Jean Kambanda (born October 19, 1955) is a Rwandan former politician who served as the
Prime Minister of Rwanda
This article lists the prime ministers of Rwanda since the formation of the post in 1961 (during the Rwandan Revolution), to the present day.
The prime minister of Rwanda is the head of government of the Republic of Rwanda. The prime minister ...
in the
caretaker government
A caretaker government is a temporary ''ad hoc'' government that performs some governmental duties and functions in a country until a regular government is elected or formed. Depending on specific practice, it usually consists of either randomly se ...
from the start of the 1994
Rwandan genocide
The Rwandan genocide occurred between 7 April and 15 July 1994 during the Rwandan Civil War. During this period of around 100 days, members of the Tutsi minority ethnic group, as well as some moderate Hutu and Twa, were killed by armed Hutu ...
. He is the only
head of government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
to plead guilty to
genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin ...
,
[ in the first group of such convictions since the came into effect in 1951.
Kambanda holds a ]degree
Degree may refer to:
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** Degree of geographical latitude
** Degree of geographical longitude
* Degree symbol (°), a notation used in science, engineering, and mathematics
...
in commercial engineering
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* a dose of advertising conveyed through media (such as - for example - radio or television)
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and began his career as a low-level United Popular BPR
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* United, West Virginia, an unincorporated community
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* ''United'' (2003 film), a Norwegian film
* ''United'' (2011 film), a BBC Two f ...
banker, rising as a technocrat to become the chair of the bank. At the time of the April 1994 crisis he was vice president of the Butare
Butare (), also known as Huye, is a city (population: 50,220 as of 2012) in the Southern Province of Rwanda and the capital of Huye district. It is the fourth largest town in Rwanda by population.
History
The Belgian colonial rulers establishe ...
section of the opposition Republican Democratic Movement
The Republican Democratic Movement (french: Mouvement démocratique républicain, MDR) was a political party in Rwanda.
History
The party was established in 1991, (MDR).
He was sworn in as prime minister on April 9, 1994 after the president Juvénal Habyarimana
Juvénal Habyarimana (, ; 8 March 19376 April 1994) was a Rwandan politician and military officer who served as the second president of Rwanda, from 1973 until 1994. He was nicknamed ''Kinani'', a Kinyarwanda word meaning "invincible".
An ethn ...
and prime minister Agathe Uwilingiyimana
Agathe Uwilingiyimana (; 23 May 1953 – 7 April 1994), sometimes known as Madame Agathe, was a Rwandan political figure. She served as Prime Minister of Rwanda from 18 July 1993 until her assassination on 7 April 1994, during the opening stage ...
, were both assassinated. He remained in the post for the hundred days of the genocide until July 19, 1994. After leaving office he fled the country.
Criminal responsibility
Kambanda was arrested in Nairobi
Nairobi ( ) is the capital and largest city of Kenya. The name is derived from the Maasai phrase ''Enkare Nairobi'', which translates to "place of cool waters", a reference to the Nairobi River which flows through the city. The city proper ha ...
on July 18, 1997, after a seven-week multinational stakeout and transferred to the International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda (ICTR; french: Tribunal pénal international pour le Rwanda; rw, Urukiko Mpanabyaha Mpuzamahanga Rwashyiriweho u Rwanda) was an international court established in November 1994 by the United Nation ...
. The court accused him of distributing small arms
A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions).
The first firearms originated in 10th-century China, when bamboo tubes c ...
and ammunition
Ammunition (informally ammo) is the material fired, scattered, dropped, or detonated from any weapon or weapon system. Ammunition is both expendable weapons (e.g., bombs, missiles, grenades, land mines) and the component parts of other weap ...
in Butare
Butare (), also known as Huye, is a city (population: 50,220 as of 2012) in the Southern Province of Rwanda and the capital of Huye district. It is the fourth largest town in Rwanda by population.
History
The Belgian colonial rulers establishe ...
and Gitarama
Muhanga (former Gitarama, renamed in 2006) is a city in Rwanda, in the Muhanga District, in Southern Province. The city is above sea level.
Though officially part of the Southern Province, Muhanga is geographically in central Rwanda, approxi ...
with the knowledge that they would be used to massacre civilians. He was found guilty after pleading guilty, a plea he later rescinded, but which rescission the Court did not accept.
On September 4, 1998, the ICTR condemned Jean Kambanda to life imprisonment for:
*Genocide, and Agreement to commit genocide
*Incitement to genocide
Incitement to genocide is a crime under international law which prohibits inciting (encouraging) the commission of genocide. An extreme form of hate speech, incitement to genocide is considered an inchoate offense and is theoretically subject ...
*Aiding and abetting genocide
*Failing in his duty to prevent the genocide which occurred while he was prime minister
*Two counts of crimes against humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...
Joy Mukanyange, the Rwandan Ambassador to Tanzania, was the only Rwandan official who attended the sentencing. She thought it was fair that Kambanda received a life sentence and his crimes had been recognized by the international community. She noted that Rwanda was "not looking for revenge".
This verdict was upheld by the ICTR Appeal Chamber on October 19, 2000, and Kambanda is currently jailed in Koulikoro Prison in Mali
Mali (; ), officially the Republic of Mali,, , ff, 𞤈𞤫𞤲𞥆𞤣𞤢𞥄𞤲𞤣𞤭 𞤃𞤢𞥄𞤤𞤭, Renndaandi Maali, italics=no, ar, جمهورية مالي, Jumhūriyyāt Mālī is a landlocked country in West Africa. Mali ...
.
Blaming the army
Although Kambanda pleaded guilty after receiving legal counsel, his lawyer argued that the prime minister was a "puppet" of the military, who had dragged him from his bank, after killing the previous prime minister, to legitimize their control of their country. He asked the ICTR for a sentence of two years because he acted "under duress with limited responsibility".
