The trial of Félicien Kabuga, the Rwandan genocide suspect, is set to commence in The Hague, Netherlands, after years of anticipation following a prolonged period under an ICTR (International Criminal Tribunal for Rwanda) arrest warrant.
Kabuga, often referred to as the ‘genocide financier,’ was born in 1935 in Muniga sector, Mukarange commune, Byumba prefecture, Rwanda. A prominent businessman, he was linked by marriage to the family of President Juvenal Habyarimana through their children. Kabuga served as the President of the Initiative Committee of Radio Télévision Libre des Mille Collines (RTLM) during the time the crimes cited in his indictment were committed. He also chaired the Provisional Committee of the National Defense Fund from April to July 1994.
Timeline of Arrest and Transfer
Kabuga’s arrest occurred on May 16, 2020, in Asnières-sur-Seine near Paris, following a joint investigation by French authorities and the Mechanism’s Office of the Prosecutor. Subsequently, on September 30, 2020, the French Cour de cassation dismissed his appeal against the transfer to the custody of the Mechanism.
On October 21, 2020, Judge Iain Bonomy amended Kabuga’s arrest warrant, ordering his transfer to The Hague branch of the Mechanism. This decision, supported by the Defense, Prosecutor, and Registrar, allowed for medical assessments to evaluate whether Kabuga could safely be transferred to Arusha. Kabuga was transferred to The Hague branch on October 26, 2020, and made his initial appearance on November 11, 2020, where he pleaded not guilty.
Health and Fitness Concerns
In a decision issued on June 13, 2022, the trial chamber ruled that Kabuga was fit to stand trial. The chamber noted, however, that Kabuga suffers from cognitive impairment, is in a fragile state, and requires intensive medical care. Medical experts uniformly warned that transferring Kabuga to Arusha could disrupt his familiar environment, adversely impacting the trial’s progression. Considering Kabuga’s age and health, the chamber decided his trial would commence at The Hague branch to ensure fair and expeditious proceedings.
Legal Challenges and Trial Arrangements
Kabuga filed a motion to appeal the June 13 decision on his fitness for trial, but on August 12, 2022, the Appeals Chamber dismissed the appeal entirely. Opening statements were scheduled for September 29 and 30, 2022, with the prosecution beginning evidence presentation on October 5, 2022. Due to Kabuga’s health, court sessions are anticipated to occur three days per week (Tuesday, Wednesday, and Thursday) for two hours daily, from 10:00 a.m. to 12:00 p.m. Hague time.
Charges Against Kabuga
Kabuga faces charges of genocide, direct and public incitement to commit genocide, conspiracy to commit genocide, and crimes against humanity, including persecution on political grounds, extermination, and murder, all committed during the genocide against the Tutsi in Rwanda in 1994.
