutu moderates in the summer of 1994.

    The refugees here crossed into Zaire in July 1994 after the Tutsi rebels routed the former Hutu Government and put an end to the massacres.

    But some refugees and relief workers say there are other less obvious reasons for the trend. One is a deep resistance among most men in the camps to using birth control devices. Another factor, they say, is the longstanding belief, common in Africa, that large families mean prosperity, even if there is not enough food to go around. And most women are afraid to go against their husband’s wishes, aid workers said.

    “When you ask them, the women always say they don’t want to be pregnant at the moment, because they do not have enough food,” said Anne Tolsma, the director of the Memisa Health Center in the Mubunga camp. “But they can’t refuse their husbands. And the men do not use condoms.”

    Other nurses who dispense birth control devices say they find themselves fighting the misperception in the camps that contraceptives render women sterile.

    “They all know that the methods exist but they simply do not want to use them,” said Jeannette Uuimfura, a nurse who was dispensing birth control information at the Goal maternity hospital in Kibumba. “Many worry that the contraception will keep them from having babies in the future.”

    Another spur for the rising birth rate is the unending tedium of living in a tent city. There is not much to do in the camps at night after curfew. Sexual promiscuity is common, while the number of women using birth control devices is low, according to nurses and doctors who work in maternity wards.

    United Nations officials have decided not to do a study to determine how many people in the camps are infected with H.I.V., the virus that causes AIDS, arguing that such information would not change measures to slow the disease. But doctors working with the refugees say it is one of the most common causes of death, rivaling malaria and dysentery.

    Surveys in Rwanda before the exodus had found one of the world’s highest rates of H.I.V. infection, with one in three women who gave birth in some urban hospitals carrying the virus. Based on research elsewhere, infected mothers have perhaps a one in four chance of giving birth to infants with the deadly virus. Health experts believe that H.I.V. must have continued spreading rapidly during the last two years of violence, flight and life in the refugee camps — a time when prostitution and casual sex have increased.

    In one section of the Mugunga Camp, which has a population of about 42,000, social workers were visiting up to 60 terminally ill people each day, according to Memisa, a Dutch aid group. At least 40 of them were dying from complications of H.I.V., Memisa nurses said.

    The United Nations is distributing condoms and has started education programs in the camps. Health workers put on morality plays about AIDS and give lectures. But the message is not reaching everyone and many refugees seem indifferent to the disease, which takes several years to incubate, aid workers say.

    “When we talk to them, they come up with ‘Yeah, but my husband doesn’t want to use condoms,’ ” Ms. Tolsma said. “They have so many other problems to think of, why should they think about something that kills you in 10 years?”

    Even before the war, Rwanda was a densely populated and predominately Roman Catholic country with the highest birth rate in Africa, 8.4 children per woman.

    Now, fewer Rwandan women are using birth control devices in the camps than were using them in Rwanda before the war, despite a public relations campaign started a year ago by the United Nations to boost the use of contraceptives. At the end of December, only about 4,300 of the 177,000 women of child-bearing age in the camps were taking advantage of the birth control methods available, United Nations officials said.

    Dr. Claire Bourgeois, the United Nations medical coordinator for the camps, said that as a matter of policy health workers were told to advise women to spread out their births, but not to actively discourage refugees from having children if they want. “The aim of the United Nations is not to limit the births,” she said.

    Victoire Mukamwezi, a 26-year-old refugee, was one of the few women seeking a contraceptive at the Kibumba clinic today. She said she was single when she came to the camp with her sister’s family in 1994, but her sister died of cholera, and in desperation, she married her sister’s husband. Five months ago, her first baby was born. She was initially ecstatic about the birth, but she has found it harder and harder to feed the family.

    Still, Ms. Mukamwezi said she was having trouble convincing her husband to let her use a birth control device. She had come to the hospital to get a contraceptive injection and was not sure if she would tell him.

    “It doesn’t matter if I have only one child, but what I can’t do is have another,” she said. “He has to understand. He knows how the situation is.”

