The BBC TWO revealed to the world what many of us knew about the Rwandan President. This is a man who is praised and supported by some personalities in the West, although they cannot tolerate a person of this kind in their own respective countries for a single day. Why then do they think his good for Rwandans?

This is the question the former Rwandan Army Chief Gen. Kayumba Nyamwasa asked   reporter Jane Corbin in a lengthy program that exposed  the most  horrifying  incidents of massacres of innocent Rwandans both in Rwanda and Congo by Kagame.

In this documentary there are many distortions of   facts on what might have happened in the hundred days during genocide. While Kagame and his Western backers  put the blame entirely on the  Hutus, the two American researchers have questioned the statistics of the population of Tutsis before and after genocide. They argue that before genocide Rwanda had an estimated 500,000 Tutsis and after genocide it is estimated that 300,000 survived. If the number of people died in the genocide is around One Million (1,000,000) it follows that 200,000 Tutsis and possibly some Hutus who were sympathetic to the RPF cause or wanted to protect the Tutsi where killed by interahamwe.

Who are the remaining 800,000 and who killed them?

A UN report expressing similar concerns was suppressed by RPF agents in the international community and whoever dares to question the accuracy of RPF gospel on genocide is labeled a genocide denier or is simply killed or incarcerated.

A  Belgian historian Prof Filip Reyntjens suggested that Kagame could be one of the “most important war criminals still in office today”. This is echoed by many legal experts who argue that there is no equivalence whatsoever with the Darfur atrocities in Sudan or massacres in Kanya after the 2007 disputed elections in which many people died. The international criminal court has issued indictments to both leaders of Kenya and Sudan respectively.

Why Kagame has survived all these storms? Is it guilt of the west for the inaction in Rwanda during Genocide? Are they accomplice in all these crimes of Kagame which makes them silent for fear of being exposed?

The bottom of the truth is not yet known, as the former Rwandan Ambassador to Washington and  one of the founders of the RPF Dr. Theogene Rudasingwa said: I don’t know why Mr. Blair really supports President Kagame and letdown the Rwandan people, may be in the future he will realize that he made the most serious mistake”.

This has reminded me the another British man Robert “Bob” Astles who was the right hand of President Idi Amin of Uganda in 1970s, while all people and governments had abandoned Idi Amin  Robert “Bob” Astles  remained his closest advisor until the demise of Amin’s regime in 1979.

The legal questions for the crimes leading to genocide are, did Kagame shoot the plane? If the plane was not shot would genocide have happened? Or would it have happened on the same magnitude?

Here we shall apply the rule of causation in Criminal law; the defendant must be proved to have caused the victim’s death (although the defendant’s act need not be the sole or the main cause of death). Two matters need to be considered: did the defendant in fact cause the victim’s death, and if so, can he be held to have caused it in law? Further problems may arise where, after the defendant has inflicted an injury on the victim, some other act or event intervenes before death; or where the defendant receives negligent medical treatment. The victim may also die attempting to escape from the defendant. We have to apply two sub rules in the rule of causation;

  1. A)   Causation in fact

To establish causation in fact, the “But for” Test established in R v White [1910] 2 KB 124 must be applied. It must be proved that, but for the defendant’s acts, the death of the victim would not have occurred:

R v White [1910] 2 KB 124. The defendant placed poison in a glass containing his mother’s drink. She drank the contents of the glass, but died of heart failure before the poison could take effect. The defendant was charged with murder but convicted of attempted murder. With regard to causation in fact, the defendant’s act in placing poison in his mother’s drink did not in any way cause her death. If one were to ask, “But for the defendant’s act would his mother have died?”, the answer would obviously have to be yes; she would have died anyway, thus disproving causation in fact.

In the above rule of causation in fact the former Rwandan Gen. Kayumba Nyamwasa who said he was in possession to know that Kagame ordered the shooting the Plane of the former Rwandan President, gave an example that if it’s a dry season and an arsonist lights a match on the dry grass, who would be blamed if the fire burns and destroys peoples property?

  1. B) Causation in law

In R v Smith [1959] 2 QB 35, it was held that the defendant’s act would be regarded as the cause in law if it could be shown that it was the operating and substantial cause of the victim’s death. All the indications in the Rwandan genocide indicate that Kagame knew or ought to have known that the downing of the Rwandan presidential plane would have caused chaos and unnecessary death of innocent people.

Killing and massacres continued even though RPF had captured almost the whole country. It is also estimated that RPF military under the instructions of President Kagame killed more people than those killed during the genocide in different places in Rwanda.

For example the Kibeho massacre which is not even disputed by Kagame himself although he disputes the number of people killed by his man Gen. Fred Ibingira.  The Four Bishops who were killed in Gakurazo and were buried in the mass grave without even prayers is a vindication of not only Kagame’s crimes against humanity but a systematic killing of innocent civilians.

Therefore Kagame is not only a war criminal but a serial killer who has continued to terrorize his own people both in his country and even abroad where they sought protection from his murderous regime. The international community and his admirers like Mr. Tony Blair, President Bill Clinton and Pastor Rick warren should review their relationship at the earliest time possible.

Jacqueline Umurungi