By Prof Charles Kambanda
KAGAME does not know that espionage and spying are crimes in all countries. By chesttbumping over deploying spies to Uganda and other neighboring countries, Kagame made stunning confession to a serious crime. His statement is classic admission, at law.
Kagame should educate himself on the scope of Article 3 (1) (d) of the Vienna Convention on Diplomatic Relations, 1961; he appears to think that the type of information countries are allowed to collect from other countries, under 3(1) (d) of the Vienna Convention, is unlimited. The foreign individuals allowed to collect Article 3(1) (d) are known. Any other person deployed in a foreign country, for purposes of clandestine info collection, is a criminal.
Article 3(1) (d) of the Vienna Convention on Diplomatic Relations provides that “The functions of a diplomatic mission consist, inter alia, in: […] (d) Ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State”.
Mr. Kagame, all acts beyond Article 3(1) (b) are called espionage and/or spying. All acts beyond Article 3 (1) (b) are expressly prohibited under Articles 41 of the Vienna Convention on Diplomatic Relations.
Article 41 provided thus: “(1) Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State. (2) All official business with the receiving State entrusted to the mission by the sending State shall be conducted with or through the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed. (3) The premises of the mission must not be used in any manner incompatible with the functions of the mission as laid down in the present Convention or by other rules of general international law or by any special agreements in force between the sending and the receiving State”.
I appreciate your limited formal education. However, your Attorney General should have advised you over these plain issues that Nicaragua v. The United States of America (1986) ICJ 1 discussed in great details.
Mr. Kagame, your confession that you are involved in espionage and spying in Uganda and the neighboring countries means that Uganda has right to apprehend and prosecute your spies. In addition, to the extent your spies are armed, your acts in Uganda amount to an armed attack. Therefore, Uganda is is allowed to invoke its Article 51 (of the United Nations Charter) remedies.
