The Role of James Kabarebe in Mass Killings of Hutu in DRC, Rwanda, and Burundi: An Academic Analysis

Abstract

This academic analysis examines the role of James Kabarebe in the mass killings of Hutu populations in the Democratic Republic of the Congo (DRC), Rwanda, and Burundi. Kabarebe, a high-ranking military officer in the Rwandan Patriotic Army (RPA) and later the Rwanda Defence Force (RDF), played a significant role in the military campaigns following the 1994 Rwandan Genocide. This paper assesses his involvement in military operations, particularly during the First and Second Congo Wars, and the accusations of large-scale atrocities committed against Hutu refugees and civilians. Drawing on reports from human rights organizations, testimonies, and international investigations, the analysis explores the geopolitical and historical context of these events.

Introduction

James Kabarebe is a prominent figure in Rwandan military and political circles, serving as an instrumental commander during and after the Rwandan Genocide. His military career is closely tied to the conflicts that engulfed the Great Lakes region in the aftermath of the genocide. This paper examines his role in military operations in Rwanda, Burundi, and the DRC, with a particular focus on actions that led to mass killings of Hutu populations. The study contextualizes his involvement within broader regional conflicts and examines allegations of human rights violations linked to his leadership.

Background: James Kabarebe’s Military Career

James Kabarebe began his military career as a key figure in the Rwandan Patriotic Army (RPA), which was led by Paul Kagame. The RPA played a crucial role in ending the 1994 genocide but soon became involved in regional conflicts that followed. Kabarebe rose to prominence as a military strategist, and his influence extended beyond Rwanda’s borders.

• 1994-1996: Post-Genocide Military Operations After the RPA took control of Rwanda, Kabarebe participated in military operations aimed at dismantling the Hutu-led ex-FAR (Forces Armées Rwandaises) and Interahamwe militias, who had fled to neighboring countries, especially the DRC (then Zaire).
• 1996-1997: The First Congo War Kabarebe was one of the key architects of the First Congo War, which led to the overthrow of Mobutu Sese Seko. The Rwandan and Ugandan-backed Alliance of Democratic Forces for the Liberation of Congo (AFDL), led by Laurent-Désiré Kabila, launched attacks on Hutu refugee camps in eastern Congo. Human Rights Watch and UN reports document mass killings of Hutu civilians during this period, with Kabarebe implicated in planning and executing military assaults on refugee camps.
• 1998-2003: The Second Congo War As tensions between Rwanda and the newly installed Kabila government grew, Kabarebe led military campaigns into the DRC during the Second Congo War. The Rwandan army’s presence in eastern Congo resulted in widespread atrocities, including massacres targeting Hutu civilians suspected of harboring ex-FAR fighters.

Allegations of Mass Killings of Hutu Populations

Kabarebe’s role in mass killings is documented in multiple reports, including those by the United Nations, Amnesty International, and independent researchers. These allegations primarily focus on the following key events:

• Attacks on Refugee Camps (1996-1997) The Rwandan-led invasion of eastern Zaire involved direct attacks on Hutu refugee camps. Reports from the UN Mapping Project (2010) describe systematic massacres of thousands of Hutu refugees by the RPA and its allied forces. Kabarebe, as a senior commander, is alleged to have played a direct role in these operations.
• Massacres in Eastern DRC (1998-2003) During the Second Congo War, Rwandan forces under Kabarebe’s command continued targeting Hutu populations, accusing them of collaborating with génocidaires. Reports indicate that Hutu civilians were executed in villages across North and South Kivu.
• Assassinations and Forced Displacements Kabarebe has also been implicated in orchestrating targeted assassinations of Hutu leaders and orchestrating mass displacement campaigns. The forced repatriation of Hutu refugees to Rwanda often involved disappearances and extrajudicial killings.

