Suspected genocide mastermind Felicien Kabuga may find it difficult to get a country that will host him if he is released from the United Nations Detention Facility in The Netherlands, sources acquainted with international criminal law have said.
This month, the International Residual Mechanism for Criminal Tribunals (IRMCT)'s Appeal Chamber maintained the lower chamber's decision that he is unfit to stand trial due to his health status, hence suspending his criminal proceedings.
The 90-year-old is now waiting for his impending release, which will be on the condition that he gets a country that is willing to take him up, a process that has been described as "complicated."
"The situation is much more complicated," said Serge Brammertz, the chief prosecutor of the IRMCT, during an interview with Kigali Today, a Rwandan news outlet.
"If someone has been convicted, released or acquitted in a third country, in principle that person goes back to his country of nationality," Brammertz said, as he noted that the most logical consequence would be that he returns to Rwanda since he is a Rwandan citizen.
Can Kabuga come to Rwanda?
Asked about the likelihood of Kabuga's return to Rwanda, Brammertz said: "I don't know. It will not be my decision."
Such a decision will have to depend on a number of factors including Rwanda's willingness to receive him, his willingness to return and so on, he said.
In the past, Rwanda has consistently stated its willingness to accept convicts of the Genocide against the Tutsi who had been tried, convicted and imprisoned in third countries.
The same applies to Rwandans who were either acquitted or completed their sentences by the International Criminal Tribunal for Rwanda - the precursor of the Mechanism - who have for years failed to secure countries to take them in and the UN is stuck with them.
It is not yet clear how the situation of Kabuga will be handled, especially considering the fact that he never stood trial in the first place.
What are Kabuga's options?
The New Times understands that in the coming weeks, the IRMCT registrar's office will issue a call for countries that may be willing to receive Kabuga when he is released.
A source who talked to The New Times on condition of anonymity because of the nature of their job pointed out a couple of countries that can be looked at as potential hosts of Kabuga in case he is released, but he highlighted how difficult it will be.
The countries in question are mainly those where he has family. These are: France, Belgium and Canada.
For France, for example, the source said the European country would not "want to have him back on its territory because it could indicate that they were hiding him and thus are happy to have him back."
Discussing Belgium, the source talked about the context of the recent diplomatic issues between them and Rwanda, and said they would not want to take the burden of Kabuga in addition to the current problems in the relations of the two countries.
For Canada, the source highlighted that the North American country has a tough policy on war criminals, and it is very unlikely that they can accept Kabuga. Canada has previously extradited a Rwandan - Leon Mugesera - to Rwanda to face genocide charges. It has also tried and convicted another genocidaire, Desire Munyaneza.
Can he stay at The Hague?
Brammertz explained that the current status under which Kabuga is staying at The Hague is one of a detainee.
"He can only be released if there is a country which is accepting him on its territory," he said.
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Unlike the other Rwandans who are stuck with the UN, Kabuga is still a suspect and it is understood that even out of custody, there are other conditions that he will have to adhere to even after his release.
It is understood that the Dutch government earlier on showcased its unwillingness to host Kabuga, even before the IRMCT's decision to put his trial on hold due to his health status.
If the Dutch maintain this stand, the only condition under which he can stay there is by continuing to live at the UN's detention unit.
Another source intimated to The New Times that it is highly likely that he will stay at the UN Detention Facility at The Hague until the end of his life because it is hard for any country to receive him.
Meanwhile, his lawyers will be working hard to explore options for their client to find a country that will take him up on "humanitarian" grounds.
Kabuga is charged with genocide, incitement to commit genocide, conspiracy to commit genocide, persecution, extermination and murder.
