ICC: COMPLAINT AGAINST KAGAME ET AL PURSUANT TO ARTICLE 15 OF THE STATUTE OF ROME
INTERNATIONAL CRIMINAL COURT
IN THE MATTER OF PAUL KAGAME ET AL
COMPLAINT PURSUANT TO ARTICLE 15OF THE STATUTE OFROME
IN THE MATTER OF PAUL KAGAME ET AL
COMPLAINT PURSUANT TO ARTICLE 15OF THE STATUTE OF
Whereas
Article 15 (1) of the Statute of Rome states that “The Prosecutor may initiate
investigations proprio motu on the basis of information oncrimes within the
jurisdiction of the Court.” And,
Whereas
Article 53 of the Statute requires the Prosecutor to “initiate aninvestigation
unless he or she determines there is no reasonable basis to proceed…” and
Whereas
it is a matter of public record that the Security Council published on June 27,
2012 a Letter dated 26 June 2012 from the Chair of the Security Council
Committee established pursuant to the resolution 1533 (2004)concerning the Democratic
Republic of the Congo addressed to the President of the Security Council and
its associated Addendum (the Addendum) and,
Whereas
the said Addendum presents findings of the Group of Experts that provide a
reasonable basis to conclude that crimes within the jurisdiction of the
International Criminal Court have been and are being committed by Paul Kagame
and others under his command and control, and
Whereas
the Complainants, the United Forces For Democracy in Rwanda(FDU), the Rwanda
National Congress (RNC), le Reseau International desFemmes pour la Democratie
et la Paix (RIFDP), represent significant elements of the civil society in
Rwanda and L’Association Pour la Promotion de la Democratie et du Developpement
de la RDC (APRODEC)and Congonova, represent significant elements of the civil
society of the Democratic Republic of Congo (the DRC)
And
Remembering that the States Parties to the Statute stated in thePreamble to the
Statute that they are “Determined to put an end to impunity for the
perpetrators of these crimes and thus to contribute to the prevention of such
crimes”;
The
Complainants hereby draw the attention of the Prosecutor to the Addendum that
sets out the facts that the Rwandan authorities led by President Paul Kagame,
and including his minister of defence, General James Kaberebe, the Rwandan
Defence Forces Chief of Staff, General Charles Kayonga and the Rwandan Defence
Permanent Secretary, Brigadier General Jack Nziza have
1.
Provided direct military assistance to the M23 rebellion inside the DRC including
the use of children under the age of 18 as M23 combatants as described at
paragraph 19 of the Addendum which constitutes a war crime under Article
8(b)(xxvi) and 8(e)(vii) of the Statute,
2.
Forced former enemy combatants of the Democratic Forces For the Liberation of
Rwanda (FDLR) to serve with units sent by the Rwanda Defence Forces to
reinforce M23 which constitutes a war crime under Article 8(2)(a)(v) that
forbids compelling a prisoner of war or other
protected person to serve in the forces of a hostile power as described
in paragraphs 20 and 21 of the addendum,
and
note President Paul Kagame’s criminal responsibility, and that of the other
named officers under his authority, for these crimes under Article 28 of the
Statute regarding their superior responsibility. The Complainants further
recall the DRC Final Report (the Mapping Report) of June 2010 made to the
Secretary-General of the United Nations by Madame Navanethem Pillay, United
Nations Commissioner For Human Rights and that, among other crimes therein set
out it is stated at paragraphs 20-33 that the armed forces of Rwanda and of the
DRC committed genocide against the Hutu ethnic group in the DRC (Zaire). During
the entire period of time in which these crimes were committed Paul Kagame had
command responsibility over the Rwandan armed forces.
The
Complainants further recall the Report made by Robert Gersony to the UNHCR on
October 11, 1994 a written summary of which is attached, in which Mr. Gersony
stated that Rwanda Patriotic Army forces under the command of Major General
Paul Kagame committed systematic and sustained killings of Hutu civilians in
Rwanda between April and July 1994 and recall the report made by ICTR Lead
Investigator, Michael Hourigan to the UN Office of Internal Oversight (OIOS) of
August 1, 1997 (Hourigan Report), echoing the report he gave to ICTR prosecutor
Louise Arbour, that Paul Kagame was responsible for the shooting down of the
presidential plane carrying President Habyarimana of Rwanda and President
Ntaryamira, President of Burundi and others. While neither the Mapping Report
nor the Gersony Report nor the Hourigan Report provide evidence of crimes
within the jurisdiction of the ICC they do provide clear evidence of a continuing
and systematic pattern of criminal conduct on the part of Paul Kagame in the great
lakes region which goes to the strength of the case against him regarding the
crimes for which he is responsible within the jurisdiction of the ICC.
The
Complainants also note that the Gersony Report and Hourigan Report were, among
other evidence of crimes against humanity committed by Paul Kagame, in the
possession of the Prosecutor of the International Criminal Tribunal (ICTR) for
Rwanda and are public documents made exhibits in trials at the ICTR and yet the
various Prosecutors of the ICTR refused to prosecute Paul Kagame for his crimes
thereby providing him with complete immunity from prosecution and a resulting
sense of impunity and this impunity thereby encouraged him to commit further
crimes in the DRC without fear of punishment.
The
Complainants therefore request the Prosecutor of the International Criminal
Court to act on the information provided herein and to commence an
investigation as requested with a view to laying charges against Paul Kagame
and any other person or persons complicit in these crimes and to confirm to the
world that no one has impunity for crimes committed within the jurisdiction of
the ICC.
Submitted
at the The Hague
Christopher
C. Black Barrister Counsel to the Complainants
The
Netherlands
posted by Mamadou Kouyate @ 2:30 PM
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