Identifier
Created
Classification
Origin
08KIGALI456
2008-07-03 14:58:00
CONFIDENTIAL
Embassy Kigali
Cable title:
AU SUMMIT SUPPORTS RWANDA ON UNIVERSAL
how-toVZCZCXYZ0002 PP RUEHWEB DE RUEHLGB #0456 1851458 ZNY CCCCC ZZH P 031458Z JUL 08 FM AMEMBASSY KIGALI TO RUEHC/SECSTATE WASHDC PRIORITY 5435 INFO RUEHDS/AMEMBASSY ADDIS ABABA 0176 RUEHBS/AMEMBASSY BRUSSELS 0255 RUEHJB/AMEMBASSY BUJUMBURA 0346 RUEHEG/AMEMBASSY CAIRO 0035 RUEHDR/AMEMBASSY DAR ES SALAAM 1161 RUEHKM/AMEMBASSY KAMPALA 1930 RUEHKI/AMEMBASSY KINSHASA 0481 RUEHLO/AMEMBASSY LONDON 0261 RUEHMD/AMEMBASSY MADRID 0023 RUEHNR/AMEMBASSY NAIROBI 1258 RUEHFR/AMEMBASSY PARIS 0522 RUCNDT/USMISSION USUN NEW YORK 0131
C O N F I D E N T I A L KIGALI 000456
SIPDIS
DEPT FOR IO AND AF/C
E.O. 12958: DECL: 07/03/2018
TAGS: PREL PGOV UNGA RW
SUBJECT: AU SUMMIT SUPPORTS RWANDA ON UNIVERSAL
JURISDICTION - NEXT VENUE THE UN
REF: KIGALI 450
Classified By: Ambassador Michael Arietti for Reason 1.4 (b) (d)
C O N F I D E N T I A L KIGALI 000456
SIPDIS
DEPT FOR IO AND AF/C
E.O. 12958: DECL: 07/03/2018
TAGS: PREL PGOV UNGA RW
SUBJECT: AU SUMMIT SUPPORTS RWANDA ON UNIVERSAL
JURISDICTION - NEXT VENUE THE UN
REF: KIGALI 450
Classified By: Ambassador Michael Arietti for Reason 1.4 (b) (d)
1. (SBU) Rwanda continues its campaign against French and
Spanish indictments of senior Government of Rwanda (GOR)
officials. At the recent AU Summit in Egypt, the Assembly
endorsed a "Report of the Commission on the Abuse of the
Principle of Universal Jurisdiction." The report noted the
"political nature and abuse" of universal jurisdiction by
some non-African states against African states and leaders,
"particularly Rwanda," and called such abuse "a clear
violation of their sovereignty and territorial integrity."
The Report stipulates that warrants from such abusive action
"shall not be executed" by AU member states, and calls for an
international regulatory body to review complaints and
appeals. The report further calls for the AU Chair to bring
the matter before the UN Security Council and General
Assembly, as well as the European Union, and calls upon EU
states to "impose a moratorium" on execution of warrants.
2. (SBU) In comments to local press upon his return from
the Summit, Justice Minister Tharcisse Karukagrama said that
Rwanda had the right to "defend herself" against "anarchical
allegations," and he approvingly quoted from the AU Report
noted above. He also criticized the French government for
its unwillingness to see the Bruguiere indictments
adjudicated before the International Court of Justice (France
must apparently submit voluntarily to the ICJ's jurisdiction
and has so far declined to do so).
3. (C) The Report endorsed by the AU Assembly tracks with
comments made to us by Foreign Minister Rosemary Museminali
in mid-June, in which she indicated that the GOR would
continue to pursue condemnations of the French and Spanish
indictments at various international fora. Several local
officials have also floated the idea recently of indictments
by the Rwandan government of French officials for their
alleged involvement in the 1994 genocide -- a form of
universal jurisdiction tit-for-tat.
4. (C) Comment. As discussed by a Human Rights Watch
researcher at the recent justice sector conference in Kigali
(reftel),the French indictments are actually not a classic
exercise in universal jurisdiction, where a nation's courts
assert jurisdiction over matters that bear no connection to
that nation or its citizens -- the case was brought by family
members of the French crew who died when President
Habyariamana's plane was shot down in April of 1994, touching
off the genocide. The Spanish indictments are a mixture of
national and universal jurisdiction. This legal distinction,
however, is not emphasized by the GOR in its campaign to seek
international action to suspend or quash the indictments.
End comment.
ARIETTI
SIPDIS
DEPT FOR IO AND AF/C
E.O. 12958: DECL: 07/03/2018
TAGS: PREL PGOV UNGA RW
SUBJECT: AU SUMMIT SUPPORTS RWANDA ON UNIVERSAL
JURISDICTION - NEXT VENUE THE UN
REF: KIGALI 450
Classified By: Ambassador Michael Arietti for Reason 1.4 (b) (d)
1. (SBU) Rwanda continues its campaign against French and
Spanish indictments of senior Government of Rwanda (GOR)
officials. At the recent AU Summit in Egypt, the Assembly
endorsed a "Report of the Commission on the Abuse of the
Principle of Universal Jurisdiction." The report noted the
"political nature and abuse" of universal jurisdiction by
some non-African states against African states and leaders,
"particularly Rwanda," and called such abuse "a clear
violation of their sovereignty and territorial integrity."
The Report stipulates that warrants from such abusive action
"shall not be executed" by AU member states, and calls for an
international regulatory body to review complaints and
appeals. The report further calls for the AU Chair to bring
the matter before the UN Security Council and General
Assembly, as well as the European Union, and calls upon EU
states to "impose a moratorium" on execution of warrants.
2. (SBU) In comments to local press upon his return from
the Summit, Justice Minister Tharcisse Karukagrama said that
Rwanda had the right to "defend herself" against "anarchical
allegations," and he approvingly quoted from the AU Report
noted above. He also criticized the French government for
its unwillingness to see the Bruguiere indictments
adjudicated before the International Court of Justice (France
must apparently submit voluntarily to the ICJ's jurisdiction
and has so far declined to do so).
3. (C) The Report endorsed by the AU Assembly tracks with
comments made to us by Foreign Minister Rosemary Museminali
in mid-June, in which she indicated that the GOR would
continue to pursue condemnations of the French and Spanish
indictments at various international fora. Several local
officials have also floated the idea recently of indictments
by the Rwandan government of French officials for their
alleged involvement in the 1994 genocide -- a form of
universal jurisdiction tit-for-tat.
4. (C) Comment. As discussed by a Human Rights Watch
researcher at the recent justice sector conference in Kigali
(reftel),the French indictments are actually not a classic
exercise in universal jurisdiction, where a nation's courts
assert jurisdiction over matters that bear no connection to
that nation or its citizens -- the case was brought by family
members of the French crew who died when President
Habyariamana's plane was shot down in April of 1994, touching
off the genocide. The Spanish indictments are a mixture of
national and universal jurisdiction. This legal distinction,
however, is not emphasized by the GOR in its campaign to seek
international action to suspend or quash the indictments.
End comment.
ARIETTI