Rwanda Chief Justice Questions Credibility Of ICC
Chief Justice, Sam Rugege, has expressed distrust
in the international courts’ capability to try Africans, saying they are
limited by distance and understanding the context in which the crimes were
committed.
He made the remarks in an interview with The New
Times yesterday, at the sidelines of the 10th edition of the East African
Magistrates and Judges Association (EAMJA) conference in Kigali.
“Many Africans have said that they are unhappy
about the way the International Criminal Court (ICC) operates. Instead of
operating as an international court, many think it is biased towards the
continent and ignores crimes committed in other parts of the world,” Rugege
said.
He acknowledged that although ICC does assist countries
that have limited capacity and will to try particular individuals, it is not
right for war crimes being committed elsewhere to be ignored.
“Africa
appreciates the purpose of setting up ICC and many African countries were the
first signatories to join. However, when we are singled out, yet we witness
very many other international cases being ignored, our trust in the court
lessens.”
At the conference, participants pressed ICC to
indict suppliers of arms to rebel groups such as FDLR that terrorize the region
instead of focusing on the rebel leaders alone.
“Thomas Lubanga was tried and convicted for
committing war crimes in DRC, but nobody ever questioned where he got the arms.
Does he make grenades or AK47s? The western companies that support the war crimes
in Africa must equally be punished for the
atrocities,” a participant reiterated.
Rugege said in most instances, judges and
prosecutors hearing trials of crimes committed in Africa
are unaware of the context in which the crimes were committed, thus making
unfair judgments.
“There are cases like that of Callixte
Mbarushimana, who although was acquitted, the community where lived in Rwanda
cannot accept him as an innocent man because they know what he did. Instead of
being too philosophical and academic about cases, international court judges
should try to understand the victims who feel that justice has eluded them,” he
noted.
Mbarushimana was indicted by the ICC in for his
participation in the 1994 Genocide against the Tutsi and war crimes allegedly
committed in the Democratic
Republic of the Congo in 2009.
He was arrested in France in 2010 and extradited to
the ICC but was released on December 24, 2011 on the grounds that the court did
not have sufficient evidence to convict him.
Participants at the conference agreed that
strengthening the capacity of regional courts and expanding their jurisdiction
is their best option to develop trust and ability for African courts to try war
criminals.
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