    But many other mothers at the hospital said they were scared to try the birth control shots or opposed to them on religious grounds.

    Leocadie Nyiraturinabo, a 34-year-old mother of five, said she had no idea how she would feed her latest infant boy. The day before, she had given birth in her family’s tiny hut and was bringing the baby in for a check-up. She and her husband were having a hard time making ends meet as it was. To supplement the United Nations rations of grain, they had been working long days hoeing weeds on a nearby Zairian farm in return for a few potatoes or two cups of beans.

    “I trust in God only,” she said. “I am afraid to go to family planning because I heard from some women who went there that they had trouble with the drugs.”

    A few yards away, Demitria Nyirabahutu, 34, was sitting on an overturned gas canister behind the delivery tent. She had been in labor for four hours, and her face was covered with perspiration. This would be her sixth child, she said, but the only one born in the refugee camp.

    She said she had not planned to have the baby and had even tried birth control injections for the first year she lived in Kibumba. But once she became pregnant again, she was happy. She lost her other children when soldiers from the Rwandan Patriotic Army, a Tutsi rebel group, attacked the camp inside Rwanda where she and her husband were living in 1994. In the chaos of the attack, she became separated from her children and ran for her life, she said. She does not know if they are alive or dead.

    “I want to replace these children,” she said, gritting her teeth through another contraction. “It was a terrible situation. We were living in a displaced person’s camp. We were encircled by the fighters and they were shooting. I had no choice. I had to save my own life.”

    When she is asked if she misses her lost children, she averts her eyes and her face hardens, like a warrior’s, as if giving birth again were an act of defiance. “Crying has no meaning to me,” she said. “It is useless to cry.”

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    uganda // August 25, 2009 at 8:29 pm | Reply

    What happened to Hutu Refugees in the DRC in 1997?

    One has to keep in mind that by 1996 Laurent Kabila, who toppled Mobutu, a one-time rebel leader who was once visited in the mountainous forest of western Congo by the Argentinean-Cuban revolutionary Ernesto Che Guevara in the mid-1960s, was a refugee hawker in Tanzania when he was recruited to be a spokesman of the outfit of opportunist exile Congolese politicians Paul Kagame had set up as figureheads in his design of doing away with the Mobutu regime in neighboring Congo. In several interviews, the Rwandan President had publicly acknowledged the fact the operational planning of the “Congolese revolution” was carried out in Kigali. Mobutu was dying from prostrate cancer and had allowed armed gangs of defeated Hutu militiamen to run refugee camps at the border of Congo with Rwanda and thus gave ample justification for the retaliatory three-pronged response from Kagame: 1) dismantling of refugee camps; 2) destruction of the structure of the remnants of the Rwandan army and militias in those camps; and 3) toppling of Mobutu.

    Faced with a country destroyed by 32 years of graft that had squandered the military might built up for over two decades by American and European military cooperation during the Cold War, Kagame could have achieved these objectives without the participation of his Congolese “lackeys,” but he was aware that the rest of the international community wouldn’t take kindly to any such brazen takeover of another country. The new Rwandan regime was riding a huge international surf of sympathy and guilt after the rest of the world had just stood idly by as one of the most horrific genocides of modern times was taking place. And the new Rwandan authorities weren’t foolish enough to waste this sizable amount of capital of goodwill. So Kabila was deemed important in the scheme being hatched in Kigali and recruited accordingly.

    Also, the United States, as other nations-states for that matter, operates in its foreign policy with the only compass of its “interests.” At one point, it was in the interest of the U.S. to prop up the dictatorship of Mobutu in the Congo as a proxy in the African theater of the Cold War. With the fall of the former Soviet Union, and the emergence of new alliances America was actively creating in the African Great Lakes Region under the aegis of “African Renaissance,” the United States determined that it was in its national “interest” to dump Mobutu and the Congolese.

