Pretty in Pink
INTERNATIONAL CRIMINAL COURT
IN THE MATTER OF PAUL KAGAME ET AL
COMPLAINT PURSUANT TO ARTICLE 15
OF THE STATUTE OF ROME
Whereas Article 15
(1) of the Statute of Rome states that “The Prosecutor may initiate
investigations proprio motu on the basis of information on crimes within the
jurisdiction of the Court.” And,
Whereas Article 53
of the Statute requires the Prosecutor to “initiate an investigation 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 des Femmes 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 the Preamble 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, Major 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, this 17th
Day of August, 2012
Christopher C.
Black
Barrister
Counsel to the
Complainants
The Hague,
The Netherlands
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