ICTR legacy in balance for failure to arrest Kabuga

The International Criminal Tribunal for Rwanda (ICTR) has expressed worries about the legacy of the UN court in case it closes down before the arrest of notorious businessman Felicien Kabuga. Roland Amoussouga, Senior Legal Advisor and Chief of External Relations of the ICTR said this Friday during celebrations to mark the World Press Freedom Day held at the Kigali Serena Hotel. In spite of the massive efforts by the ICTR and the international pressure, he remains at large…it would affect the legacy of the ICTR and create an impression of impunity, Amoussouga said. The time-barred tribunal was given up to December this year by the UN Security Council to wrap up all trials in while the appeals were given up to the end ofl 2010. Amoussouga stressed that Kabuga is hiding somewhere in East Africa. It has been widely said by the ICTR Office of the Prosecutor that Kabuga, who has been dubbed the chief financier of the 1994, is hiding in Kenya. The ICTR will continue to appeal to all UN member states to live up to their legal obligations to apprehend and transfer accused persons to the Tribunal, he said. Amoussouga had been invited to shed light on the Media Hate Trial whose appeal was concluded last year involving former directors of media outlets that played a significant role in inciting masses to participate in the Genocide. The case involved Hassan Ngeze, who was the editor in chief of Kangura newspaper, Ferdinand Nahimana, the director of Radio Television Libre des Milles Collines (RTLM) and Jean Boson Barayagwiza, a founder member of RTLM. The Appeals Chamber of the Tanzania-based tribunal commuted Ngeze’s life sentence to 35 years of imprisonment while Nahimana and Barayagwiza got 30 and 32 years respectively. This is an important step to keep in mind because the responsibility of media in the 1994 Genocide is the worst role of media ever, said Amoussouga. He added that this was the first judgment since the conviction of Julius Streicher at Nuremberg in which the role of the media in the Jewish Genocide was examined in the context of International Criminal Justice. This case raised important principles concerning the role of the media which have not been addressed. The power of the media to create and destroy fundamental human values comes with great responsibility. . The ICTR was established in 1995 by the UN Security Council with the responsibility of trying key architects of the Rwanda Genocide which left over a million Rwandans dead. Since its institution, the tribunal has handed down verdicts to 37 suspects five of which were acquittals. Prominent among the convicts is former Prime Minster Jean Kambanda who is serving a life sentence in a Malian prison. Rwanda remains the only country that expressed interest in taking on the duties of the ICTR after it closes down and recently, a landmark hearing was held and on behalf of the Government of Rwanda, Prosecutor General Martin Ngoga explained to the tribunal the reasons they want to take on the cases. The ICTR chief prosecutor has lined up five cases for a possible transfer to Rwanda. Four of them are in the Tribunal’s custody while the other is still at large.Ends

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ICTR legacy in balance for failure to arrest Kabuga