Why the International Criminal Tribunal for Rwanda (ICTR) Did Not Indict Kabarebe

The International Criminal Tribunal for Rwanda (ICTR), based in Arusha, primarily focused on prosecuting individuals responsible for the 1994 genocide. However, it did not extensively pursue cases against Rwandan Patriotic Army (RPA) officials, including Kabarebe, for crimes committed during and after the genocide. Several factors contributed to this omission:

• Geopolitical Considerations: The Rwandan government, under Paul Kagame, cooperated with international efforts to prosecute génocidaires, making Western allies hesitant to target RPA leaders.
• Limited Mandate: The ICTR’s mandate was restricted mainly to crimes committed during the 1994 genocide, rather than post-genocide crimes or atrocities committed in the DRC.
• Lack of Political Will: Rwanda’s influence in international diplomacy discouraged investigations into RPA crimes, as it positioned itself as a stabilizing force in the region.

The Role of the United States in Preventing ICC Prosecution of Kabarebe and Other RPF Senior Officers

According to Carla Del Ponte, former chief prosecutor of the ICTR, there was significant pressure from the United States and other Western allies to refrain from investigating or prosecuting Rwandan Patriotic Front (RPF) officials for alleged crimes committed during and after the genocide. Del Ponte has stated that:

• U.S. Diplomatic Influence: The U.S. played a crucial role in shaping the tribunal’s focus, ensuring that cases against RPF officials were not pursued.
• Strategic Alliances: Rwanda has been a key ally of the U.S. in Africa, particularly in regional security and peacekeeping missions, making prosecution politically inconvenient.
• Blocked Investigations: Del Ponte’s attempts to investigate RPF crimes were met with diplomatic obstacles, ultimately leading to her removal from her position at the ICTR in 2003.
• ICC Reluctance: The International Criminal Court (ICC) has faced similar pressures, making it unlikely that Kabarebe or other senior RPF leaders will be indicted without a major shift in international policy.

Will James Kabarebe Face Justice?

Despite extensive documentation of his alleged involvement in war crimes, Kabarebe has not faced prosecution in any international court. The International Criminal Court (ICC) has jurisdiction over war crimes and crimes against humanity but has not issued an arrest warrant against him. Factors influencing his continued impunity include:

• Rwanda’s Political Protection: As a senior advisor to President Kagame, Kabarebe enjoys political protection from prosecution.
• International Silence: Key global powers have been reluctant to push for accountability due to Rwanda’s strategic role in peacekeeping and counterterrorism.
• Absence of Formal Charges: While human rights organizations have called for his indictment, no formal legal action has been taken.

Conclusion

James Kabarebe’s military career is deeply entangled with the violent conflicts that followed the Rwandan Genocide. His leadership in military operations in the DRC and Burundi has been marked by widespread allegations of mass killings of Hutu populations. The role of the United States in shielding RPF officials from prosecution, as highlighted by Carla Del Ponte, remains a significant barrier to accountability. Further research and accountability mechanisms are necessary to address these unresolved human rights violations and ensure justice for victims.

References

• United Nations. (2010). Democratic Republic of the Congo, 1993-2003: UN Mapping Report.
• Human Rights Watch. (1999). Leave None to Tell the Story: Genocide in Rwanda.
• Amnesty International. (2001). Massacres in the Democratic Republic of Congo: Rwandan Army Involvement.
• Del Ponte, C. (2009). Madame Prosecutor: Confrontations with Humanity’s Worst Criminals and the Culture of Impunity. Random House.
• Reyntjens, F. (2013). Political Governance in Post-Genocide Rwanda. Cambridge University Press.
• Prunier, G. (2009). Africa’s World War: Congo, the Rwandan Genocide, and the Making of a Continental Catastrophe. Oxford University Press.
• ICTR. (2003). Final Report on the Tribunal’s Jurisdiction and Indictments.
• Stearns, J. (2011). Dancing in the Glory of Monsters: The Collapse of the Congo and the Great War of Africa. PublicAffairs.
• The Guardian. (2003). US Pressures ICTR Over Rwanda War Crimes Investigations.

By Rwandan Rights Alliance

The Genocide against the Hutu: Mass Killings of Hutu Before, During, and After 1994 in Rwanda, DRC and Uganda

Introduction

The topic of genocide against the Hutu is complex and often debated in academic and political circles. The most well-documented mass killings in Rwanda's history are the 1994 Rwandan Genocide, in which an estimated 800,000 to 1,000,000 Tutsi and moderate Hutu were killed by Hutu extremists. However, there have been claims and counterclaims regarding atrocities committed against Hutu populations before, during, and after the genocide.

