Event: AISMUN 2003 [ICJ]
Advocates: Hamad Al Essa (lead)Ahmad Shammari (second)
Evidence "a": Looting of Congo
"The report says nothing new and like previous reports simply recycles unsubstantiated allegations and blatant falsehoods. the government of the Republic of Rwanda has previously stated and maintains that these politically motivated reports are lacking in facts but abundant in insinuations and accusations, whose negative consequences to regional peace and stability are all too clear"
1. " Before long, however, Kabila began his own anti-democratic crusade. Within a few short months of taking power, the new president banned political parties, suspended civil rights, and was reported to be fueling ethnic hatred. As reports of growing unrest and abuse trickled in, the U.S. held to a policy of engagement with Kabila, largely disregarding the voices of the democratic opposition and civil society groups struggling for reform within the country. "
World Policy Institute "Report on African World War"
2. The Rwandan government fought armed opponents largely in the neighboring Democratic Republic of the Congo (DRC), where its troops committed numerous violations of international humanitarian law. (See section on Democratic Republic of Congo). Its soldiers suppressed an insurgency in northwestern Rwanda in 1998 and 1999, with enormous civilian casualties. But small groups of insurgents resurfaced in Gisenyi prefecture in December 1999 to massacre thirty-one Tutsi at Tamira and in May 2000 to kill nine persons at Rwerere. In May others killed three secondary school students and wounded three others in Kinigi and killed two Local Defense Force members in Ruhondo, both in Ruhengeri. Insurgents recruited adherents, supposedly including children, to serve as combatants.
Soldiers reportedly killed civilians suspected of being insurgents in Rubavu, Ruhondo, Giciye, and Karago communes and imprisoned many others, some of them in military facilities, like the Milpoc detention center in Gisenyi, where they suffered from harsh conditions and in some cases from torture.
In the southeast in midyear, several bodies were sighted floating down the Akagera River, and other persons were said to have "disappeared." Apparently reflecting fear of increased violence, more than three thousand mostly Hutu Rwandans from this region fled to Tanzania from April to July, twice the number for all of 1999.
Members of the Local Defense Forces-young people recruited, trained, and armed by the government supposedly to defend their communities-killed more than a dozen people and raped and robbed many others in different parts of the country. Nominally under the supervision of local authorities, they in many cases escaped punishment for their abuses.
The government reportedly forcibly recruited men and children for the army and the Local Defense Forces. Authorities freed some 300 military detainees and prisoners from Rilima and Kibungo prisons in mid-year, supposedly because they agreed to go fight for Rwanda in the DRC.Copyright 2001 Human RIghts Watch
5.The Rwandan League for Promoting and Defending Human Rights (La Ligue Rwandaise pour la Promotion et la Défense des Droits de l'Homme, LIPRODHOR) effectively documented abuses, particularly outside the capital, and monitored judicial proceedings related to the genocide. It also conducted a poll showing that 93 percent of the respondents favored the proposed gacaca system. LIPRODHOR, as well as other local human rights organizations, prepared to assist the gacaca process, both through training programs and by monitoring the sessions. The Association for the Defense of Human Rights and Public Liberties (Association pour la Défense des Droits Humains et des Libértés Publiques, ADL) carried out a useful study of villagization. The regional umbrella group, League for the Defense of Human Rights of the Great Lakes (La Ligue des Associations de Défense des Droits de l'homme des Grands Lacs, LDGL), began a campaign among its member organizations to end impunity in the region and to extend the mandate of the International Criminal Tribunal for Rwanda into Burundi and the Democratic Republic of Congo.
Extracted from the Human Rights Watch Report "Defending Human Rights, Rwanda"
Evidence C: Hutu Discrimination
1. The speaker of the national assembly, the prime minister, and the president all quit their posts under pressure within the first three months of the year, leaving a shrinking circle of power holders in control of the Rwandan government. The former vice-president, General Paul Kagame, was elected president in April by the assembly, and for the first time openly presided over the government he had reputedly run from behind the scenes since 1994. Kagame, from the Tutsi minority, replaced a Hutu president, thus ending the practice of having a member of the majority ethnic group serve as titular head of the republic. A reshuffle of cabinet positions gave ten of eighteen seats to Kagame's party, the Rwandan Patriotic Front (RPF), violating the arrangements made in the Arusha Accords of 1994
Copyright 2001 Human RIghts Watch
The World Court on Wednesday rejected a request by Congo to immediately order Rwanda to withdraw its forces from Congolese territory, saying it had no legal basis to intervene
World Court Rejects Congo Request to Intervene Against Rwanda by Anthony Deutsch
A. There is a systematic pattern of ethnic persecution, massacring, abuse and genocide of local Tutsi citizens in the Eastern Congo committed by the Congolese army.