The court concluded that this defense against a charge of genocide was irrelevant.
In 2006 he testified for the defence of Colonel Theoneste Bagosora in the 'Military 1' trial of senior military leaders. That testimony was the former Prime Minister's first and only public testimony on the 1994 events in Rwanda and in which he said that he had never found a plan to commit genocide. The decisions of the ICTR regarding Kambanda have been subject to criticism.
Responsible but not guilty
In his appeal, Kambanda said that his confession had been in error, due to poor or misunderstood counsel. He said that his objective was not to plead guilty but to tell the truth. According to the ICTR appeal:
: "Kambanda noted that while he felt politically responsible for what happened, he did not feel guilty at the time and does not feel guilty now."
Legal legacy
As a head of government convicted by an international court, Kambanda is an important figure, with the verdict against him forming a precedent against the legal principle of State Immunity
The doctrine and rules of state immunity concern the protection which a state is given from being sued in the courts of other states. The rules relate to legal proceedings in the courts of another state, not in a state's own courts. The rules devel ...
(which was used to reject an extradition order for Augusto Pinochet
Augusto José Ramón Pinochet Ugarte (, , , ; 25 November 1915 – 10 December 2006) was a Chilean general who ruled Chile from 1973 to 1990, first as the leader of the Military Junta of Chile from 1973 to 1981, being declared President of ...
, for example).House of Lords Should Stand on "Right Side of History," says Rights Group
- Human Rights Watch on the implications of the Kambanda conviction to Pinochet case (from 1998).
References
External links
The BBC story on Kambanda's testimonyon the organization of the genocide, which forms an important source document for
Linda Melvern
Linda Melvern is a British investigative journalist. Early in her career, she worked for '' The Evening Standard'' and then ''The Sunday Times'' (UK), including on the investigative Insight Team. Since leaving the newspaper she has written seven ...
's book ''Conspiracy to Murder: The Rwanda Genocide and the International Community'' (2004) Verso
The ICTR official transcriptof the sentencing phase, including Mr. Jean Kambanda's acknowledgement of his original guilty plea.
Commentary from the Center for International Human Rightson the Kambanda case, concerned that the former prime minister and his fellow accused were 'ordinary men'. Although admitted crimes of action and inaction are cited, the commentary notes that Kambanda and
Jean-Paul Akayesu
Jean-Paul Akayesu (born 1953 in Taba) is a former teacher, school inspector, and Republican Democratic Movement (MDR) politician from Rwanda, convicted of genocide for his role in inciting the Rwandan genocide. Life
Akayesu was the mayor of Ta ...
(his fellow accused) were "Pillars of their communities". It concludes:
:: "Of what are ordinary human beings capable -- be it in Rwanda, Bosnia, Cambodia, El Salvador or elsewhere? Who is capable of genocide? And who is not?"
Judgment and Sentence of Jean Kambanda
The Sacrifice of Jean Kambandais a detailed account of the Kambanda trial and the politics & jurisprudence of ICTR, written by the
California Western School of Law
California Western School of Law is a private
Private or privates may refer to:
Music
* " In Private", by Dusty Springfield from the 1990 album ''Reputation''
* Private (band), a Denmark-based band
* "Private" (Ryōko Hirosue song), from th ...
(2004).
::The thesis is that Kambanda's conviction was accelerated to bolster confidence and support of the court within Rwanda. The principal charge against the workings of the
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda (ICTR; french: Tribunal pénal international pour le Rwanda; rw, Urukiko Mpanabyaha Mpuzamahanga Rwashyiriweho u Rwanda) was an international court established in November 1994 by the United Nation ...
is that Kambanda's right to counsel was overridden.
::Although he was able to select his own choice of lawyer from a screened list, the court's Registrar held the final say. Not only was his attorney chosen by the court that was prosecuting him, the registrar is officially required to select a counsel 'prudently' with regard to their cost, and
French and
Canadian
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of ...
lawyers were initially excluded from the list (despite these countries supplying the majority of qualified French speakers who have passed the ICTR bar).
::Kambanda's decision to defend himself for four months was scarcely recorded in the court's proceedings, and when he opted for counsel, the first act of the counsellor (who is characterized as 'inept') was to sign a confession to the prosecution's case. This analysis concludes that the appeal was strategically flawed, and that the probable reason for the legal "carelessness" was that Kambanda was the face of genocide in Kigali; no more time could be wasted before he was given the court's most severe punishment, without recourse to appeal.
::Ultimately, the critique is not on the grounds of justice (Kambanda was certainly guilty), but concern that the court ultimately produced a
show trial
A show trial is a public trial in which the judicial authorities have already determined the guilt or innocence of the defendant. The actual trial has as its only goal the presentation of both the accusation and the verdict to the public so th ...
, since his appeal may not have been thrown out by the U.S. courts.
The International War Crimes Tribunal for Rwanda (ICTR) pressroom report on the Kambanda appeal- in which, among other things, the reasoning of incompetent representation and the credibility of a mistaken confession are rejected.
{{DEFAULTSORT:Kambanda, Jean
1955 births
Living people
People from Southern Province, Rwanda
Hutu people
Republican Democratic Movement politicians
Prime Ministers of Rwanda
People convicted by the International Criminal Tribunal for Rwanda
Rwandan people convicted of genocide
Rwandan people convicted of crimes against humanity
Rwandan people imprisoned abroad
Prisoners and detainees of Mali
Rwandan prisoners sentenced to life imprisonment
Prisoners sentenced to life imprisonment by international courts and tribunals
People extradited from Kenya
Rwandan politicians convicted of crimes
People convicted of incitement to genocide