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Indictments of head of states is not a solution for Africa
Last updated : 13 Jul 2008, Kampala
By Igabo Nziza

Dear Editor RK,

Thank you RK for keeping us informed about our region. I want also to thank you for publishing my views on "Fake machete". I did welcome views and comment raised by RK readers, however my position still holds. It is clear that the Rwanda genocide was well planned and executed by members of Habyarimanas regime. It is well documented and evidenced in the ICTR cases behind bars.

Whoever is running the Basima house machete story is supplying us with FAKE information. The Gashumba story is indeed a story planted which bares similarity with R Kintu 2005 accusations. I would like to refer to RK readers some true data in the case. Consider the investigation done in the purchase of machetes by Habyarimanas government as reported by Linda Malvern in her book Conspiracy to Murder - The Rwandan Genocide, and her BBC interview: . Linda claims:

"After combing through bank archives and government documents she found out that Habyarimana government in 1993 imported from China, three quarters of a million dollars worth of machetes. She further claims this was enough for one new machete for every third male."

I hope linda's story will shade light on Gashumba and Rasmus fake research on the role of RPF in the 1994 genocide.

Today, MR RK,my head was filled with anger on "indictment" process which is becoming a hot cake for international justice. Next week the sudan leader will be indicted by ICC which would bring more complication to the Darfur situation. The recent indictment of African leaders for the war crimes would bring more wave of conflicts and suffering to Africans if the subject is not well handled. We all know that most current governments in africa came to power through armed struggle or the power of a gun. Some of them have transformed thier communties by restoring peace and security that is enjoyed many of its citzens (Mozambique, Angola, Liberia, Rwanda, Ivory Cost, Seiralone, Uganda etc). We also know that there others coutries that are still caught up in conflict or violence (like Sudan, Somalia, Congo and recent Zimbabwe). With full evidence and informatiom on crimes committed, the idea is good, but what about cases where the process falls short of credit?

It is high time for Africans to have say on these indictments. Do we need them to solve our problems? Is an African Court capable of handling these cases? Do we have a regional brock to answers these querries? The subject of debate is the respect of state sovereignty which could be lost in such indictments.

Although there has been success in indictment from ICC like the former Liberian leader Charles Taylor, nobody knows the impact of these indictments to the community. Some people argue that such indictment would bring justice and heal the wounds of the victims. Yes, this is true but such people had respect from their followers. Another interesting case is the current indictments of Rwandan leaders by French and Spanish judges. One would wonder if this indictment is justifiable or falls short of legitimacy.

I want to side with those that say it is not legitimate. My first argument, for the last 14 years, where were those judges? Secondly, are the judges aware of the procedures that call for universal jurisdiction? For instance, do judges have enough evidence or have conducted site visits to support their evidence other than testimonies? And thirdly, did the judges consider element of state independence or sovereignty before hand? It appears that both judges have overshadowed the indictment process which can be defined as a violation of "legal procedure" under international law. These indictments of African leaders (or developing countries) may signify "judicial imperialism" that favours imperialistic judicial principles on weak nations.

Finally, I urge the African Union court of justice (if it exist) to intervene in the matter before more trouble breaks out. However, I would not hesitate to support the right procedures followed in indicting criminals of war crimes like the pass taken for Kony and Jajaweed rebels. I also call upon African governments to improve your judicial system. Let it be independent and creative. As Africans we learn to handle our justice system locally.

Thank you RK and Your views, opinion and criticism will help us build a better justice system for Africa.

Readers Comments:

 13 Jul 2008

1.

Dear RK,
Allow me to thank very much the article of Mr. Igabo Nziza on Basima House machete story. I wish to bing o the attention of Igabo that he should never give any attention to Gashumba who himselfis on the run for the killings in Byumba which he affimed. He uses oue site to misinform from un founded research just for the sake of spearheading hatred among the Rwandan community inside and outside.

As for the Spanish and the French judges, they would do better just by first addressing the many crimes committed by their own Nationals whom they may have jurisdiction ( those french who operated the zone tourqoise), supplied and trained the hutu militia (iterahamwe) to wipe the Tusti's, yet France was a ember of the Security Council.

Then they would show objectivity by going to the bitter history of Africa and indict those who benefitted from Slave trade by dehuminizing Africans, and then support the King of Bunyoro in having the British compensate for the murders and looting of Bunyoro during colonial days, just to give few examples. From there they can venture into other issues.

gashumba and his likes should better agitate for a United Africa to save the continent, cradle of manikind , from crumbling under imperial interests.

Gedeion,
Kyangwali.

 

2.

Dear RK and Readers,
Mr. Nziza is a Museveni's and a Kagame's supporter. Knowing what Ugandans know now, Kagame and Museveni could have used someone in Habaryamana's office/government to purchase those machetes (Pangas).

Some of those machetes were used on Ugandans as early as 1987. When Museveni took power, some of his soldiers were using machetes to kill people. Example; in Acholi some of the killings were brutally done by using machetes and even during Idi Amin's time, those FRONASA boys were killing with machetes. In 1972, my brother was arrested and detained in Gulu to be murdered and he recalls that those soldiers who arrested him spoke like westerners and they had both guns and machetes.