The document covers:

1.     The historical context of the 1994 Rwandan Genocide

2.     Allegations of mass killings of Hutu by the RPF

3.     Specific incidents like the Kibeho Massacre and Byumba Stadium killings

4.     Political assassinations and property seizures

5.     The role of Uganda and international actors

6.     The controversy and lack of international accountability

7.     Potential legal avenues for justice

1. Genocide Against the Tutsi (1994)

The Rwandan Genocide primarily targeted the Tutsi ethnic group. Hutu extremist militias, including the Interahamwe and Impuzamugambi, carried out mass killings over approximately 100 days (April to July 1994). The genocide was triggered by the assassination of President Juvénal Habyarimana (a Hutu), whose plane was shot down on April 6, 1994.

While the genocide is widely recognized as being against the Tutsi, moderate Hutus who opposed the extremist government or refused to participate in the killings were also targeted and murdered.

2. Mass Killings of Hutu (Before, During, and After 1994)

Some scholars, journalists, and organizations have pointed out that large numbers of Hutu civilians were also killed during and after the genocide, particularly by the Rwandan Patriotic Front (RPF), the rebel group led by Paul Kagame, which eventually took over the country and ended the genocide. These killings are often described as reprisals or war crimes, though some claim they amount to genocide.

A. RPF Crimes During and After 1994

• As the RPF advanced across Rwanda in 1994, reports emerged of mass killings of Hutu civilians suspected of being affiliated with the former government or militias.
• In 1996-1997, after the genocide, the RPF-led Rwandan government pursued Hutu refugees who had fled to the Democratic Republic of the Congo (then Zaire). Many were civilians, and an estimated 200,000 to 300,000 may have been killed in attacks on refugee camps.
• The UN Mapping Report (2010) documented these killings, suggesting they could amount to crimes against humanity or even genocide. However, no international legal body has officially recognized these as genocide.

B. The First and Second Congo Wars (1996–2003)

• After 1994, millions of Hutu refugees fled to Zaire (now the DRC).
• The Rwandan government, along with its allies, launched military interventions, targeting both Hutu extremist militias and civilians.
• The violence led to millions of deaths in the region, but the exact number of Hutu vs. other victims remains debated.

3. Is There Legal Recognition of a Genocide Against the Hutu?

• Unlike the Tutsi genocide, which has been recognized by the UN, international courts, and most historians, the mass killings of Hutu have not been officially declared a genocide.
• The Rwandan government under Paul Kagame strongly denies that a genocide against the Hutu took place, arguing that RPF actions were military operations against genocidal forces.
• Some researchers, such as Dr. Filip Reyntjens and Judi Rever, argue that the scale and intent of RPF killings meet the legal definition of genocide.
• The International Criminal Tribunal for Rwanda (ICTR) did not prosecute RPF crimes, focusing solely on crimes committed by Hutu extremists.

4. Specific Incidents of Mass Killings

Killings of Refugees in Kibeho (Kibeho Massacre, 1995)

The Kibeho Massacre was a tragic event that took place on April 22, 1995, in Kibeho, southwestern Rwanda. It involved the mass killing of internally displaced Hutu refugees by the Rwandan Patriotic Army (RPA), the military wing of the ruling Rwandan Patriotic Front (RPF) led by Paul Kagame.

Background: Why Were There Refugees in Kibeho?

• After the 1994 Rwandan Genocide, in which Hutu extremists killed an estimated 800,000–1,000,000 Tutsi and moderate Hutu, the RPF took control of Rwanda in July 1994.
• Many Hutu civilians fled to refugee camps within Rwanda or into neighboring countries (especially Zaire, now DRC). These refugees included genuine civilians as well as former government soldiers and Hutu extremist militias (Interahamwe).
• The Kibeho camp was one of the largest, holding between 80,000 and 100,000 refugees.

What Happened in Kibeho?

• The Rwandan government wanted to shut down the refugee camps, claiming they were being used as bases for Hutu extremists.
• In April 1995, the Rwandan army (RPA) surrounded Kibeho and started to forcibly close the camp.
• When refugees refused to leave, violence broke out.
• On April 22, 1995, Rwandan soldiers opened fire on unarmed civilians, killing thousands.