    There was, however, a fourth and far more nefarious objective in Kagame’s mind that one is at a loss to determine whether Kagame’s allies—Kabila and the U.S. that is—were privy to the revenge, indiscriminate, and incremental killings of unarmed Hutu refugees that amounted to a de facto counter-genocide with the minimal estimation of 300,000 dead in the first half of 1997. As James C. McKinley and Howard W. French of The New York Times had it on their November 14, 1997 report entitled “Hidden Horrors: Uncovering the Guilty Footprints Along Zaire’s Long Trail of Death”: “more and more evidence has emerged suggesting that Mr. Kabila and the Rwandans who backed him were also fighting a war of revenge, one deeply intertwined with the ethnic conflicts between Hutu and Tutsi groups that have tormented this region. The Tutsi troops from Rwanda and Congo who made up the core of Mr. Kabila’s army had a powerful motive for vengeance, since thousands of Hutu refugees in the camps had taken part in the slaughter of more than half a million Tutsi in Rwanda in 1994.”

    And no amount of forensics in the field would ever ascertain whether the U.S. had prior knowledge of this criminal scheme; though one can certainly assert that the U.S. served as accessory after the commission after these most horrendous crimes. As for Laurent Kabila, after his falling out with his one-time ally, he had this to say in a November 19, 1998 interview with the Belgian daily Le Soir: “Victims were in the thousands. Never did we expect these people to be so cruel, so bloody, it was revolting. Our fellow citizens were shocked as the [Rwandan] soldiers were asking for their help, to put bodies into bags, to throw them into mass graves. They had to promise not to reveal where they had buried them. We didn’t authorize these massacres, we weren’t even informed.” Well, one would object, that’s what you get when you undertake your “revolution” with foreign troops that had but contempt for you and your indigenous troops. Furthermore, as Laurent Kabila represented Congo in this grim alliance and the atrocities occurred on Congolese soil, with the damning eyewitness documentation of the participation of his own troops (albeit to a lesser extent), even after Koffi Annan was decrying the “slow extermination” of Hutu refugees, and even after the European Union Commissioner on Humanitarian Affairs had accused him on May 6, 1997 of transforming eastern Congo into a “slaughterhouse,” Kabila denied that any massacre was being carried out on his watch and ordered the refugees be removed from the Congo within 60 days—thus violating, as the Congolese rights group ASADHO denounced in June 1998, the 1949 Geneva Convention and the 1951 Refugee Convention and its 1967 Protocol.

    Modus Operandi of the Counter-genocide: “the best game were the women and children”

    At first, the destruction of the Hutu refugees, which started in early 1997, was carried out in small incremental killings, and then it gathered its own momentum, culminating in one single mass disappearance of more than 80,000 children, women, and men. But throughout, the modus operandi was a simple one: drive off aid workers; seal off refugee camps; fire in the air, thus driving off refugees into the jungle; then hunt them down there like game. Their fellow Rwandan pursuers had so much instilled the fear of God in these Hutu that they walked non-stop; and the fittest among crossed the whole expense of the Congo within two weeks, with some crossing the River Congo to Congo-Brazzaville and others reaching as far north as Gabon! (These two countries were also in violation of international conventions as they forcibly repatriated these refugees to Rwanda, from which some of these later escaped to find refuge in the mountainous forests of eastern Congo.) You had to power-walk or die, as stragglers were systematically “mopped up.”

    William Shawcross, in his book Deliver us from Evil: Peacekeepers, Warlords, and a World of Endless Conflict (New York: Simon & Schuster, 2001, pages 247-248) captures the methodology of the counter-genocide of Hutu in the Congo—from the in-the-spur-of-the-moment killing envy to well-planned mass murders, as well as the dubious role played by the U.S. and other governments with the notable exception of France. He writes:

    “In April [1997], Mike McCurry, the White House spokesman, declared that ‘Mobutuism is about to become a creature of history,’ thus nailing U.S. colors more publicly than ever before to [Laurent] Kabila’s alliance’s. Emboldened, Kabila and the Rwandan government both made personal attacks on [Kofi] Annan for his expressions of concern over the plight of the refugees.

