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contribution 26 - REYNTJENS Filip

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RPF prosecution


transtlated version

Thank you. First of all, let me reassure you that Pierre Prosper and myself, I noticed that we are indeed in harmony in respect of the essential point, since there was a draft agreement which was never finalised and so the RPF was not suspected by Rwanda, and that did not happen. And I think that is what matters.

Now, I would like to revisit before that, there were a number of statements this afternoon which were, to say the least, wonderful. We have had 21 statements. Now, let me revisit something that was stated by Don Webster, which is interesting. He said we would have been more efficient if the temporal jurisdiction was open ended.

It is obvious to my mind that if the temporal jurisdiction was endless, the RPF would have been more cautious in 1996 and 1997 in Congo and in those neighbouring countries which fall under the jurisdiction of the ICTR and also during the ^war of 1997/1998. But I beg to differ on the issue of whether persons have to be prosecuted or not. He said yes. Since the jurisdiction is restricted, it is very hard to prove that the crimes were indeed committed. I believe that the RPF committed many crimes between April and September 1994. That is during which is consistent with the temporal jurisdiction of the ICTR.

And also the last statement is a concrete question to Prosecutor Jallow, because one of the crimes which has been recognised as falling under the jurisdiction of the ICTR by the Prosecutor is the murder of the clergy, which in agreement with the prosecutor of Rwanda was handled by the military courts in the first instance and in the appeals in Rwanda. And that is why I’m going to ask the concrete question: Why is Prosecutor Jallow not continuing with the case? Because Article 9, dealing with the double jeopardy proviso states that: Anybody tried before a national court may be prosecuted by the International Criminal Tribunal only where the offence for which he is prosecuted is considered a crime against humanity. And so the four officials were prosecuted on that count.


Could you be little be shorter?


Yes. I was quoting from the Statute and reading an article of the statute, and I was was wondering why the Prosecutor is unable to act.


Mr. Kamilindi and then Mr. Jallow if he wishes.