Delivery of French weapons to Rwanda

Type of liability
Personne physique

Alleged perpetrator(s)
“CK”, X

Nationality of alleged perpetrator(s)
French

Legal classification of crime(s)
Complicity in genocide
Complicity in crimes against humanity

Source of the complaint
NGO

Ongoing proceedings
oui

Regime
1 - TPIR/TPIY
4 - 113 CP

Summary of facts

The French political and military officials in office during the genocide in Rwanda in 1994, including the President of the Republic (F. Mitterrand), ministers, and members of ministerial cabinets or of the General Secretariat of the Élysée, allegedly delivered weapons to the perpetrators of the genocide from January to July 1994, including after the arms embargo imposed by the United Nations on May 17, 1994.

Amnesty International France recalls that everyone is presumed innocent until proven guilty according to law.

Legal proceedings

January 11, 2002: Survie, the CRF and FIDH file a complaint with civil party application before the senior investigating judge of the Lyon High Court against CK, on charges of “genocide” and “complicity in crimes against humanity”. 
August 9, 2005: The Criminal Chamber of the Court of Cassation grants the application for transfer of the case filed by the Prosecutor General at the Amiens Court of Appeal and, in the interests of the proper administration of justice, designates the Paris investigating judge to handle the proceedings. 
November 2015: Survie files a complaint for “complicity in genocide”. 
September 22, 2016: The complaint is dropped by the prosecutor of the Crimes Against Humanity Unit on the grounds that the possible criminal liability of the President of the Republic (in this case F. Mitterrand, who died in 1996) could only be engaged in the event of high treason, while that of the ministers fell within the jurisdiction of the Court of Justice of the Republic. 
June 28, 2017: Survie files a second complaint, against X, with civil party application, for “complicity in genocide” and “complicity in crimes against humanity”. 
February 2018: An investigating judge was appointed once the Directorate of Legal Affairs of the Ministry of the Armed Forces had transmitted its opinion to the Public Prosecutor’s Office.

Legal issues

Immunity of the French President and Ministers

Complaint

oui

Names of NGOs / Victim(s)

Survie
CRF
FIDH

Legal basis for jurisdiction (article)

Law No. 96-432 of May 22, 1996
113-6 PC

Court of Assizes judgment

n/a

Court of Appeal ruling

n/a

Court of Cassation ruling

n/a

Sources

France Inter, « Livraison d'armes au Rwanda : une plainte vise des responsables politiques et militaires français », 2017

Survie, « Nos actions judiciaires concernant le génocide des Tutsis au Rwanda », 2019

Legifrance, « Etude d'impact - Projet de loi relatif à la répartition du contentieux et à l'allègement de certaines procédures juridictionnelles », 2010