Citation
DEVELOPMENT OF THE RWANDA WAR CRIMES TRIBUNAL
3. ON AUGUST 10, DRL A/s SHATTUCK MET WITH SENIOR GOF
OFFICIALS TO DISCUSS ESTABLISHMENT OF A RWANDA WAR
CRIMES TRIBUNAL AND THE SITUATION IN BURUNDI. SHATTUCK
WAS ACCOMPANIED BY L SPECIAL ASSISTANT CRYSTAL NIX,
DRL/MLA OFFICE DIRECTOR JOSIAH ROSENBLATT, AND EMBASSY
P0LITICAL OFFICERS. HIS FRENCH INTERLOCUTORS WERE QUAI
AFRICA A/S JEAN-MARC ROCHEREAU DE LA SABLIERE, IO A/S
COLIN DE VERDIERE, LEGAL ADVISOR JEAN-PIERRE
PUISSOCHET, CENTRAL AND EAST AFRICA DAS CATHERINE
B0IVINEAU AND IO DESK OFFICER LAURENCE KIST.
4.
DE LA SABLIERE UNDERLINED GOF CONCERN THAT RWANDAN
REFUGEES ARE RETURNING TO THEIR HOMES TOO SLOWLY. HE
ARGUED THAT THE NEW KIGALI GOVERNMENT NEEDS TO PROVIDE
CLEAR SECURITY ASSURANCES TO THE REFUGEES IN THE ?ACE
OF REPORTED REVENGE KILLINGS BY RPF SOLDIERS. HE NOTED
THAT THE EXODUS OF REFUGEES INTO TANZANIA CURRENTLY
EXCEEDS THE NUMBER OF RETURNEES.
5.
SHATTUCK OUTLINED RECENT STEPS THE GOR HAS TAKEN TO
ENCOURAGE THE RETURN HOMEWARD OF REFUGEES. HE
DESCRIBED THE LETTER THE GOR HAD SENT TO THE UN SYG, IN
WHICH THE GOR PUBLICLY CONDEMNED ACTS OF RETRIBUTION,
AGREED TO ARREST THOSE ENGAGING IN SUMMARY EXECUTIONS
NOW OR PREVIOUSLY, DECLARED ITS SUPPORT FOR AN
INTERNATIONAL WAR CRIMES TRIBUNAL, AGREED TO DEFER
PROSECUTION OF WAR CRIMINALS TO THE TRIBUNAL, AND SAID
IT WOULD RELY ON DUE PROCESS IN LOCAL PROSECUTIONS.
SHATTUCK ALSO NOTED THE GOR PRIME MINISTER'S PUBLIC
COMMUNIQUE IN WHICH HE CLEARLY STATED THE GOVERNMENT'S
GUARANTEE OF SECURITY FOR RETURNING REFUGEES. THE GOR
TOLD SHATTUCK IT WANTS THE REFUGEES TO RETURN HOME SOON.
ORGANIZATION OF THE TRIBUNAL
6. WHILE AGREEING ON THE NECESSITY OF ESTABLISHING AN
INTERNATIONAL RWANDAN WAR CRIMES TRIBUNAL AS SOON AS
P0SSIBLE, LEGAL ADVISOR PUISSOCHET NOTED THE FRENCH
PREFERENCE .TO ESTABLISH A LEGALLY DISTINCT TRIBUNAL FOR
CRIMES COMMITTED IN RWANDA, THOUGH HE INDICATED THE GOF
COULD BE FLEXIBLE ON THIS. HE ARGUED THAT IT WOULD BE
DIFFICULT TO ENLARGE THE YUGOSLAVIA WAR CRIMES TRIBUNAL
AND THAT THE COMPOSITION OF JUDGES ALREADY SELECTED FOR
YUGOSLAVIA MIGHT NOT BE APPROPRIATE FOR RWANDAN
CRIMES. REGARDLESS OF WHETHHER A NEW TRIBUNAL WERE
CREATED OR THE EXISTING TRIBUNAL WERE ENLARGED, HE SAID
A NEW UNSC RESOLUTION WILL BE REQUIRED. HE DID NOT SEE
OBVIOUS MONETARY SAVINGS IN ENLARGING THE YUGOSLAVIA
TRIBUNAL AND EXPRESSED A CONCERN THAT ENLARGEMENT COULD
EVENTUALLY LEAD TO AN INTERNATIONAL COURT -- AN
UNDESIRABLE RESULT FROM THE GOF POINT OF VIEW.
