
The International Residual Mechanism for Criminal Tribunals recently concluded a two-year court hearing on Félicien Kabuga. Kabuga is accused of crimes against humanity during the Genocide against the Tutsi in Rwanda in 1994. The court ruled that he was not mentally fit for trial.
The court proposed that the tribunal judges find an “alternative procedure that resembles a trial as closely as possible, but without the possibility of a conviction”. What this “alternative procedure” will look like is still not fully known. Rwanda’s ambassador to the Netherlands, Olivier Nduhungirehe, has suggested a court case would still occur, but without Kabuga. Questions will be raised about how this falls within international legal procedures. Jonathan Beloff, who has researched post-genocide Rwanda, explores the implications of the tribunal’s decision for genocide victims.