Felicien Kabuga, a key figure accused of financing the 1994 Rwandan genocide, will not face trial due to his deteriorating health. The United Nations appeals judges on Monday indefinitely suspended his war crimes trial, citing dementia, a decision that effectively halts the proceedings that began last year in The Hague.
Kabuga, 90, has been linked to the genocide that resulted in the deaths of more than 800,000 Tutsis and moderate Hutus over a span of 100 days. His involvement included financing Hutu militias and facilitating hate speech through his media outlet, Radio Television Libre des Milles Collines (RTLM). He was arrested in France in 2020 after years on the run and later transferred to The Hague for trial.
While the trial initially moved forward, concerns over Kabuga’s mental fitness led the lower court in June to rule that he was unfit to stand trial. Prosecutors proposed an alternative procedure to ensure some form of justice, but the appeals court rejected this, stating that there was no legal basis for a modified trial process. The judges ordered an indefinite stay of proceedings and requested a review of Kabuga’s continued detention.
The court acknowledged that the decision would likely disappoint survivors and victims of the genocide, who have long awaited justice. However, they emphasized that justice must be carried out through fair trials that respect the rights of the accused.
Kabuga had pleaded not guilty to charges of genocide, incitement to commit genocide, conspiracy, and crimes against humanity. His radio station was notorious for broadcasting propaganda that incited the killing of Tutsis, and he was also accused of supplying weapons, including machetes, to Hutu death squads.
So far, 62 individuals have been convicted in connection with the Rwandan genocide through the International Residual Mechanism for Criminal Tribunals. Kabuga’s case was one of the final major trials, and his indefinite unfitness to stand trial marks a significant moment in the quest for justice for the atrocities committed in 1994. The court is now tasked with determining the conditions for his potential release.
