The ghosts of Rwandas 1994 massacre still haunt Melanie
Uwamaliya memories of her mother, siblings and cousins, felled by Hutu
extremists in Rwandas far-off capital, Kigali.
To make things worse, at times, Uwamaliya actually would cross
paths with Hutu killers walking free.
The ghosts of Rwanda’s 1994 massacre still haunt Melanie Uwamaliya — memories of her mother, siblings and cousins, felled by Hutu extremists in Rwanda’s far-off capital, Kigali.
To make things worse, at times, Uwamaliya actually would cross paths with Hutu killers — walking free.
However, last June, Uwamaliya and fellow Tutsi expatriates celebrated a victory of sorts, when a Belgian jury sentenced four Rwandans to jail for participating in their country’s horrific massacre.
Now, from her small apartment a few blocks from a Brussels courthouse, 53-year-old Uwamaliya awaits justice in two other genocide-related suits — including charges that Belgium’s former defense and foreign ministers abandoned Rwanda to its fate.
She is not alone in turning to Belgium in pursuit of human rights convictions. The country has a unique law that allows individuals to pursue such cases — against just about anybody until recently.
Indeed, charges of various war crimes or crimes against humanity have been filed in Belgium against former leaders of Chad and Iran — and current Israeli Prime Minister Ariel Sharon. They also have been filed against Guatemalan generals and African foreign ministers — and Palestinian leader Yasser Arafat. And they have been leveled against dozens of ordinary civilians from Cambodia to Congo.
“We’re drowning in cases — and we’re unable to bring them to term,” said Belgian lawyer Michele Hirsch, who represented the Tutsi plaintiffs in the genocide trial.
But on Feb. 14, a United Nations tribunal ruled Belgium could not try current and former world leaders or senior ministers for crimes allegedly committed while in office.
Human rights groups denounced the decision — and speculation began about what type of effect it would have on Belgium’s landmark war-crimes law.
“I think the law will continue,” Hirsch said. “Maybe Belgium can’t judge sitting presidents and ministers — only an international court can do it — but I would be extremely surprised if it will affect former ministers and heads of state.”
At stake is a 1993 law, allowing Belgium to prosecute far-flung war-crimes allegations. Amended in 1999 to include genocide and crimes against humanity, the law allows just about anybody to file lawsuits over atrocities allegedly committed anywhere in the world.
So, today, war-crimes lawsuits are not just being filed in U.N. tribunals . They also are weighed by judges in Belgium.
“With the publicity from the Rwandan trial, this law is now very well known,” said Alain Winants, a Belgium prosecutor. “So, now, there are more and more charges being filed in Belgium. Obviously, it’s adding to all our other work.”
Despite its flaws, the law remains widely popular. Many Belgians are proud of the unique legislation. Several countries have dabbled with war-crimes laws, but none are as far-reaching.
However, Belgium’s moral crusade also has become a major diplomatic headache. Officials are scrambling to soothe fuming foreign governments and to retain the country’s mediating role in Middle Eastern and African conflicts.
Some countries especially are having a hard time accepting the Belgian law — including Israel, as well as Iran.
Critics also point to chances the law may backfire disastrously. For example, cronies of tarnished former Congolese leader Laurent Kabila used the Belgian legislation to file war-crimes charges two years ago against his political enemies. The suit went nowhere but spiced up the controversy.
Lawyers and judges also fear mounting caseloads at the two, overtaxed U.N. tribunals may spill over into Belgian courts. Worse yet, the legislation may create “parachute plaintiffs” who fly into the country to file charges, then fly out at once.
“The suffering of victims throughout the world can’t be alleviated by trials in Belgium,” Hirsch acknowledged. “It’s not enough to simply file charges — is Belgium capable of dealing with them? If the victims aren’t here, if the suspects aren’t here, and if the means of getting testimony and proof are unavailable?”
Efforts to amend the law stalled last year, but the tribunal’s ruling promises to hasten the reforms. The Belgian government has interpreted the ruling as applying only to sitting ministers and leaders.
“There’s no immunity for former ministers, heads of government,” a government spokesperson insisted. “Even if we amend the law, Belgium’s political line — fighting against impunity and respecting human rights — remains valid.”
For victims like Uwamaliya, the law has laid a few wrenching memories to rest.
“Justice did its work,” she said of last year’s genocide trial. “I feel no happiness, but I feel comforted.” (BP)