Mr Nziza can not make us believe that Museveni and Kagame did not buy and use machetes. The NRA women were using machetes even in Kampala. Upon arrival in Uganda in 1987, women (referred to locally as "Abanyarwanda") were going door to door looking for "Acholis" and those found were hacked with machetes. Mr. Nziza should just shut up trying to defend Kagame and Museveni.

Just about two weeks ago a gentleman from Acholi wrote in the Monitor how in Koch Goma (Acholi district) in 1987 his mother was left to die butchered by the NRA with a machete. And there were so many of those incidences only that most of those surviver's relatives or those who might survived the attacks don't have access to the internet.

Mr. Igabo Nziza, please go and sell your stories to people who don't know Kagame and Museveni.

 

3.

In reaction to Mr. Nziza's claims "Indictments of head of states is not a solution for Africa' we should that, what triggered the Genocide were the trick by Uganda backed RPF act of shooting down the Mystere Falcon 50 on April 6, 1994.

Which many in the current Kagame administration and their western sponsors called a "Plane Crash"! The dreadful Rwandan catastrophe triggered by the shooting down of former Rwandan President Juvenal Habyarimana's plane Mystere Falcon 50 on April 6, 1994, the report by French anti-terrorist Judge Jean-Louis Bruguire recently it provided cause to reconsider some accepted ideas about those events. The 225-page report placed the entire blame for the missile attack on President Habyarimana's plane on current Rwandan President Paul Kagame.

That attack on Mystere Falcon 50 which was donated to President Habyarimana by French President Franqois Mitterrand was surely one of the worst terrorist acts of the 1990s. Think about it! Two African heads of state on Falcon 50 board; Juvenal Renzaho the then former ambassador to Rome, Habyarimana's private doctor Dr. Emmanuel Akingeneye, private secretary, Col. Elie Sagatwa, Chief of Army Major-General Deogratias Nsabimana and Maj. Thaddee Bagaragaza who the commander of Presidential Guards.

Others on board were Burundian Ministers Bernard Ciza and Cyiaque Simbizi. It is not a secret that, the then Foreign Minister Anastase Gasana was left behind in Dar-es-Salaam because he had been tipped off by the plotters of this assassination. President Museveni was a very key in the Arush Accord and he arrived late, he persuaded Benjamin Mkapa not to host President Habyarimana for a night because he knew the trap already set up. Two presidents were killed--President Cyprien Ntaryamira of Burundi was also in the plane, the fragile peace based on the Arusha accords of 1993 was shattered, war resumed, and masses of people were massacred. The perpetrators [Museveni and Kagame] of that attack--the Rwandan Patriotic Front according to Bruguire--knew what would happen, as did their principal backers, the United States and the United Kingdom.

The report alleges that unclassified internal of the then US President Clinton's Administration documents showed that on that very night, immediately after learning of President Habyarimana's death, Prudence Bushnell of the American Embassy in Kigali presciently wrote to Secretary of State Warren Christopher in Washington: "If, as it appears, both Presidents have been killed, there is a strong likelihood that widespread violence could break out in either or both countries, particularly if it is confirmed that the plane was shot down." A rigorous six-year investigation also finally casts light on all events that changed the course of Rwandan--and central African--history and names. Had the plane not been shot down, the massacres might have been avoided.

The Bruguire report also particularly damned for many people who then shaped the narrative of the Rwanda tragedy since 1994. Among them, Kofi Annan, who in 1998 commissioned an Independent Inquiry into UN Actions during the 1994 Genocide in Rwanda. In that very official report states: "At approximately 20:30, Habyarimana and President Cyprien Ntaryamira of Burundi were killed in a plane crash just outside the Kigali airport." Indictment documents produced by the International Criminal Tribunal for Rwanda also calls it a "plane crash". Two surface to air missiles were shot, but the official UN story was that the plane fell out of the sky! That probably explains why the plane's 'cockpit voice recorder' disappeared in UN offices for at least 10 years.

The report also damned for Louise Arbour, who was appointed by the former UN Secretary General Kofi Annan to head the UN Human Rights Commission. In her capacity as Chief Prosecutor of the Tribunal, Louise Arbour nixed the only UN sponsored investigation into the assassination of the Rwandan president. When investigator Michael Hourigan turned up evidence pointing to Kagame and the Rwandan Patriotic Front along with testimony from RPF members who had participated in the missile attack, Louise Arbour, though initially enthusiastic, suppressed his findings and ordered him to go no further.

It was also damning for former UN mission commander general Romeo Dallaire: first he provides no explanation for the disappearance of the plane's cockpit voice recorder (black box), which surfaced in April 2004 at UN headquarters. Dallaire was in charge of the so-called Kigali weapons secure area from where the missile was shot. Secondly, his 600-page book never even tries to explain how the former Rwandan president was killed and who did it. Worse still, he continued to the assassination act as an "accident".

