by Prof. Peter Erlinder
.
Global Research, January 24, 2009
JURIST - 2008-12-23
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JURIST Guest Columnist Peter Erlinder of William Mitchell College of Law and a Lead Defense Counsel at the International Criminal Tribunal for Rwanda (ICTR), says that if - as the ICTR recently ruled in the "Military I" trial - alleged "masterminds" Colonel Theoneste Bagosora and fellow top Rwandan military officers engaged in no conspiracy and no planning to kill ethnic civilians, the tragedy that engulfed Rwanda in 1994 may not properly be called a "genocide" at all... The media reports of the December 18 judgment of Chamber-1 at the International Criminal Tribunal for Rwanda focused primarily on the convictions of three of four former top military leaders, who were the supposed “masterminds” of the Rwandan genocide. But, as those who have followed the ICTR closely know, convictions of members of the former Rwandan government and military are scarcely newsworthy.
Ever since former ICTR Chief Prosecutor Carla Del Ponte and ICTR Chief Investigative Prosecutor Michael Hourigan went public in 2007-8 exposing US-UK manipulations to grant de facto impunity to current Rwandan President Paul Kagame and his henchmen, between 1997 and the present, convictions of the vanquished in the Rwanda war are a given.
The real news was that ALL of the top Rwandan military officers, including the supposedly infamous Colonel Bagosora, were found not guilty of conspiracy or planning to commit genocide. And Gen. Gratien Kabiligi, a senior member of the general staff was acquitted of all charges! The others were found guilty of specific acts committed by subordinates, in specific places, at specific times - not an overall conspiracy to kill civilians, much less Rwandan-Tutsi civilians. This raises the more profound question: If there was no conspiracy and no planning to kill ethnic (i.e., Tutsi) civilians, can the tragedy that engulfed Rwanda properly be called “a genocide” at all? Or, was it closer to a case of civilians being caught up in war-time violence, like the Eastern Front in WWII, rather than the planned behind-the-lines killings in Nazi death camps? The ICTR judgment found the former.
The Court specifically found that the actions of Rwandan military leaders, both before and after the April 6, 1994, assassination of former-Rwandan President Juvenal Habyarima ('sic'--he was the seated head of state at the time of his murder--nb), were consistent with war-time conditions and the massive chaos brought about by the four-year war of invasion from Uganda by Gen. Paul Kagame's RPF army, which seized power in July 1994. Although the Chamber did not specifically mention more recent events, it is worth noting that this is the same government that was named in a UN Security Council-commissioned report on December 12, 2008, as having invaded (with Uganda) the eastern Congo in 1996 and again in 1998 and having occupied an area 15-times the size of Rwanda since then.
Similar UN Security Council reports in 2001, 2002 and 2003, make clear that Rwanda and Uganda's economic rape of the eastern Congo, and the resulting 6 million-plus civilian deaths, have long been an “open secret". As Lead Defense Counsel for Major Aloys Ntabakuze, who was convicted of three specific crimes committed by troops without evidence they were acting under his authority, I would say the judgment was actually a victory.
Our defense was based on previously suppressed contemporaneous UN and declassified US documents that showed Kagame's RPF to be the war-time aggressor responsible for the assassination of the former (sic) President and for preventing military intervention to end the predicted civilian massacres. The ICTR oral judgment specifically refers to this “alternative” explanation of the tragic events in Rwanda as being a basis for rejecting the conspiracy and planning charges against the former military leaders. But the documents show more. As early as May 17, 1994, UNHCR was receiving reports of massive civilian killings by Kagame's RPF in the 1/3 of Rwanda they had occupied since April 22.
Other documents from August, September and October 1994, describe a conscious attempt by UN and US government officials to “cover-up” reports of RPF killings, including memos to Secretary of State Warren Christopher. Apparently, US policy to create “impunity” for Kagame began nearly as soon as he took power. Had the US “impunity policy” not been in place, Kagame might well have been prosecuted along with Military-1 defendants Bagosora and Nsengiumva, as ICTR Prosecutor Michael Hourigan recommended in early 1997.