1. Evidence 1A 2. Evidence 1B 3. Evidence 1C 4. Witness I: Red Cross Expert 5. Witness II: U.S. Ambassador from the GA
C. Rwanda aided in removing Mubutu from power, and brought an end to Mobutu’s abuse to the Banymulenge and helped put the current Kabila government in power. Now, the Kabila government has alienated Rwanda and its allies and has abused the Banymulenge in much the same way as Mubutu did when Rwanda was fighting alongside the Kabila government. 1. Evidence 3A 2. Witness II: U.S. Ambassador from the GA 3. Witness III: Congolese ambassador from the GA
D. The international community is grateful for Rwanda’s efforts in ending human rights abuses and maintaining peace and stability in the region. 1. Witness I: Red Cross Expert 2.Witness II: U.S. Ambassador from the GA
E. The effects of Rwanda’s commitment to maintain peace and end abuses and Congolese genocide and aggression on the Rwandan economy were drastic and require great compensation. 1. Evidence " 5A" 2.Witness IV: Economist
F. At no time did the Congo formally request the Rwandan army to leave. 1. Witness II: U.S. Ambassador from the GA 2. Witness III: Congolese ambassador from the GA
G. The Congolese continue to harbor individuals guilty of atrocities against Tutsi citizens. 1. Witness II: U.S. Ambassador from the GA
H. The Congolese troops are incapable of maintaining the security and stability of the occupied territories and bringing the Hutu militia to justice. 1. Witness I: Red Cross ExpertI. The Congolese army has been aiding the Hutu militias. 1. Witness II: U.S. Ambassador from the GA 2. Witness III: Congolese ambassador from the GA
All evidence, depositions and witness summaries are annexed hereto.
"I come from a country that has been undergoing terrible tragedy in which the people fear that they have been abandoned by the entire international community. Today, all reports are making a case of a humanitarian catastrophe taking place where about 3,000,000 people have died and nobody is looking into it. My church has been a witness to all the violence that has taken place in the region since 1990, especially the wars that have taken place in 1996 and 1998 in following the drama in Rwanda and Burundi, and that, you know, has been dramatic for the whole region. Bishops, priests and nuns have been killed. Women have been raped. Women have been killed, and there have been massive rapes organized. As you probably heard, there has been an effort to even expand panic into the region by organizing massive rapes of women and girls. All this is systematically organized by the Hutu warriors and the Congolese army, and brings terror upon the Banymulenge Tutsis in Eastern Congo"
Father Jean-Bosco Bahala Priest in a Rwandan Church May 17, 2001, in a special hearing organized by the US senate
"Systematic torture has led to the death of several persons, such as Kolombo Ilunga in July, who was arrested by the police in Lubumbashi and whose corpse was found in the morgue, and Kituni Masudi, who was arrested on 7 October and died on 12 October as a result of torture at the hands of ANR and the Detection of Unpatriotic Activities Police (DEMIAP) in Kinshasa: he was forced to sit on a burning grill, his legs were broken with a hammer and he was beaten over and over."
Extracted from "Report on the situation of human rights in the Democratic Republic of the Congo" ECOSOC- Commission on Human Rights
"Human rights activist and president of the Committee of Human Rights Monitors N’sii Luanda Shandwe has been detained since April 2002 because of his legitimate human rights activities. He fell seriously ill while held in Kinshasa’s main prison, the Centre Pénitentiaire et de réeducation de Kinshasa (CPRK). On top of typhoid and acute malaria, he suffered severe stomach pains for which prison doctors recommended he receive an operation and specialist treatment. Prison authorities failed to heed this recommendation for several weeks until finally he was transferred in late September to a clinic, where doctors removed his appendix."
"The Banyamulenge, ethnic Tutsis settled for generations in south Kivu, had spearheaded the ADFL rebellion in 1996 to assert citizenship rights that Mobutu’s government moved to deny them. They again rose in August, this time against their former ally President Kabila, claiming that he had usurped power and failed to resolve their nationality concerns. Neighboring Rwanda and Uganda intervened on their side, as they did during the first war, exposing a dramatic falling out between them and the man they helped carry to power."
Extracted from Human Rights Watch report titled: DR Congo
"The 1994 genocide decimated Rwanda's fragile economic base, severely impoverished the population, particularly women, and eroded the countries ability to attract private and external investment."
