Rwandan Genocide: Trial Chamber Rules Félicien Kabuga Mentally Unfit for Trial [1]
On June 6th, 2023, the Trial Chamber of the International Residual Mechanism for Criminal Tribunals, also known as “The Mechanism Trial Chamber,” ruled [3] that Félicien Kabuga, accused of bankrolling the Rwandan Genocide, is unfit to continue standing trial due to “progressive and irreversible” dementia. As a result, the Chamber will adopt a substitute for the traditional trial procedure, but “without the possibility of a conviction.” However, the Chamber found that substituting the traditional trial for a “finding of facts” would deny Mr. Kabuga significant lines of defense and opportunities for acquittal.” Nevertheless, the Prosecution will still be charged with proving the actus reus (the mental state at the time of the crime) and mens rea (the physical act of committing a crime) of each charge without reasonable doubt. Mr. Kabuga would not be required to attend the substitute procedure. According to The New York Times [4], Mr. Kabuga has been charged with “genocide, incitement to commit genocide, conspiracy to commit genocide, persecution, extermination and murder,” a conviction could have resulted in a maximum sentence of life imprisonment.