PUISSOCHET DID AGREE 'THAT CERTAIN SERVICES MIGHT BE
SHARED BETWEEN THE TWO TRIBUNALS, SUCH AS REGISTRATION
ADMINISTRATIVE FACILITIES.
7.NIX DESCRIBED THE U.S.-PREFERRED ORGANIZATION OF
THE RWANDAN WAR CRIMES TRIBUNAL. SHE EMPHASIZED THE
NEED FOR RELATIVE PARITY WITH THE YUGOSLAV TRIBUNAL
SO THAT IT WOULD BE CLEAR THE INTERNATIONAL COMMUNITY
DOES NOT ATTACH LESS IMPORTANCE TO WAR CRIMES IN AFRICA
THAN TO THOSE IN EUROPE. SHE POINTED OUT THE ADVANTAGE
OF HAVING ONE TRIBUNAL HANDLE ALL WAR CRIMES CASES,
THUS DEVELOPING A CONSISTENT BODY OF LAW EMPLOYING A
SINGLE SET OF STANDARDS. SHE NOTED THE IMPORTANCE OF
SETTING UP THE TRIBUNAL IN A TIMELY MANNER. USING THE
BUILDING IN THE HAGUE, SUPPORT STAFF, AND THE SAME
APPELLATE AND TRIAL JUDGES, THE NEW TRIBUNAL WOULD NEED
TO ADD ONLY SEVERAL AFRICAN JUDGES AND A SEPARATE
PROSECUTORIAL STAFF. A SINGLE CHIEF PROSECUTOR,
JUSTICE GOLDSTONE, WOULD PRESIDE OVERALL. THE FRENCH
AGREED THAT JUDGE GOLDSTONE WOULD BE VERY CREDIBLE IN
THAT POSITION.
8.PUISSOCHET SAID THE PURPOSE OF THE TRIBUNAL MUST BE
CLEARLY DEFINED -- WHETHER IT IS INTENDED TO JUDGE THE
INSTIGATORS, MIDDLE-LEVEL COMMANDERS. OR THE HUGE
NUMBER OF PERSONS WHO CARRIED OUT THE KILLINGS. HE
NOTED THAT THOUGH THE YUGOSLAV TRIBUNAL IS INTENDED TO
PROSECUTE ALLEGED INSTIGATORS AND MIDDLE-LEVEL.
CRIMINALS. ONLY ONE OR TWO PERSONS MIGHT BE PROSECUTED
BEFORE THE END OF THIS YEAR. HE EXPRESSED CONCERN
ABOUT THE RELATIONSHIP BETWEEN JUDGMENTS WHICH MIGHT BE
HANDED DOWN BY THE INTERNATIONAL TRIBUNAL AND THOSE OF
LOCAL COURTS: LOCAL COURTS COULD CONDEMN PERSONS TO
DEATH, WHEREAS THE INTERNATIONAL TRIBUNAL, PRESUMABLY
TRYING HIGHER-LEVEL CRIMINALS, WOULD BE LIMITED TO
LONG-TERM PRISON SENTENCES.
.
9. PUISSOCHET RAISED THE PROBLEM OF ARRESTING AND
DETAININO-ALLEGED CRIMINALS. RHETORICALLY ASKING WHO
COULD MAKE ARRESTS AND UNDER WHAT AUTHORITY, HE NOTED
THAT CHAPTER 7 HAS BEEN USED AS THE BASIS FOR
ESTABLISHING THE YUGOSLAV TRIBUNAL AND WAS SKEPTICAL
THAT THIS COULD BE EXPANDED FURTHER AND STATES BE
INSTRUCTED TO ARREST ALLEGED WAR CRIMINALS. SHATTUCK
RESPONDED:THE UNSC RESOLUTION ESTABLISHING THE
INTERNATIONAL TRIBUNAL WOULD PROVIDE THE AUTHORITY FOR
LOCAL OFFICIALS TO ARREST AND DETAIN ALLEGED CRIMINALS
IN WHATEVER COUNTRY THEY MAY BE FOUND. HE RAISED THE
POSSIBILITY OF CALLING UPON STATES TO ARREST ALLEGED
CRIMINALS-BEFORE THE TRIBUNAL IS ESTABLISHED; THE
FRENCH PARTICIPANTS INSISTED THAT NO DETENTIONS COULD
OCCUR BEFORE A RESOLUTION IS PASSED CREATING THE
TRIBUNAL.