The report further damned Uganda and the Ugandan President Yoweri Museveni. The missiles used to shoot down the plane were the property of the Ugandan Army. Uganda had bought them from the Soviet Union in 1987. Whereas the official story had it that the tragedy in Rwanda was an internal crisis, the ownership of those missiles pointed directly to the fact that the so-called RPF rebels were ranking members of the Ugandan army until the day they invaded Rwanda on October 1, 1990. Then, the Rwandan President Paul Kagame was Uganda's Chief of Military Intelligence and benefited from Ugandan until he took power in July 1994.

The same report also damning for United States, and particularly the then Clinton administration, which has supported Paul Kagame and the Rwandan Patriotic Front unfailingly since the early 1990s. How could a country supposedly so intent on fighting terrorism treat the assassination of two African heads of state so lightly that it never forced the UN get to the bottom of it? After all, the Washington has always gotten its way on Rwanda at the UN.

For instance, when it was time to act in 1994, another unclassified State Department document dated April 15, 1994, states that for the United States the first priority of the UN Security Council was "to instruct the Secretary general to implement an orderly withdrawal of all/all UNAMIR forces from Rwanda." That is exactly what the UN did, thus prompting former UN Secretary General Boutros-Ghali to declare that "the Rwandan Genocide was 100 percent American responsibility".

Hopefully, Mr. Igabo Nziza can inform the world that, by February 1993, some members of the RPF were not ready in Kigali. Or even the day when President Habyarimana's plane was shot down there were no members of RPF in the basement of Rwandan Parliament.

Mr. Nziza should know that by April 13, 1994, there were frontlines between the then Rwanda Presidential Guard and RPF/A of no more than 100 metres separating the two. RPF had a battalion barracks at the Conseil National pour le Development (CND) the Parliament building which was the RPF base in Kigali. We all know that by April 8, 1994, April 8, 1994, 21, 1994, Mulindi, Nyagatare, Kagera National Park and Byumba respectively were in the hands of RPF but we are not told how bodies that floated into Kagera River and ended up into Lake Victoria came into existence. Most of these bodies had been tied with Kandoya ("Three-piece") style at a time only acquainted with RPF/A who were formally using it when still with National Resistance Movement/Army (NRM/A) in Luwero Triangle.

To consolidate the facts; on April 27, RPF had already taken Rwamagana and Kibungo, then April 29 RPF took over Rusumo whilst May 6, RPF encircled Ruhengeri and May 22 they had control of nearly three quarters of Kanombe Military Camp. And in all those areas people were being massacred and in areas such as Nyagatare and Kagera all those killed were thrown into the river and later found their way into Uganda's lake Victoria. For more that 80 days out of the 100 days of the Genocide, there were no Rwandan troops in the areas of Mulindi, Nyagatare, Kagera National Park and Byumba. Yet the bodies were still flowing into Uganda and to-date Uganda still has mass-graves of Rwandese. Three miles from Kasensero there is a huge mass-grave just less that 10 metres from the main road.

Given the ongoing denial of RPF/A members that they were not involved in the Genocide the world will never know the truth or get to the bottom of the whole matter.

This is a prospect to find out more about why so many people died in Rwanda and later in the Congo. Moral indignation is fine. But it cannot replace hard facts. Judge Bruguire's report surely uncovered some important facts that have been carefully edited out of the official story about in Rwanda. It deserves to be studied carefully. We shouldn't depend on the selected information by opportunists. What you saw or heard in the neighbourhood Rwanda is coming to Uganda very soon, according to our intelligence from the secret meetings now held recently by Museveni. Gen. Salim Saleh is quite but he is under instruction. Those who have relatives close to security and ministry of agriculture study the way how farm equipments are being purchased in Uganda!

 

4.

Madeleine Albright spoke of him as "a beacon of hope for Africa", whereas the journalist with the New Yorker, Philip Gourevitch promoted him for years as the "eminence grise of the new leadership in central Africa", before making a surprising flip-flop in May 2003 when he called him an "arsonist masquerading as a fireman" in a confusing article on the Congo

http://www.taylor-report.com/

Read that Link and see how M7 ACTS.

Captain Vincent

Thank you Capt., that website offers another perspective into the events leading to the 94 Rwanda Genocide. Readers are encouraged to study this long and very informative piece to get another point of view in addition to what Mr Igabo wrote.

Also Mr Igabo, thank you for your opinions which widen the debate. About ICC indictments, we can assure you that if Museveni were indicted today, most Ugandans wherever they are will be dancing in the streets. For us we consider him the master genocidaire of the great lakes region.

What about those who say for us we just want to solve a problem of these big criminals, so if someone wants to help us whether from ICC or AU, it is good. Unless you can explain more why the skin color or nationality of who comes to help is that important.

Someone will say it is not fair because if all crimes were treated the same, then also some individuals in the white house and Pentagon should be worried about ICC. But that is not a strong reason enough for us not to take advantage and use ICC to take African criminals off the streets or the state houses.

We are not experts at international crimninal law but your comments on national sovereignty and ICC seem to be because you have not really understood what the ICC is, or how it works. Please study and you will realise it.

The way things are now, it seems setting up an African Union court of justice could be a good way for well connected criminals to legally evade justice, or at best re-invent the wheel.

 

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