The CIA World Factbook
Witness I: Red Cross Expert (Sara Al- Dukair)
After indicating that she has been a first-hand witness to daily life in the conflict-stricken region by Lake Kivu over a long period of time, the witness is to answer the questions below in the basic way outlined: Q: Are Tutsis being systematically persecuted and massacred in the region by Congolese-backed rebels? A: Yes, definitely. Q: Is it true that the number of daily killings is great and usually ranges in the thousands? A: Yes. Q: Has the presence of the Rwandan Army in the region significantly lowered the number of deaths and abuses committed by the Congolese-backed rebels? A: Yes, greatly. Q: Is your organization, the Red Cross, grateful for Rwanda’s efforts in ending the monstrous atrocities committed daily against the Tutsis? A: Yes, Rwanda has done a great deal in trying to achieve peace and stability throughout the region and the Red Cross is greatly thankful for that …
Witness II: U.S. Ambassador from the GA (Himself)
After indicating that the U.S. is greatly concerned and has been closely following the region for many years, the U.S. ambassador to the GA is to answer the basic way outlined:Q: Is the U.S. concerned with the developments in the region over the past decades and has it been following the events closely? A: Yes … Q: Does the U.S. agree that Tutsis are being systematically persecuted and massacred and that this is backed by the government of Congo and President Joseph Kabila? A: Yes definitely. Q: Has the presence of the Rwandan army reduced the number of persecutions and massacres? A: Yes, significantly. Q: Can you briefly tell us how President Laurent Kabila, father of current president Joseph Kabila, was put in to power? A: President Kabila was put in to power after a war was fought against the corrupt government of Mobutu in which Rwanda had an active role. In essence, Kabila was put in to power with the help of Rwanda. Q: Does the U.S. not agree that the Kabila government is following in the footsteps of Mobutu by persecuting innocent Tutsis? A: Yes. Q: And does this not deserve sever consequences? A: Yes! Q: Is the U.S. grateful for Rwanda’s efforts in bringing peace and stability to the region? A: Definitely Q: Does Rwanda not deserve monetary compensation for these endless efforts. A: Definitely. The DPR must be forced to pay a compensation to the destruction it’s war has caused to the Rwandan economy. Q: Is the U.S. aware of any formal request by the Congolese government for the Rwandan Army to leave? A: No, definitely not. Q: Does the U.S. posses any intelligence that leads it to believe that the Congo harbors individuals guilty of committing atrocities against innocent Tutsi citizens? A: Yes, we have reason to believe so. Q: And does the U.S. also posses intelligence that leads it to believe that the Congo has been aiding Hutu militias? A: Yes, definitely.
Witness III: Congolese ambassador to the GA (Himself)
Through his knowledge of the history of The DPR Congo and his ignorance towards some of the points being debated in the ICJ case, the Congolese ambassador will help prove major point in answering the questions outlined below:Q: Who is the president of Congo? A: Joseph Kabila. Q: And can you tell us how he came into power? A: President Kabila was put in to power after a war was fought against the corrupt government of Mobutu. Q: And did Rwanda not take part in this war? A: Yes. Q: So, in essence, was not Kabila put in power with the help of Rwanda? A: Yes. Q: Did the Congo formally request the Rwandan army to leave? A: No. Q: (If previous answered yes) Can you specify this request and quote parts of it? A: Definitely No !! Q: Does the Congo not support and aid the Hutu militia? A: No. Q: The how can you explain the funding received by them that has been routed to the Central Bank of Congo and the fact that their weapons match Congolese army issued arms and weaponry? A: I can’t.
1. What Rwanda (us) are will ask the ICJ for: a. The right to stay in the Rwandan rebel-controlled area and protect the Banymulenge Tutsis from harassment and discrimination from Congolese troops. b. Congo to give up the land on which the Banymulenge live to Rwanda, seeing that Congo has been harassing and committing genocide and severe human rights abuses since the Mubutu years, and Rwanda has been striving to protect them. c. Monetary and Financial compensation from the Congo for all the funds Rwanda has spent protecting the Banymulenge throughout the years.2. What Rwanda will intend to prove: a.The Congo has been abusing, massacring and committing genocide against the Banymulenge in extremely great numbers. b. The presence of the Rwandan army has significantly lowered the deaths and abuses. c. Rwanda is not stealing. d. The international community is grateful for Rwanda’s efforts in ending human rights abuses in the region. e. The effects of Rwanda’s good deeds on the Rwandan economy were drastic and require great compensation. f. Rwanda aided in removing Mubutu from power, and brought an end to Mobutu’s abuse to the Banymulenge and helped put the current Kabila government in power. Now, the Kabila government has alienated Rwanda and its allies and has abused the Banymulenge in much the same way as Mubutu did when Rwanda was fighting alongside the Kabila government.