Casualty Estimates

The exact number of deaths remains disputed:

• Official Rwandan Government Estimate: 338 killed
• UN Estimates: Between 4,000 and 8,000 killed
• Aid Organizations (Médecins Sans Frontières, Red Cross): Reported at least 5,000+ dead and thousands more wounded.
• Eyewitness Accounts: Suggest indiscriminate killings using machine guns, grenades, and machetes.

International Reactions

• The UN and international NGOs condemned the massacre but took limited action.
• The Australian peacekeeping forces (part of the UN mission in Rwanda, UNAMIR) witnessed the killings and provided some documentation.
• Paul Kagame defended the military's actions, claiming they were dealing with "insurgents" hiding among civilians.
• No major prosecutions or international justice mechanisms addressed the massacre.

Killings of Hutu in Byumba Stadium (1994)

The Byumba Stadium Massacre is one of the many mass killings allegedly carried out by the Rwandan Patriotic Front (RPF) during its military campaign to seize power in Rwanda in 1994. This event is part of a broader set of reprisal killings against Hutu civilians and former government soldiers suspected of being involved in the genocide against the Tutsi.

Background: RPF's Advance in Byumba

• The Rwandan Patriotic Front (RPF), led by Paul Kagame, had been fighting against the Rwandan government since 1990, initially as a rebel group based in Uganda.
• In April 1994, after the assassination of President Juvénal Habyarimana, genocide against the Tutsi began. The RPF launched a full-scale offensive, quickly capturing territory from government forces (FAR – Forces Armées Rwandaises).
• By mid-April 1994, the RPF took control of Byumba, a city in northern Rwanda, which became one of its early strongholds.

Massacre at Byumba Stadium

• As the RPF took over Byumba, thousands of Hutu civilians and government soldiers sought refuge in the Byumba football stadium.
• On or around April 22, 1994, RPF forces allegedly rounded up the refugees inside the stadium.
• Survivors and human rights reports claim that the RPF indiscriminately executed many of those inside.
• Methods of killing reportedly included gunfire, grenades, and machetes.
• Estimates of casualties range from several hundred to several thousand, though no precise figure has been officially confirmed.

Why Were Hutu Targeted?

• While some of the victims may have been former government soldiers or militia members, many were civilians who had fled the violence and sought safety.
• The RPF justified the killings as targeting génocidaires, but survivors and researchers argue that many innocent Hutu were killed without evidence of wrongdoing.
• The massacre at Byumba was part of a pattern of RPF violence that continued throughout its advance across Rwanda.

Mass Killings of Hutu Refugees in Uganda

While much attention has been given to the Rwandan Patriotic Front (RPF)'s mass killings of Hutu refugees in Rwanda and the Democratic Republic of Congo (DRC), there is also evidence that Hutu refugees were targeted and killed in Uganda, particularly during the 1990s.

Uganda played a crucial role in the rise of the RPF. Paul Kagame and many RPF leaders were part of Yoweri Museveni's National Resistance Army (NRA) before they invaded Rwanda in 1990. After the genocide in 1994, many Hutu refugees fled to Uganda, but some of them were targeted in reprisals, extrajudicial killings, and forced disappearances.

Hutu Refugee Camps and Targeted Killings

Attacks on Hutu Refugees in Uganda (1994–1997)

After the RPF took power in Rwanda in July 1994, thousands of Hutu refugees, including civilians and former government officials, fled into Uganda. However, instead of being given full protection as refugees:

• Many Hutu men, including ex-soldiers and former government officials, were arrested and later disappeared.
• Some Hutu refugees were forcibly returned to Rwanda, where they were imprisoned or killed by the RPF.
• Reports suggest that Ugandan security forces, in collaboration with the RPF, carried out assassinations of Hutu intellectuals, ex-military officers, and political figures in Uganda.
• Some refugees who were suspected of anti-RPF activities were abducted from refugee settlements and later found dead.

