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International Law

The document presents an indictment against several Hutu extremists accused of crimes related to the Rwandan genocide in 1994. It charges the extremists with genocide, crimes against humanity, war crimes, and political assassinations. Specifically, it discusses cases against five individuals - Pierre-Claver K., Jean Baptiste N., Joseph Mu., Venant R., and Jean-Claude I. - wanted by Rwandan authorities for their alleged roles in massacres and violence during the genocide.

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0% found this document useful (0 votes)
63 views9 pages

International Law

The document presents an indictment against several Hutu extremists accused of crimes related to the Rwandan genocide in 1994. It charges the extremists with genocide, crimes against humanity, war crimes, and political assassinations. Specifically, it discusses cases against five individuals - Pierre-Claver K., Jean Baptiste N., Joseph Mu., Venant R., and Jean-Claude I. - wanted by Rwandan authorities for their alleged roles in massacres and violence during the genocide.

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Adrià Carrick
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Indictment of HUTU

EXTREMISTS

Name: Adrián Carrillo


Module Leader: Marta Bartha-Rigo
Module: International Public Law
Due date: 24 April, 2023
Adrián Carrillo

INDEX
Crimes against humanity............................................................................................................3
War crimes.................................................................................................................................3
Political assassinations...............................................................................................................3
Case against Pierre-Claver K.:...................................................................................................4
Case against Jean Baptiste N......................................................................................................4
Case against Joseph Mu.............................................................................................................5
Case against Venant R...............................................................................................................5
Case against Jean-Claude I.........................................................................................................6
Case against Jean Baptiste M.....................................................................................6
Conclusion:................................................................................................................................7
References..................................................................................................................................7

I PUT YOU THE IN TEXT REFERENCES IN BOLD, SO YOU CAN FIND THEM
MORE EASILY.

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Adrián Carrillo

Indictment
Court: International Criminal Court, The Hague
The Accused: Hutu Extremists.

Your Honour and those present in the courtroom,

I would like to present the indictment against the Hutu Extremists. This group of people
were nationalists of Rwanda region (in the country of Rwanda) who believed they were
ethical superior than the Tutsi population (other group of Rwanda) and they wanted to
eliminate them from Rwanda no matter what.
The genocide started on 7th of April, 1994 until 15 th July, 1994. The sources say that a 70% of
the Tutsi population were killed; specifically 500.000-800.000 persons were executed.
The Hutu extremists were supported by the Rwandan government and military, as well as by
radio stations that broadcast hate speech and encouraged violence against Tutsis.
The Hutu extremists were slowly defeated by RPF (Rwandan Patriotic Front). That front,
leaded by Rwandan President Paul Kagame, made a military offensive in July of 1994 that
end the genocide.
Prosecution services, January [2021], The analysis could indeed be extended to other
African countries, such as Zambia, Kenya, Cameroon or South Africa, or even to European
countries such as Belgium, where Rwandans were notoriously murdered for political
reasons.

The Accused (Hutu extremists) is charged according to the following:

During the Rwandan Genocide, the Hutu extremists perpetrated a number of atrocities,
including:

1. Genocide: The Hutu extremists organized and carried out a concerted effort to wipe
out the Tutsi population in Rwanda, killing an estimated 800,000.

2. Crimes against humanity: The Hutu extremists attacked the Tutsis frequently and
deliberately, killing, raping, torturing, and enslaving them with the intention of
seriously harming their physical and mental well-being.

3. War crimes: In violation of the rules of war, Hutu extremists attacked and killed Tutsi
civilians, including women, children, and the elderly, and destroyed their homes and
property.

4. Propaganda and hate speech were employed by Hutu extremists to encourage and
incite the genocide by calling for the eradication of the Tutsi people.

5. Hutu extremists targeted Tutsis and moderate Hutus who disagreed with them,
harassing, intimidating, and even killing them.

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Adrián Carrillo

War crimes are defined in an even more complex way than crimes against humanity, but it
can be stated quite simply that they include, in the event of armed conflict, crimes against
humanity as defined above, committed by a party to the conflict, to which must be added
the specific attacks that may be committed in time of war by a party to the conflict against
prisoners, the wounded, the sick, emergency services or persons and property that are not
taking part in the conflict.

In the specific case of Rwanda, the two parties to the conflict were the government of the
Republic of Rwanda and the Rwandan Armed Forces (FAR) on the one hand, and the
Rwandan Patriotic Front (RPF) and the Rwandan Patriotic Army (RPA) on the other.

Crimes against humanity


The Hutus were also victims of crimes against humanity committed by the RPF, particularly
in Kibeho on 22 April 1995, when the RPA dismantled the camp of nearly 100,000 displaced
persons who were there, massacring more than 8,000 refugees with machine guns and
heavy weapons as part of a general and systematic attack.

War crimes
Rwandans were also victims of war crimes when these attacks on civilian populations were
carried out as part of an armed conflict or when Hutu or Tutsi soldiers were, for example,
tortured or killed in this war without prisoners.