Evidence The Rwandan Side Likely Needs to Counter "a": Looting of Congo
1. "The criminal acts, murders and looting are part of the scorched earth strategy being practiced by Rwanda on Congolese soil"
The DRC's Human Rights Minister, Alphonse Luaba told the court
The DRC's Human Rights Minister, Alphonse Luaba told the court
2. Rwanda, Uganda and Burundi have looted the natural resources of the Democratic Republic of Congo,
According to the United Nations.
3. The head of the panel, Safiatou Ba-N'Daw of Senegal, said the panel lacked evidence to accuse Ugandan President Yoweri Museveni and Rwandan President Paul Kagame of being directly involved in the trafficking, but she said they were aware of it
In addition to the attacks to punish supposed complicity with their enemies, the RCD and its allies, and the Mai-Mai and Hutu militias have all attacked civilians to pillage their goods. They rob the poor to get their crops or animals. As one witness remarked, They have sent Congolese soldiers without any means to pay them, so to feed themselves, these soldiers have to go through the villages and take the harvest. The soldiers pass from town to town stealing from the population. They rob the rich to get their money or other goods. On February 1, 2000, for example, a group of more than twenty Congolese RCD soldiers arrived at the home of Valentin Makuta, a prosperous merchant who lives in the Kadutu area of Bukavu.
According to witnesses, some soldiers entered the house, while others rounded up the children who were in the compound and forced them into the house, beating one girl. The soldiers, who spoke Lingala and Swahili, told the family that they were looking for Mai-Mai, but their primary interest seems to have been theft. The soldiers demanded money and beat members of the family with the butts of their guns. They threatened one daughter with a knife and cut her in the face. Her father went to get money for them, but at least one of the soldiers opened fire, and the family scattered. One daughter was hit by four bullets-once in the leg, twice in the right arm, and once in the chest. When the father gave money to the soldiers, one cut him with a machete. The assailants discussed killing him but decided to spare his life because he had given them what they wanted. A neighbor who had gone to help the wounded girl was herself shot in the foot as she tried to carry the girl to safety.
As is often the case in such circumstances in the major cities of Goma and Bukavu, military authorities undertook only a limited investigation following this robbery and have made no arrests. The unprovoked use of violence in the crime is typical: even when people give their money or other goods without resistance and follow the orders of their assailants, they may still be shot, stabbed, beaten, or raped, adding to the terror of such attacks.
EMAIL CONCERNING WOMAN ABBuSE:
From: Margaret Owen Widows for Peace and Reconstruction email: 36 Faroe Road London W.14 OEP Tel/fax:: 0207 603 9733 Sent: Tuesday, August 20, 2002
Subject: Abuse of women at Rwanda International WCT
To Whom It Concerns:
I am an international human rights lawyer focusing on widowhood issues in conflict resolution and reconstruction. I have just returned from a fact finding mission to Rwanda during which time I have gathered detailed evidence from Rwandan women testifiers of outrageous and disgusting breaches in the Tribunal Rules of conduct by judges and lawyers there in Arusha.
Many women have described to me a raft of appalling human rights abuses in the legal proceedings. They are not represented or assisted by lawyers and are at the mercy of unscrupulous and often obscene cross-examination by the defense. Nor have they been given any witness protection as the Rules of the Tribunal require. Thus these women, mostly widows of the genocide, are routinely subject, on their return to their villages, to intimidation, violence, and even death at the hands of the families of the accused; or those killers, still at large, who fear they too will denounced by the rape victims.
At the Tribunal, defense lawyers are being permitted to systematically degrade and discredit women already traumatised by genocide, rape and deliberate infection of the HIV/AIDS virus. For example, lawyers demand that a woman repeatedly name (unnecessarily and in extreme detail} sexual organs and how they were used; medical documents sent to the Tribunal providing information on injuries sustained have been conveniently lost, else surely this line of examination could not be allowed? The court room is vast, alien and full of observers, officials and press, adding to the distress of these courageous women.
Furthermore, several women have reported that lawyers for the accused and judges have "mocked" and humiliated them through joining in the general laughter at their embarrassed responses, dismay and silence. Few of the Tribunal's interrogators are female. Women witnesses told me of how they had been sexually molested by male officials of the court during the preparatory interviews. There is only onefemale judge.
A number of women have paid with their lives for seeking justice and using their human right to stand up in court and testify. Some female witnesses have been murdered. The Judges take no action to prevent and punish the copying of confidential court transcripts back to the communities where the widows are still living among the killers. The Tribunal Rules require confidentiality. There are even alleged killers among Tribunal staff. It is commonly agreed that corruption and nepotism is rife within the court system.
