Genocide panel might wind up without finding Rwandan fugitive Felicien Kabuga

ARUSHA, TANZANIA: The International Criminal Tribunal for Rwanda (ICTR) celebrated its 20th anniversary this week, with all indications it could close shop as early as September next year.

On Monday, international prosecutors, who included International Criminal Court Chief Prosecutor Fatou Bensouda, gathered in Arusha to mark what might be the final major event in the tribunal's life.

Although indictments for suspects have been closed, the tribunal would be replaced by a residual mechanism that would continue to pursue cases yet to be concluded.

The tribunal was set up by the United Nations Security Council to prosecute persons responsible for the Rwanda genocide and other serious violations of international humanitarian law committed between January 1 and December 31, 1994.

But it might close shop without having put to rest a number of cases, including that of Felicien Kabuga, suspected to have been a key financier of the genocide, in which over 800,000 Tutsis and moderate Hutus died.

Kabuga has been elusive, and was at one time said to be hiding in Kenya.

On Monday, the ICTR Chief Prosecutor Hassan Jallow from Gambia reiterated the tribunal's position that there are indications Kabuga could be domiciled in one of the countries in the region.

"We have indications that he is in East, Central or Southern Africa. We are pursuing him, together with other suspected masterminds and we are confident he will have his day in court," said Mr Jallow.

NAIL SUSPECTS

Apart from Kabuga, eight other suspects remain at large.

As at August this year, the tribunal had completed its responsibilities with respect to the substantive cases at the trial level for all 93 accused. Among the concluded cases is that of former Prime Minister Jean Kambanda.

But even as Jallow expressed confidence about nailing the escaped masterminds, the special prosecutor for the Sierra Leone residual court Brenda Hollis sat next to him. She too faces the herculean task of nailing people who escaped justice during the life of the Sierra Leone tribunal.

It is not clear for how long the residual mechanisms for both Rwanda and Sierra Leone court would stay in place or for how much longer the international community is willing to pursue the suspects.

The ICTR is ending its term without having resolved a number of issues including the fate of 11 people who were acquitted by the international tribunal, but who out of fear cannot return to Rwanda.

While they were cleared, they have to stay on in Arusha, rather than return to face a society that still believes justice was not served.

On the ICC's legacy, Jallow said posterity would determine if the tribunal has offered justice to the Rwandan people.

"We leave it to the future generations to decide. However, I believe we could have done much more than what we have done. Working with Rwanda, we have been able to help it build its judicial institutions," Jallow said.

He added: "I believe that is why the country is now attracting many investors. We hope that the genocide never recurs in Rwanda or any other country."