Kyangwali and Nakivale Refugee Camps

• Uganda housed Hutu refugees in camps such as Kyangwali and Nakivale.
• Survivors report that RPF agents infiltrated these camps, targeting specific individuals.
• Several mysterious disappearances and killings occurred, with bodies found outside the camps.

Role of the Ugandan Government

• Uganda had been a key military and logistical supporter of the RPF during the war in Rwanda (1990–1994).
• Yoweri Museveni's government was closely allied with Kagame, and intelligence-sharing between the two was common.
• Some reports suggest that Ugandan intelligence forces helped identify and eliminate "anti-RPF" elements among the Hutu refugees.
• Hutu refugees in Uganda were often labeled as "genocidaires," making them vulnerable to arbitrary arrests, forced disappearances, and extrajudicial executions.

5. Political Assassinations and Property Seizures

There is credible evidence that the Rwandan Patriotic Front (RPF), after taking power in 1994, carried out political assassinations and mass killings of Hutu politicians, businessmen, and civilians. Many of these killings were not only acts of revenge but also served to eliminate opposition and seize property from the victims.

Killing of Hutu Politicians by the RPF

The RPF targeted moderate Hutu politicians who could have challenged its control or who were seen as a threat. Some of these individuals had even opposed the genocide but were still eliminated by the new government. Key examples include:

High-Profile Hutu Politicians Killed

• Jean-Baptiste Habyalimana – Governor of Byumba Province, murdered by the RPF in April 1994.
• Félicien Ngango – Vice President of the Social Democratic Party (PSD), disappeared in 1994.
• Joseph Kavaruganda – President of the Constitutional Court, killed by RPF agents.
• Landouald Ndasingwa – A moderate Hutu and leader of the Liberal Party (PL), executed along with his Tutsi wife and family.
• Many Hutu mayors, judges, and local leaders were also killed or imprisoned on fabricated charges.

These politicians were either assassinated outright or falsely accused of genocide and executed extrajudicially.

The Elimination of Opposition Parties

• Many Hutu politicians who were not associated with the genocide but opposed Kagame's rule disappeared or were assassinated.
• The RPF absorbed or dismantled opposition parties, creating a one-party state under Kagame's control.

Mass Killings of Hutu Civilians for Land, Property, and Wealth

Many killings were motivated not just by politics and revenge but also by the desire to seize land, houses, businesses, and assets from Hutu victims.

Mass Displacements and Land Seizures

• After the genocide, thousands of Hutu families were killed or forced into exile, allowing RPF members and supporters to take over their homes and businesses.
• In Kigali, Butare, Byumba, and Gisenyi, many wealthy Hutu disappeared, and their homes were taken over by RPF soldiers and government officials.
• The Gacaca courts (community tribunals) were used as a tool to falsely accuse Hutu of genocide, allowing Kagame's government to imprison them and confiscate their properties.

Targeting of Businessmen and Landowners

• Wealthy Hutu businessmen and landowners were accused of "genocidal ideology," arrested, and often never seen again.
• Survivors and researchers report that many of these individuals were executed and buried in mass graves.
• The new Rwandan elite, composed mainly of Kagame's RPF inner circle, took control of these assets, leading to economic domination by a small group of powerful individuals.

6. Controversy and Cover-Up

• Unlike the genocide against the Tutsi, RPF-led massacres have received limited international attention.
• The Rwandan government denies or downplays these killings, calling them "collateral damage" in a military campaign.
• Human rights groups, including Human Rights Watch and independent researchers like Judi Rever and Filip Reyntjens, have documented such massacres, arguing they could constitute war crimes or crimes against humanity.
• The UN Mapping Report (2010) on RPF crimes in Congo also referenced earlier RPF atrocities within Rwanda.
• Western governments, especially the U.S. and UK, supported Kagame and the RPF, making it difficult to bring attention to these crimes.
• Journalists and researchers investigating RPF killings have been threatened, arrested, or forced into exile.