10. IN VIEW OF THE AGREED-UPON URGENCY OF CREATING THE
TRIBUNAL, SHATTUCK RAISED-THE POSSIBILITY OF HAVING THE
MEMBERS OF THE INTERNATIONAL COMMISSION RECOMMEND
CREATION OF THE RWANDAN WAR CRIMES TRIBUNAL IN AN
INTERIM REPORT, FOLLOWING THE WAY IN WHICH THE YUGOSLAV
TRIBUNAL HAD BEEN CREATED. DE LA SABLIERE RESPONDED
THAT THE MEMBERS OF THE COMMISSION WOULD NEED TO BE
CONSULTED, BUT HE SEEMED FAVORABLY INCLINED. TO THE IDEA.
11. DE LA SABLIERE RAISED THE ISSUE OF THE NUMBER OF
POTENTIAL CRIMINALS TO BE JUDGED. HE NOTED THE FRENCH
PRESS HAD PUBLISHED A LIST OF 500 LEADERS, BUT, QUERIED
BY SHATTUCK, STATED THE GOF HAD NOT COMPILED A LIST OF
ITS OWN. HE THEN QUOTED A PRESS REPORT THAT THE GOR
MINISTER OF JUSTICE HAD SAID THERE WERE 32,000
GOVERNMENT AND MILITARY PERSONNEL WHO COULD BE
PROSECUTED. ROSENBLATT EXPLAINED THAT THE GOR MINISTER
OF JUSTICE HAD TOLD THE U.S. DELEGATION HE MEANT THAT
THAT WAS THE NUMBER OF PERSONS POSSIBLY IMPLICATED
BECAUSE OF THEIR POSITIONS, NOT THE NUMBER OF PERSONS
TO BE PROSECUTED. (NOTE: THE 500 NUMBER APPEARS TO
INCLUDE INSTIGATORS AND MIDDLE-LEVEL COMMANDERS. END
NOTE.)
LOCAL JUSTICE VERSUS INTERNATIONAL TRIBUNAL
12.BOTH SIDES AGREED ON THE IMPORTANCE OF DEVELOPING
THE LOCAL JUDICIAL SYSTEM AT THE SAME TIME AS THE
INTERNATIONAL TRIBUNAL IS BEING ESTABLISHED. DE LA
SABLIERE POINTED OUT THAT THE INSTIGATORS OF THE
KILLINGS ARE NO LONGER IN RWANDA, AND IT WILL ONLY BE
POSSIBLE TO PROSECUTE THEM THROUGH AN INTERNATIONAL
TRIBUNAL. THE INTERNATIONAL COMMUNITY MUST FIND A WAY
TO JUDGE THESE CRIMINALS TO PREVENT FUTURE GENOCIDE.
SHATTUCK AGREED THAT AN EARLY PRIORITY FOR THE TRIBUNAL
AND THE GOR WOULD BE TO DELINEATE CATEGORIES OF WAR
CRIMINALS EACH WOULD SEEK TO PROSECUTE. REGARDING THE
MIDDLE-LEVEL COMMANDERS, HE NOTED THAT BOTH ZAIRE AND
TANZANIA WANT THE RWANDAN REFUGEES TO RETURN HOME, AND
IT WOULD BE THOSE COUNTRIES' OWN INTERESTS TO DETAIN
CRIMINALS, THOUGH THAT WILL NOT BE POSSIBLE UNTIL THE
INTERNATIONAL' IRIBUNAL IS ESTABLISHED.
13.DE VERDIERE NOTED THAT REFUGEES WILL NOT RETURN TO
RWANDA UNLESS THEY ARE ASSURED THAT THEY WILL BE SECURE
FROM REPRISALS. IN ADDITION TO THE DECLARATIONS THE
GOR HAS ALREADY MADE, THE BEST WAY TO ENSURE THIS IS
THROUGH THE OPERATION OF A LOCAL JUDICIAL SYSTEM
RELYING ON DUE PROCESS OF LAW TO PUNISH THE ACTUAL WAR
CRIMINALS. WITHIN RWANDA, THEREFORE, MIDDLE-LEVEL
COMMANDERS WHO HAVE NOT FLED, OR WHO RETURN WITH THE
REFUGEES, MIGHT BE ARRESTED.
HUMAN RIGHTS MONITORS; OBSERVERS FOR COURT PROCEEDINGS
14.SHATTUCK DESCRIBED THE GOR'S REQUEST FOR HUMAN
RIGHTS MONITORS TO ENCOURAGE THE RETURN OF REFUGEES AND
DISCOURAGE VIGILANTE ACTIVITIES. HE REPORTED THAT THE
UN IN GENEVA HAS STARTED THE PROCESS AND THAT A PORTION
OF THE TWO MILLION DOLLARS THE U.S.Q59 | 7,8 .9,8594. HE STRONGLY ENCOURAGE
FRENCH TO PROVIDE MONITORS OR FUNDING FOR THEM.