Kagame's responsibility for the assassination of Habyarimana has been known to the ICTR Prosecutor since at least that time, if not early. Had the US “impunity policy” not been in place, Kagame might well have spent the last decade awaiting trial at the ICTR, rather than getting rich from the resources of the Congo, and the blood of millions of Africans. Peter Erlinder is a professor at William Mitchell College of Law, St. Paul, MN. He is a past-President of the National Lawyers Guild, a Lead Defense Counsel-UN International Criminal Tribunal for Rwanda, and the President of the ICTR-ADAD (Association des Avocats de la Defense). E-mail peter.erlinder@wmitchell.edu
Peter Erlinder is a frequent contributor to Global Research. Global Research Articles by Peter Erlinder
The dictator Kagame at UN
Dictators like Kagame who have changed their national constitutions to remain indefinitely on power should not be involved in UN high level and global activities including chairing UN meetings
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Thousands of Hutu murdered by Kagame inside Rwanda, e.g. Kibeho massacres
Kagame killed 200,000 Hutus from all regions of the country, the elderly and children who were left by their relatives, the disabled were burned alive. Other thousands of people were killed in several camps of displaced persons including Kibeho camp. All these war crimes remain unpunished.The British news reporters were accompanying Kagame’s fighters on day-by-day basis and witnessed these massacres, but they never reported on this.
25,000 Hutu bodies floated down River Akagera into Lake Victoria in Uganda.
The British irrational, extremist, partisan,biased, one-sided media and politicians have disregarded Kagame war crimes e.g. the Kibeho camp massacres, massacres of innocents Hutu refugees in DR. Congo. The British media have been supporting Kagame since he invaded Rwanda by organising the propaganda against the French over the Rwandan genocide, suppressing the truth about the genocide and promoting the impunity of Kagame and his cronies in the African Great Lakes Region. For the British, Rwanda does not need democracy, Rwanda is the African Israel; and Kagame and his guerilla fighters are heroes.The extremist British news reporters including Fergal Keane, Chris Simpson, Chris McGreal, Mark Doyle, etc. continue to hate the Hutus communities and to polarise the Rwandan society.
Kagame political ambitions triggered the genocide.
Kagame’s guerrilla war was aimed at accessing to power at any cost. He rejected all attempts and advice that could stop his military adventures including the cease-fire, political negotiations and cohabitation, and UN peacekeeping interventions. He ignored all warnings that could have helped him to manage the war without tragic consequences. Either you supported Kagame’ s wars and you are now his friend, or you were against his wars and you are his enemy. Therefore, Kagame as the Rwandan strong man now, you have to apologise to him for having been against his war and condemned his war crimes, or accept to be labelled as having been involved in the genocide. All key Kagame’s fighters who committed war crimes and crimes against humanity are the ones who hold key positions in Rwandan army and government for the last 15 years. They continue to be supported and advised by the British including Tony Blair, Andrew Mitchell MP, and the British army senior officials.
Aid that kills: The British Budget Support financed Museveni and Kagame’s wars in Rwanda and DRC.
Genocide propaganda and fabrications are used by the so-called British scholars, news reporters and investigative journalists to promote their CVs and to get income out of the genocide through the selling of their books, providing testimonies against the French, access to consultancy contracts from the UN and Kagame, and participation in conferences and lectures in Rwanda, UK and internationally about genocide. Genocide propaganda has become a lucrative business for Kagame and the British. Anyone who condemned or did not support Kagame’s war is now in jail in Rwanda under the gacaca courts system suuported by British tax payer's money, or his/she is on arrest warrant if he/she managed to flee the Kagame’s regime. Others have fled the country and are still fleeing now. Many others Rwandans are being persecuted in their own country. Kagame is waiting indefinitely for the apologies from other players who warn him or who wanted to help to ensure that political negotiations take place between Kagame and the former government he was fighting against. Britain continues to supply foreign aid to Kagame and his cronies with media reports highlighting economic successes of Rwanda. Such reports are flawed and are aimed at misleading the British public to justify the use of British taxpayers’ money. Kagame and his cronies continue to milk British taxpayers’ money under the British budget support. This started from 1986 through the British budget support to Uganda until now.
Dictator Kagame: No remorse for his unwise actions and ambitions that led to the Rwandan genocide.
No apologies yet to the Rwandan people. The assassination of President Juvenal Habyarimana by Kagame was the only gateway for Kagame to access power in Rwanda. The British media, politicians, and the so-called British scholars took the role of obstructing the search for the truth and justice; and of denying this assassination on behalf of General Kagame. General Paul Kagame has been obliging the whole world to apologise for his mistakes and war crimes. The UK’s way to apologise has been pumping massive aid into Rwanda's crony government and parliement; and supporting Kagame though media campaigns.
Fanatical, partisan, suspicious, childish and fawning relations between UK and Kagame
Kagame receives the British massive aid through the budget support, British excessive consultancy, sector wide programmes, the Tutsi-dominated parliament, British and Tutsi-owned NGOs; for political, economic and English language expansion to Rwanda. The British aid to Rwanda is not for all Rwandans. It is for Kagame himself and his Tutsi cronies.
Paul Kagame' actvities as former rebel
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