Political assassinations
It is crucial to draw the appropriate distinctions because the Tutsis and Hutus were also
victims of political killings and even common crimes in addition to these two genocides,
crimes against humanity, and war crimes.
Ferroggiaro, William, ed. (2001). On April 6, 1994, Rwandan President Juvenal
Habyarimana’s personal plane, a gift from French president Francois Mitterand, was shot
down as it returned to Rwanda, killing Habyarimana, Burundian president Cyprien
Ntarymira, and members of their entourages.
Félicien Gatabazi, Emmanuel Gapyisi, among others) or after 6 April 1994 (Ministers
Landouald Ndasingwa, Frédéric Nzamurambaho, Boniface Ngulinzira, and Agathe
Uwilingiyimana, President of the Supreme Court Joseph Kavaruganda, or the bishops of
Gitarama), all of these political leaders were assassinated.
However, others were either carried out by the presidential guard of President Juvénal
Habyarimana following his death on April 7, 1994, or by the RPA prior to, during, and after
its formation.

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Adrián Carrillo

I would also like to focus on personal characters of th¡at war, such as:

Case against Pierre-Claver K.:


The Dutch police's International Crimes Team detained Pierre-Claver K. on May 11, 2022, on
a Wednesday. He was wanted by Rwandan authorities on accusations of taking part in the
1994 massacre there. The former gendarmerie officer in Rwanda allegedly had a significant
hand in the atrocities that took place in the city of Mugina and in Kigali, the country's
capital. In April 1994, thousands of Tutsi civilians fled the army and civil militia violence and
took refuge in the neighbouring parish of Mugina. The army, police, and militias were given
free reign when the mayor of Mugina, who had attempted to safeguard the Tutsi refugees
living in his municipality, was assassinated by militiamen. There were several massacres
between 21 and and the Mugina parish massacre, which is reported to have claimed the
lives of 30,000 citizens on April 26, 1994. The Rwandan government claims that Pierre-
Claver K. played a significant role in the planning and execution of the atrocities in Mugina,
notably by arming the militias that murdered Tutsi refugees. According to reports, K. and his
associates took some 80 Tutsi civilians who had managed to flee the parish atrocities to a
residence where they were later burned on fire. According to reports, K. provided the fuel.
This is supported by eyewitness testimony. Furthermore, according to Rwandan officials, K.
presided over a conference that called for Tutsi civilians to be attacked and killed before the
atrocities. He is also reported to have played a part in the assassination of the mayor of
Mugina.

Case against Jean Baptiste N.

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Adrián Carrillo

Former director of the ISAE, a government organization for livestock and agriculture in the
Rwandan town of Busogo, Jean Baptiste N. has being sought for by the Rwandan
government. N., who is alleged to have belonged to both the 'Coalition pour la Défense de la
République' (CDR) and the 'Mouvement républicain national pour la démocratie et le
développement' (MRND), is suspected of having participated criminally in the 1994
genocide in Rwanda. He organized, facilitated, and gave firearms to interahamwe militants
in numerous regions, according to Rwandan officials. The Dutch police's International
Crimes Team detained Jean Baptiste N. on July 29, 2021.

The Hague District Court determined on November 12, 2021, that there are no grounds for
rejection.

Case against Joseph Mu.


The Dutch police detained Joseph Mu. on October 26, 2020. His extradition had been
requested by the Rwandan government due to his alleged role in the 1994 massacre.
According to the Rwandan authorities, Joseph Mu. worked at a bank and ran a drugstore in
Kigali during the genocide. He was supposedly an active participant in the MDR-party's so-
called "Power wing," which played a key role in the massacres. The Rwandan government
accuses Mu. of attending a conference in April 1994 where plans were made to massacre
Tutsi civilians. According to reports, he compiled a list of Tutsi civilians who needed to be
executed by the militia. Mu. is suspected of taking part in additional attacks on Tutsi
civilians.
The Hague District Court ruled on April 30, 2021, that Joseph Mu should be extradited to
Rwanda without cause. Mu. has challenged the judgment of the court.

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Adrián Carrillo

Case against Venant R.


The Rwandan government has asked for Venant R.'s extradition. He may have participated
in the genocide in Rwanda in 1994. R. was then the regional director of ISAR Rubona, an
agricultural research center outside of Butare, a city in southern Rwanda. More than a
thousand Tutsi men, women, and children fled to the ISAR Rubona terrain when the killing
and raping of Tutsis started in April 1994. The Rwandan government believes that R.
directed its soldiers and militias to ISAR Rubona, who killed the Tutsi refugees. R. was
detained by the Dutch National Police's International Crime Unit in March 2019.

On May 23, 2019, the Hague District Court ruled that there was no reason to deny Venant
R.'s extradition to Rwanda. R. challenged the judgment of the court. The Supreme Court
dismissed the case on January 28, 2020. The Minister of Justice and Security approved R's
extradition to Rwanda by decree dated April 28, 2020. R. contested this ruling, but on
December 23, 2020, The Hague District Court ruled that R. might in fact be extradited to
Rwanda. On May 4, 2021, the Hague Court of Appeal upheld this judgment.

R. was extradited to Rwanda on July 26, 2021.

Case against Jean-Claude I.


