The appointment of Louise Arbour as Canada's Governor General has sparked a discussion about her role in international justice and, more specifically, her decisions regarding Paul Kagame, the leader of Rwanda. Arbour's tenure as the chief prosecutor at the United Nations tribunal in Rwanda has left a lasting impact on the region's justice system and, subsequently, its history.
A Question of Justice
Arbour's decisions, made nearly three decades ago, had a direct impact on the fate of millions living in Central Africa. As the chief prosecutor, she held the power to decide who would face prosecution for the atrocities committed during the 1994 Rwandan genocide. This included granting judicial immunity to certain individuals, a decision that would shape the region's future.
The Evidence Uncovered
Michael Hourigan, an Australian lawyer, and Jim Lyons, a former FBI agent, were part of the team at the International Criminal Tribunal for Rwanda (ICTR). They collected evidence suggesting that Paul Kagame, Rwanda's current leader, was involved in the missile attack that sparked the genocide. This evidence included testimonies from former soldiers and a UN peacekeeper.
Shutting Down the Investigation
Despite the compelling evidence, Arbour ordered Hourigan to shut down the investigation. She claimed that the court had no mandate to investigate the plane attack and lacked the jurisdiction to proceed. Hourigan, however, argued that the assassination of the Rwandan and Burundian presidents was an act of terrorism, which fell within the tribunal's mandate. Lyons suggested that Arbour may have been under political pressure, as she was 'rough' with Hourigan during their exchange.
The Impact of Arbour's Decision
Arbour's decision not only shielded Kagame from justice but also set a precedent for legal compromise and historical erasure. It prevented the truth from coming to light and allowed Kagame to continue overseeing mass killings in Rwanda and, later, to unleash a war in neighbouring Congo that has claimed millions of lives.
The Cover-Up Continues
Carla Del Ponte, Arbour's successor, oversaw a unit that collected evidence against Kagame and his commanders. This evidence suggested that Kagame's army was responsible for the assassinations and committed mass atrocities. However, Del Ponte was fired before she could issue indictments, and a deal was brokered to transfer jurisdiction for prosecuting RPF crimes to Rwandan courts, effectively granting Kagame legal immunity.
A Failure of International Justice
The ICTR's refusal to investigate the plane attack and indict Kagame is seen as a 'malicious conspiracy' by some. It has denied Kagame's victims the chance to tell their stories and has allowed him to evade justice for three decades. Courts, by their very nature, create history, and in this case, they have ensured Kagame's moral invincibility.
The Bigger Picture
Arbour's protection of Kagame is part of a larger trend where powerful individuals have rationalized and distorted the truth. This has allowed Kagame, a favourite of Western powers, to escape prosecution for his crimes. It raises questions about the state of international justice and the impunity enjoyed by those with blood on their hands.
A Lasting Legacy
While Arbour may not face consequences for her actions in her new role, her record is a painful reminder for the millions of Kagame's victims in Rwanda and Congo. Her decisions have shaped the region's history and continue to impact its present and future.
