The crimes committed in Kibeho in 1995 alone cannot be prosecuted by ICC. The pattern of criminal activities constitutes a reason enough for the ICC Prosecutor to initiate investigations “proprio motu” (on his/her own impulse) in building the case that falls within ICC jurisdiction. In that sense, he/she has the right to charge a criminal and use the prior similar crimes as supporting evidence. Perhaps, not to say surely, that is what General Ntaganda’s relatives referred to when they communicated with AfroAmerica Network.

The decision to reject the case on the basis of the jurisdiction of the court is made by the Pre-Trial Chamber of the ICC.
On the other side, the Defense may introduce the pattern in previous situations to show that General Ntaganda has always been mislead to executed orders, from his superiors. “Superior Orders” are not an excuse in genocide and crimes against humanity but are acceptable for “war crimes”. Hence the Defense may use them as a pattern in Kibeho, Ituri, Kiwandja, etc. and paint General Ntaganda as also a victim of his superiors.

Regarding imprescriptible crimes, AfroAmerica Network is aware of discussions going on at the ICC, IC, and the UN Security Council regarding who has the right to try such crimes if states refuse to prosecute their citizens. Based on our sources at the UN, there are differing views: some believe that ICC statutes need to be revised to account for that or to ask the UN Security Council to refer such cases to the ICC.
Best – David O’Brien.

Well done for this article. Even if it would be difficult for the ICC to try cases that happened before its existence, this article has the merit to create uneasiness among people close to Paul Kagame. And that is commendable. First we learn that Bosco was in the squad that killed innocent civilians in Kibeho, then we learn that he is prepared to point the finger, not at Ibingira, but at Kagame himself. Those like myself who follow and believe in prophecies about Rwanda will tell you that these accusations against Kagame will not move out of power but will certainly shake his horn (leadership). It is also good because once it is shaken (which hurts) the root will rot and it will be easy to pluck it out. Prophecies predicted this would happen 4 times but he has gone past 4 already.

So Kagame is warned, his days are numbered.

Thank you Afro-America for an interesting article