    In April the UN Commission on Human Rights requested an investigation into the allegations of mass killings and other gross violations of human rights. This followed a report from the UN special rapporteur on Zaire,Roberto Garreton, that the alliance had ‘undoubtedly’ committed massacres. He named forty sites.

    The commission was set up, but Kabila made it clear he did not intend to cooperate with it. Mrs. [Sadako] Ogata, the high commissioner, wrote to Annan to say that representations ‘do not appear to have had any effect. The Alliance leadership continues to deny that such gross abuses are occurring… I realize that with the innocent victims there are those not deserving of international protection. But such considerations must not be allowed to excuse inaction, still less to indirectly sanctions summary killings.’

    The atrocities continued. Early one morning in late April about twenty Rwandans and or alliance troops entered Lwiro hospital north of Bukavu in Zaire. They seized about fifty children who were there for therapeutic feeding and flung them brutally into the back of a truck. They also took away about sixty adults, including members of the children’s families and caregivers.

    At Kasere at the end of April, 80,000 people were waiting for planes. None came. Every night 200 or so people died. The rebels deliberately drove the aid workers away for a week. When they were able to return the place was empty. ‘Nobody. All gone,’ said [Kilian] Kleinschmidt [of UNCHR]. ‘The once full cholera station abandoned. Stretchers, but nobody on them. Even the smell of death had gone, the smell we had worked with all those weeks. A feeling of being manipulated as part of a buildup to something evil.’

    The refugees had been killed or were now being hunted through the forests, ‘and the best game were the women and children who had no chance to defend their lives.’

    […]

    And so it went on all year long; one reason after another was found to block the team’s access to alleged massacres sites.

    “Month after month went by, and it became clearer that most governments just did not want to know what had really happened in the jungles of eastern Zaire in the first half of 1997. UNHCR might say that 230,000 Hutu were still unaccounted for, but the U.S had always disputed these numbers.”

    But the end of 1997, the situation of the UNHCR had become so untenable in the Congo that Kofi Annan decided to call it quit while, according to a report by Howard W. French of The New York Times, “At the United States Embassy in Kinshasa (…) diplomats were bending over backward to shift the blame for the investigators’ troubles to the United Nations. A senior diplomat in Kinshasa, for example, castigated the team for its rejection of the Government’s insistence that their inquiry be carried out only in the east.”

    Two sites of interest: Mbandaka (Equateur Province) and Tingi Tingi (near Kisangani, the capital of Oriental Province)

    The new forensic teams should pick up where the 1997 team left out: near and at the provincial capital of Mbandaka, which was at the time the freshest sites of mass killings (May 13, 1997) and where there is at least an identified Westerner as eyewitnesses: the Belgian plantation owner Antoine de Klerk, who was arrested at the time by Rwandan soldiers in a lame attempt to have him not talk to the UN forensic team, and who can’t be accused of “Hutu propaganda” by Kigali. In Wendji and Mbandaka, Rwandan troops sealed off the area for four days to carry out indiscriminately killings of at least 2,000 Hutu refugees in front of the local population with one instance of a small child’s skull smashed against a tree because one Congolese villager, who had found him playing dead under his dead parents, wanted to take him home.

    There are also Western identifiable eyewitnesses of the Tingi Tingi massacres. According to the same New York Times report by McKinley and French cited earlier : “On March 2, [1997], according to relief officials, Western diplomats and Hutu refugees, Rwandan-backed units of Mr. Kabila’s army launched a full-scale assault on the refugee camp at Tingi Tingi, sending the population, which had swollen to well over 150,000, fleeing westward yet again.”

    At those sites, eyewitnesses have reported that Rwandan troops had tried to dispose of the evidence, and in once instance, in Tingi Tingi, about 200 kilometers southeast of Kisangani, even attempted to cremate some of the bodies. But with the help of the local communities, investigators will still be able to find and access sites of mass graves, as the ones uncovered this year in eastern Congo—though there were countless victims that drowned or whose bodies were dumped into the Congo River.