To add injustice to injury those accused of crimes against humanity, many with AIDS, are lodged in Arusha with adequate food and combined drugs therapy to keep them alive. Among them are the rapists who knowingly infected their victims with HIV AIDS. Their female rape victims are not given similar support. Without the appropriate AIDS drugs, adequate shelter or food they will die and the prosecutions will fail.
The advocacy group AVEGA (Widows of the Genocide of April 1994) are so disgusted with the manner in which the War Crimes tribunal is conducted that they have severed all cooperation with the Tribunal. They provide refuge for some of the widows who, having survived reprisals after testifying, have had to flee their home villages for their lives.
Can I ask Telegraph readers to support our plea that the British Government act swiftly to ensure that these allegations are promptly investigated? The UN must restore confidence in the International Tribunal by sacking the judges involved in these cases. Last week the UN Security Council resolved that eighteen "ad litem "judges will to be appointed in order to expedite the hundreds of pending cases. The UK could take a lead to ensure appointments include a sufficient number of women (and men) who have been properly trained to deal with rape as a crime against humanity. Failing to take action will obstruct all efforts towards conflict resolution and reconstruction.
The UN Security Council must also put pressure on the Government of Rwanda to fulfil its legal obligations for witness protection. It has a legal duty to apprehend, prosecute and detain those who, in gross contempt of court take reprisals (or threaten to) against the women survivors of the genocide who alone can testify to the appalling crimes. The International Community must increase its aid to support the genocide survivors, mostly widows, on whose testimonies depends the successful prosecution of the genocide perpetrators. Aid must include combined therapy drugs, shelter and food. These basics are desperately needed now to keep them alive, not only to give the testimonies to the International Tribunal and to the "Gacaca", but so that the millions of orphans, the sick, the wounded, the traumatised and the elderly for whom they are the only support can also survive. There can be no reconstruction or peace without basic justice.
It is scandalous that a Tribunal set up by the UN itself should be guilty of this gross abuse of women's human rights, and add to the trauma already experienced. We call upon all organisations to join us in this appeal.
Honorable judges, respectful opponents, and all those present, good morning. I am Hamed Al- Essa, (and I am Ahmed Al- Shammari), and it gives us great pleasure to be representing Rwanda today in the International Court of Justice.
To understand the conflict at hand today, one must fully comprehend its history and its roots, which date back to the early Mobutu years and continue, regrettably, to this very day. Before giving a brief historical background on the situation at hand, Rwanda would like to take this opportunity to reaffirm its commitment to maintaining peace and stability in the region. For many years now, the Rwandan army has been present in the conflict-stricken region by Lake Kivu, ensuring than no Tutsis are harmed or massacred by the vicious and bloodthirsty Congolese troops and rebels. Rwanda firmly believes that the Banymulenge Tutsis are entitled to their rights as human beings, and we will stand for these rights no matter what the cost.
The conflict at hand today first arose in the Mobutu years. Then president Mobutu began stripping the Banymulenge Tutsis of their citizenship and massacring them. Alongside the Kabila government of today, Rwanda fought the Mobutu government, determined to bring an end to the Tutsi abuse and massacring, with success. Several years after Mobutu was ousted from power and the Kabila government was put into office with great help from Rwanda, it began a similar campaign of discrimination and abuse against the Tutsi. As Rwandans, we are proud to say that we will never step down, and we shall continue to fight all those that violate international humanitarian law and whom we are capable of fighting.
Now, after years of brutal fighting alongside the Kabila government of today, we feel strongly betrayed by the Tutsi-massacring campaign. And, only to add insult to injury, we are brought to court by the very ones we fought alongside many years ago for trying to combat what we together were combating years ago- discrimination, abuse and genocide. The road to tyranny, we must remember, begins with the destruction of the truth. And destruction of the truth is precisely what the Democratic Republic of Congo intends to do with this baseless lawsuit fueled by hypocrisy.
With that said, my partner and I hope that the fog of misconception is cleared by the end of our case, and that the truth and justice shall once again prevail over evil.
And now, allow me to outline the major points in the case of The Rwandese Republic against the Democratic Republic of Congo …
Witness IV: Economist (Nasser Al- Aujan)
The economist is to present a brief speech that contains significant data and figures before interrogation outlining the following points:
· The Rwandan Economy is very weak.
· The GDP is very low compared to other countries in the region; $7.2 billion compared to Zambia $8.5 billion, Uganda $29 billion, DPR Congo $32 billion and South Africa $412 billion.
· This weak economy is a direct result of Rwanda’s participation in the war, for which Rwanda spends 47 % of the annual income.
· Rwanda requires $2.7 billion as a compensation to fuel its decimated economy.