Brussels Assize Court, Prosecutor v. N.F., Nr. FD30-98.102/02, 19 December 2019
In this criminal judgment, a jury considered the question of guilt of the accused, N.F, for acts committed during the Rwandan genocide. Based on several witness statements, the jury concluded that the accused was guilty of the crime of genocide and fifteen counts of war crimes. Specifically, it was found that the accused provided assistance in the deliberate killing of members of the Tutsi ethnic group, such that without his assistance these crimes could not have been committed. The members killed were protected by the Geneva Conventions of 1949 and, consequently, their killing constituted a war crime. These war crimes were moreover part of the genocide of the Tutsis, and the jury found that the evidence presented proved that the accused held a genocidal intent. Conversely, the jury did not find the accused guilty of two counts of war cirmes with which he was charged for lack of information.
The judgment determines the criminal penalty of N.F., who was previously found guilty of genocide and fifteen counts of war crimes. The judgement states that N.F. benefits from mitigating circumstances because of his age. Ultimately, N.F. is sentenced to twenty-five years in prison. The penalty is decided on the basis of the gravity of the crimes committed, which are so serious that they have harmed the whole of humanity and threatened the peace, security and well-being of the world. Moreover, N.F. showed himself to be a leader with a will to exterminate the Tutsi population and incited others to do so as well. Finally, N.F. did not show any indications of having questioned his actions. On the contrary, during the trial, he continued to convey his genocidal ideology. This revealed him to pose a current and specific danger to society.
Brussels Court of Appeal, M.-N. F. et al. v M.L. et al., Nr. 2011 AR 292, 8 June 2018
In the early days of the Rwandan genocide of 1994, an estimated 2.000 men, women and children were massacred when a Belgian contingent of the UNAMIR peacekeeping operation abandoned the school facility where these persons had sought refuge. In the appeals procedure brought by the Belgian government as well as three former officers of the Belgian ‘KIBAT’ contingent against a prior interlocutory judgment, the Brussels Court of Appeal examined to whom the conduct of KIBAT may be imputed. In so doing, the Court affirms that responsibility for the conduct of UN peacekeepers can shift from the United Nations to the Troop-Contributing Country (TCC) if the latter exercises effective control over its national troops. The Court further draws a comparison with the conduct of the Dutch UNPROFOR battalion in the Mothers of Srebrenica proceedings in the Netherlands, but finds that the circumstances are different. In particular, it has not been established that the KIBAT soldiers left the ‘ETO’ school facility pursuant to the decision of the Belgian Government to withdraw from the UNAMIR operation. According to the Court, the imputability of the conduct of KIBAT did not transfer to the Kingdom of Belgium, as the UN retained effective control over its own troops. Consequently, the Belgian officers who gave the order to withdraw from the ETO school facility did so in their capacity as members of UNAMIR and enjoyed immunity from jurisdiction, whereas the claims brought against the Kingdom of Belgium were unfounded.
T. RUYS, L. FERRO, "Wie is verantwoordelijk voor het optreden van VN-blauwhelmen? De Rwandese genocide en de Belgische terugtrekking uit de Ecole Technique Officielle Don Bosco", Rechtskundig Weekblad 2020, Vol. 83, 1516-1519.
T. RUYS, "Mukeshimana-Ngulinzira and Others v. Belgium and Others", American Journal of International Law 2020, Vol. 114, 268-275.
Brussels First Instance Tribunal, M.-N.F., I.S. et al. v Kingdom of Belgium, M.L. et al., Nr. 04/4807/A, 8 December 2010
In the early days of the Rwandan genocide of 1994, an estimated 2.000 men, women and children were massacred when a Belgian contingent of the UNAMIR peacekeeping operation abandoned the school facility where these persons had sought refuge. Several relatives of the victims brought proceedings against the Belgian government and three former officers of the Belgian ‘KIBAT’ contingent seeking compensation. In its interlocutory judgement, the Court dismisses objections that the claims had expired. In addition, the Court asserts that the decision to evacuate the ‘ETO’ school facility was taken under the auspices of the Belgian government and not UNAMIR. Furthermore, the Court emphasizes that the defendants could not harbor any illusions as to the fate that awaited the refugees upon the withdrawal of the Belgian peacekeepers, and that the Rwandan refugees had lost a chance of survival as a result of the retreat of KIBAT.
C. RYNGAERT, Oxford Reports on International Law in Domestic Courts, 2010, 1604.