I knew that, for lack of legal knowledge, Kagame’s prosecutors would land for this theory; joint criminal enterprise (JCE). I said to myself, the world has a chance to know that your lawyers are half baked.
1. JEC “theory” was created by Judges at the International criminal Tribunal for Rwanda and Yugoslavia in Milutimovic et al.; the Judges’ strategy was to find a way to trap government officials they could not pin down under Conspiracy because there was no evidence to prove that those particular officials had participated in the alleged crimes. Even then, the ICTR/Y limited their “theory” to war crimes.
2. Decesions of UN created courts, like ICTR/Y do not become law (Precedents)because those Courts are a political compromise that is not necessarily about Justice. UN sanctioned courts can even act illegally. Why? nothing of their decisions is legally binding and, of course, no Sovereign is responsible for such decisions.
3. JEC is not recognized prosecute theory in criminal law; the ICTR/Y coiled this thing for war crimes.
4. JCE is unconstitutional to the extent the Rwandan contititution provides that criminal liability is personal. The ICTR/Y is not bound by this Constitutional rule (refer to 2 above). It’s silly and lack of legal knowledge for Rwanda to apply this unknown prosecution theory at law.
5. Because of the poor quality of education in Rwnda, in general, and legal education in particular, Kagame’s prosecutors stupidly believe that (i) decision of ICTR /Y is law, Precedents, (ii) whatever the ICTR/Y did can be done by the Sovereign, (iii) JCE is an inchoate crime and (iv) JCE is a prosecution theory, the equivalent of Conspiracy. Poleni sana!!
Like I said, Rusesabagina’s case will shake your junta from the roots.
By Prof. Charles Kambanda