ROSENBLATT ESTIMATED THAT THE NUMBER OF MONITORS
REQUIRED WOULD BE A MINIMUM OF 150: ONE FOR EACH OF
THE 15 COMMUNES IN EACH OF RWANDA'S 10 PREFECTURES
OUTSIDE KIGALI. DE LA SABLIERE COMMENTED THAT THE GOF
IS WORKING IN THE SAME DIRECTION, BUT DID NOT MAKE ANY
OFFERS OF FRENCH PARTICIPATION OR FUNDING.
15.SHATTUCK REPORTED THAT THE GOF HAS ALSO REQUESTED
INTERNATIONAL OBSERVERS OF LOCAL COURT PROCEEDINGS TO
INCREASE CONFIDENCE IN THE RULE OF LAW. HE NOTED THE
NEED TO PROVIDE A HIGH STANDARD OF PERSONNEL, PERHAPS
THROUGH LAWYERS ASSOCIATIONS. HE SAID OBSERVERS COULD
BE 'PROVIDED BY INDIVIDUAL GOVERNMENTS OR BY
NON-GOVERNMENTAL ORGANIZATIONS, A COMPLICATED ISSUE
BECAUSE THESE MONITORS WOULD BE SEEN AS APPROVING LOCAL
COURT DECISIONS.
T,JNCLASSIFIED
Current Class: CONFIDENTIAL,
Current Handling: n/a
Document Number: 1994PARIS22245
Page: 9
Channel: n/a
Case Number: 200303979
675521 121616Z /38
0 121613Z AUG 94
FM AMEMBASSY PARIS
TO SECSTATE WASHDC IMMEDIATE 9104
INFO AMEMBASSY BUJUMBURA
AMEMBASSY NAIROBI
AMEMBASSY KAMPALA
AMEMBASSY BRUSSELS
USMISSION USUN NEW YORK
USMISSION GENEVA
AMEMBASSY KINSHASA
C OWFIDENTIALSECTION 04 OF 04 PARIS 22245
E.O. 12356: DECL: OADR
TAGS: PHUM, PREL, PREF, RW, FR
SUBJECT: A/S SHATTUCK'S MEETING WITH FRENCH ON RWANDA
WAR CRIMES TRIBUNAL AND BURUNDI
CONFIDENTIAL
CONFIDENTIAL
PAGE 02
PARIS 22245 04 OF 04 I21616Z
16.
SHATTUCK PRESENTED AN UPDATE ON THE SITUATION IN
BURUNDI, WHERE HE HAD BEEN THE DAY BEFORE. HE
DESCRIBED THE ATMOSPHERE OF HIGH TENSION AND THE
DISTRUST THAT HAVE LED TO VIOLENCE AMONG EXTREME
ELEMENTS, INCLUDING UNIVERSITY STUDENTS.BEING USED BY
TUTSI EXTREMISTS. SHATTUCK SAID BURUNDI NEEDS A LARGE
PRESENCE OF INTERNATIONAL CIVILIAN MONITORS. HE POSED
TWO QUESTIONS: HOW TO INCREASE THE MONITORING CAPACITY
IN BURUNDI, NOTING THAT THE 32 OAU OBSERVERS ARE NOT
WELL-REGARDED; AND WHAT CAN BE DONE TO INCREASE
ASSISTANCE OF HUMANITARIAN ORGANIZATIONS. HE ALSO
RAISED THE PROBLEM OF ACCOUNTABILITY FOR THE 1993
MASSACRES OF APPROXIMATELY 60,000 PERSONS.
17.DE SABLIERE COMMENTED THAT BURUNDI HAS BEEN UNABLE
TO ACCELERATE THE PROCESSES OF'NEGOTIATION AND THAT
COMPROMISE IS BECOMING MORE AND MORE DIFFICULT. HE
COMPLAINED THAT RPF LEADER KAGAME HAS ENOUGH INFLUENCE
TO CALM THE BURUNDIAN TUTSIS, BUT HASN'T USED IT. HE
PLACED RESPONSIBILITY WITH THE ARMY TO DO SOMETHING AND
EXPRESSED CONCERN THAT IMPUNITY WILL RESULT IN A
CONTINUATION OF VIOLENCE. HE NOTED THAT THE SITUATION
HAS DETERIORATED IN THE LAST 10 DAYS AND AGREED THAT
THE INTERNATIONAL COMMUNITY SHOULD INCREASE ITS
PRESENCE IN BURUNDI.