In October 2013, the Rwandan government asked for Jean-Claude I.'s extradition. He may
have attempted and committed genocide. In my capacity as the head of an Interahamwe
militia during the 1994 Rwandan Genocide, I. reportedly participated in assaults against
Tutsis.
The extradition request is supported by data from both Rwanda and the International
Criminal Tribunal for Rwanda (ICTR). In July 2013, the Netherlands Police detained Jean-
Claude I., and he has since been held in precautionary detention.

On December 20, 2013, the Hague Court of First Instance ruled that there was no
justification for delaying Jean-Claude I.'s extradition to Rwanda.

I. argued that his political beliefs and activities are the reason for his prosecution for
Genocide in Rwanda. The Court decided that there are no grounds for finding that
statement plausible.

On 12 November 2016 I. was extradited to Rwanda.

Case against Jean Baptiste M.

The Rwandan authorities requested the extradition of Jean Baptiste M. M. is accused


of genocide, crimes against humanity and war crimes. As leader of an extremist
political party, he is accused of being involved in producing ‘kill-lists’, providing

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Adrián Carrillo

weapons and being involved in the attacks on Tutsi’s around Kigali in 1994. M. was
arrested in January 2014.

The Hague Court of First Instance ruled on July 11, 2014, that there is no justification for
delaying M.'s extradition to Rwanda. The verdict was upheld by the Dutch Supreme Court on
December 16, 2014. The extradition of M. to Rwanda was subsequently approved by the
Minister of Security and Justice. M. challenged this judgment. The Hague Municipal Court
ruled on November 27, 2015, that extradition to Rwanda would violate the ECHR's article 6
(right to a fair trial).

The projected caliber of defense counsel in Rwanda was one of the key factors the court
used to deny extradition. The Hague Court of Appeal determined in last instance on 5 July
2016 that M. may be extradited to Rwanda despite the Dutch government's appeal of this
ruling. The court concluded in its ruling that there are insufficient reasons to draw the
inference that Rwandan citizens convicted of war crimes will not have access to competent
legal representation.

M. was sent to Rwanda by extradition on November 12, 2016.

Conclusion:
The Hutu atrocities serve as a heartbreaking reminder of the terrible results of racial
conflict, misinformation, and the futility of foreign action. The genocide had a long-lasting
effect on Rwanda and the world at large, and it stands as a cautionary tale about the perils
of prejudice, intolerance, and murder. It is essential that we keep studying the lessons of the
Hutu atrocities and work toward a time when such atrocities never again take place.
Ruhumuza Mbonyumutwa , February 12, 2018. Also like to remind that there is no ban on a
Tutsi commemorating the genocide committed against the Hutus and demanding justice for
the Hutus, nor is there anything preventing a Hutu from expressing an interest in the
genocide committed against the Tutsis and condemning the perpetrators.

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Adrián Carrillo

NED PRICE, DEPARTMENT SPOKESPERSON, SEPTEMBER 29, 2022. Nearly three


decades after the genocide, the United States, through the War Crimes Rewards Program, continues
to seek information leading to the arrest of the four remaining suspects indicted by the IRMCT. We
commend the milestone of this trial and remain dedicated to pursuing justice for the victims.

To conclude this work, I would like to remind that there is some of fugitives, you can find the
list here: https://www.irmct.org/en/cases/searching-fugitives
There is a 5.000.000 USD reward if you find them.
Here is the list of the remaining disappeared:
https://www.irmct.org/sites/default/files/images/content/fugitives-poster.pdf.

As United nations, 2019, said, there is a CONCLUDED PROCEEDINGS FOR 82


ACCUSED, 4 CASES REFERRED TO NATIONAL JURISDICTIONS, 6 FUGITIVES
AND 1 INVOLVED IN AN ONGOING CASE.

References:
Academic sources:

1. Prosecution services, January [2021], What cases have been prosecuted?, Rwanda,
Available at: https://www.prosecutionservice.nl/topics/international-crimes/what-
cases-have-been-prosecuted/rwanda

2. Ruhumuza Mbonyumutwa , February 12, 2018, Rwanda crimes [online] , Rwanda:


What crimes were committed against the Hutus and Tutsis? , Available at:
https://www.jambonews.net/en/actualites/20180212-rwanda-what-crimes-were-
committed-against-the-hutus-and-tutsis/.

3. Ferroggiaro, William, ed. (2001). The US and the Genocide in Rwanda 1994 [online]
Evidence of Inaction. Available at:
https://nsarchive2.gwu.edu/NSAEBB/NSAEBB53/index.html

Sources of internation law:

1. NED PRICE, DEPARTMENT SPOKESPERSON, SEPTEMBER 29, 2022,


[online] The Trial of Félicien Kabuga for Genocide in Rwanda, Available at:
https://ru.usembassy.gov/the-trial-of-felicien-kabuga-for-genocide-in-rwanda/
2. United nations, 2019, International Residual Mechanism for Criminal Tribunal ,
online], Key figures of the Rwanda case: Available at:
https://unictr.irmct.org/en/cases/key-figures-cases

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