The New Times (Kigali)
16 December 2008
In an earlier contribution ('The Case Against Rose Kabuye: A Comment on Jurisdiction', The New Times, Kigali, 1 December 2008), I concluded that France (and Germany, acting as proxy) violated Rwanda sovereignty because the ground of jurisdiction asserted in that case ('passive personality') is not, under customary international law, binding on Rwanda.
[ See Article ]
My friend. I take your points, some of which I discussed in the first contribution (on jurisdiction). I am not disputing that the incident is serious; just because it is, however, does not give the French judge jurisdiction. My point, from a legal perspective, confirms the feeling that judges in the northern hemisphere feels entitled to prosecute individuals in the South in a way that does not work the other way around (because we can't, we are poor and slow to offend). This makes claims to pursuing justice and promoting the rule of law suspicious, all the more so since serious allegations against their own are somehow seemingly beyond radars. Are we to sit and accept what is? By the way, wangu, abari ya kwetu?
My friend Idi, Idi wetu... (At least you once were). I appreciate the case you have laid out in the defense of Ms Kabuye.
However, this is not a state matter; she has been singled out as an individual for conspiring in a terroristic act.
The shooting of President Habyarimana plane killed two sitting African presidents, and a French crew. It was in fact a terrible international incident.
Ms Kabuye was aware of these accusations, yet she still went in Germany. Now if France decides peruse legal actions against an alleged conspirer in the assassination of its citizens, and that the individual happens to be in Germany; what is Germany to do?
They also have laws to abide in the EU. See, I think this is a demonstration of the rule of law in action. Ms Kabuye has now an opportunity to prove her innocence or she will be found guilty.
The sad note is that we are talking about justice for the French crew, but not for the two African presidents they were working for, and the millions others that died, and that are still being killed in the region.
I'll pass on the Congo's reference... because my views may be a bit biased.
But I will say this: in 14 years Rwanda and Dr Congo have lost an estimated 6 million people to violence; 1 million for Rwanda and 5 million for Dr Congo.
Thanks for a well written defense my friend