    One hopes that this new UNHCR investigation will not only reestablish the historical records of one of the most systematic ethnic cleansings on African continent but also result in practical follow-ups at the International Criminal Court with indictments at the rulers of the ethno-fascist dictatorship in Rwanda (incidentally, the exact mirror of the previous regime in that country) and their proxies in the DRC for these crimes against humanity—as well as lay bare to its gruesome skeleton the morally cynical travesty of the punctual indignations the Rwandan government voice whenever rights organizations would voice their rightful concerns over these still unpunished atrocities. As one Western aid worker still active in the African Great Lakes region this past week told a reporter of the London daily The Guardian in an article dealing with this renewed UN probe in the Congo: “To this day I have a hard time stomaching the Rwandan genocide propaganda and those who hold up the current regime as a model for all of central Africa”

    THE NAMES OF RWANDAN REFUGEES DEPORTED BY UNHCR FROM GABON AND TORTURED BY RPF TO DEATH

    Majority of these refugees who were deported by force by the UNHCR agency could not see the next millenium because of the brutal torture they had to undergo in the hands of RPF. The UNHCR sent its staff to Franceville headed by a lady known by only one name of Louise of a camerron origin. Since she was presumably given some cash to sell the Rwandan Hutu Refugees, she went and sensibilized them saying I quote “Je ne peux pas vous repatrier au Rwanda car le Rwanda sous la leadership de Mr.Kagame est devenu un pay de l’holocauste” end of the quote. Meaning that she could not want to repatriate us back to Rwanda because Rwanda under Kagame’s leadership has become a country of holocaust. All hutu refugees in Franceville were very happy hoping the best from her hypocrasy. But she was playing the tactic to catch all Hutu Refugees in Gabon without any hint that she wanted to take them back for butchery in Kagame’s Abattoirs.

    The whole of July of 1997. The UNHCR hired a malian airplane which was taking Hutu Refugees from Franceville town of Gabon to Kigali International Airport. On their arrival, therse refugees could be taken to triage chambers where all young people could be taken to torture chambers at Gikondo Industrial area. This people underwent inhumane treatment. According to my fomer schoolmate who were among this Hutu refugees repatriated by force by UNHCR, he told me that they were degraded to the level that they were fed on the human waste because of hunger.He told as the tears were freely flowing on his both chicks, “Man,it is like apocalypse inside the Godowns of Gikondo.

    The RPF soldiers could come and start squeezing our male genital parts, to the ladies they could rape them and put red pepper in their private parts. It was a harrowing moment, only God,my mother and I could believe what I am telling you, otherwise”….then he stopped as he was interrupted by tears which were flowing like water slops from Mt Karisimbi. I continued carrying out some amateur research since I wanted to unveil what happened to these people who were given out as sacrifices by the people who were supposed to protect them,mainly UNHCR,the International Communiy,and the Gabon Governemnt, which used to claim to be friends of the late President Habyalimana. I came across a mother of one of the people who lost their lives in the Gikondo torture chambers. She was from Gisenyi Prefecture which is in the Northwest of Rwanda. This list contained around 50 names of different young men and women who died from torture of all nature. Some of these name are as follow:

    1. Iyaremwe Daniel (Gaseke-Gisenyi) died the 14.01.1998
    2. Uwimana Evariste (Kivumu-Kibuye) died the 03.02.1998
    3. Nzarora Theogene (Kibali-Byumba) died the 09.02.1998
    4. Sadiki Ntawumenya (Rubavu-Gisenyi) died the 14.02.1998
    5. Niyindora Laurent (Musebeya-Gikongoro) died the 18.02.1998
    6. Sindikubwabo Innocent (Maraba-Butare) died the 18.02.1998
    7. Bigilimana Bernard (Shyanda-Butare) died the 06.03.1998
    8. Singirankabo Oswald (Bulinga-Gitarama) died the 06.03.1998
    9. Rwaheru Felicien (Kiyombe-Byumba) died the 08.03.1998

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