7. Legal Avenues for Justice

Bringing Rwandan Patriotic Front (RPF) leaders and officials responsible for war crimes and crimes against humanity to justice is extremely challenging due to political protection, international interests, and suppression of evidence. However, several legal and advocacy strategies could be pursued:

International Criminal Prosecutions

• Expand the mandate of the International Criminal Court (ICC)
• The ICC can investigate crimes committed after 2002 if Rwanda accepts its jurisdiction.
• However, Rwanda is not a member of the ICC, and Paul Kagame's government has strong international backing.
• A way forward could be an ad-hoc tribunal for RPF crimes, similar to the International Criminal Tribunal for Rwanda (ICTR).
• Reopen investigations at the United Nations (UN)
• The UN Mapping Report (2010) documented mass killings of Hutu refugees in the Democratic Republic of the Congo (DRC) by the RPF, calling them potential crimes of genocide.
• Lobbying UN member states to push for an independent tribunal could be an option.
• Seek Prosecutions Under Universal Jurisdiction
• Countries like Belgium, France, Spain, and Germany have prosecuted Rwandan genocide suspects under universal jurisdiction laws.
• Cases could be filed in these countries against RPF officials accused of crimes, particularly those living abroad.

African Union (AU) and Regional Courts

• The African Court on Human and Peoples' Rights (ACHPR) has jurisdiction over crimes committed by state actors.
• Although Kagame's government influences AU politics, legal cases could be pursued through independent African human rights groups.

Organizations That Could Help Pursue Justice:

1.     Public International Law & Policy Group (PILPG): A global pro bono law firm with expertise in war crimes prosecution.

2.     Civitas Maxima: Dedicated to documenting mass crimes and seeking justice for victims.

3.     Humanitarian Law Center (HLC): Works on documenting human rights violations and pursuing justice for war crimes.

4.     Human Rights Watch (HRW): Has a history of reporting on human rights abuses in Rwanda, including those committed by the RPF.

5.     International Residual Mechanism for Criminal Tribunals (IRMCT): Successor to the ICTR that continues to handle residual functions.

8. Conclusion: A Complex Legacy

While the RPF played a crucial role in ending the genocide against the Tutsi, these reports and testimonies suggest a need for a more nuanced understanding of the post-genocide period. The mass killings, political assassinations, and economic dispossession of Hutu by the RPF remain largely unacknowledged. Many researchers argue that the scale and intent of RPF crimes could qualify as genocide, yet no international action has been taken. Addressing these allegations is essential for comprehensive reconciliation and justice in Rwanda.

References:

• Des Forges, Alison. Leave None to Tell the Story: Genocide in Rwanda. Human Rights Watch, 1999.
• United Nations Security Council. Report of the International Criminal Tribunal for Rwanda (ICTR). 1999.

• United Nations High Commissioner for Human Rights. Democratic Republic of the Congo, 1993-2003: UN Mapping Report. 2010.
• Reyntjens, Filip. Political Governance in Post-Genocide Rwanda. Cambridge University Press, 2013.

• Médecins Sans Frontières. Kibeho: A Genocide That the World Chose to Ignore. 1995.
• United Nations Assistance Mission for Rwanda (UNAMIR) reports, 1995.

• Rever, Judi. In Praise of Blood: Crimes of the Rwandan Patriotic Front. Random House Canada, 2018.
• Human Rights Watch reports on Byumba Massacre, 1994.

• Amnesty International. Rwanda: Political Assassinations and Enforced Disappearances. 1997.

• Reyntjens, Filip. Rwanda, Ten Years On: From Genocide to Dictatorship. African Affairs, 2004.

• Human Rights Watch. Uganda: Refugees at Risk in Border Regions. 1996.
• African Rights. Refugees in Uganda: A Forgotten People. 1997.

• United Nations. International Criminal Tribunal for Rwanda: A Selective Approach to Justice? 2004.
• Schabas, William A. Genocide in International Law: The Crimes of Crimes. Cambridge University Press, 2009.

• International Federation for Human Rights (FIDH). Accountability for Crimes in Rwanda: A Roadmap for Justice. 2015.

• African Commission on Human and Peoples’ Rights. Human Rights Violations in Post-Genocide Rwanda. 2012.Lemarchand, René. The Dynamics of Violence in Central Africa. University of Pennsylvania Press, 2009.
• Prunier, Gérard. Africa’s World War: Congo, the Rwandan Genocide, and the Making of a Continental Catastrophe. Oxford University Press, 2009.

 By Rwandan Rights Alliance