On 22 October 2009 the UK Government tabled an amendment of a law that will help close a legal loophole, which has in the past allowed genocide and war crimes suspects to visit or live in the UK without fear of prosecution.
Under the current law those suspected of genocide, crimes against humanity and most war crimes cannot be prosecuted in the UK, if the crimes were committed before 2001 – the year the International Criminal Court Act was established. Non-residents such as students, tourists or asylum seekers, without residence status, were not prosecutable even if those acts were committed after 2001.
Under the new amendment all those who have leave to enter the UK to work or study, anyone seeking asylum or those who have been refused asylum but cannot be returned home, would be considered legal residents for the purposes of this legislation.
People like Felicien KABUGA, alleged financier of the Rwandan genocide, who has lived freely in the UK since the 1990s will no longer be protected by UK law and can now be brought to justice. If other European countries followed the UK’s example it would allow for the prosecution of many other Rwandan genocide perpetrators, including government members, MPs, soldiers and other high ranking officials, currently living freely in Europe. This decision comes fifteen years since the Rwandan genocide and although many perpetrators live freely, many survivors are still suffering the consequences.
For genocide survivors like me, it is” better late than never”. This change comes fifteen years after losing relatives, being tortured, raped, humiliated but at least there is hope that now justice is going to done.
However, many perpetrators keep moving around the world, escaping justice. The UK government should take the initiative to persuade other European Union countries to follow their example, to ensure that all European criminal justice systems are designed to deal with cases of this nature.
Many thanks to Aegis Trust and all the human rights activists and organizations who influenced the adoption of this crucial change in law.
Aegis Students Rwanda
Read more about the impunity gap