The International Residual Mechanism for Criminal Tribunals (IRMCT) in The Hague has announced the death of Félicien Kabuga at the age of 91, bringing to a close one of the longest-running manhunts linked to the 1994 Genocide against the Tutsi. Kabuga, who was considered a key financier of the Genocide, spent more than two decades on the run before his arrest in France in May 2020. While many survivors and observers welcomed his capture as a step toward justice, he died before he could be tried for Genocide. In June 2023, judges ruled that Kabuga was unfit to stand trial due to deteriorating health and cognitive decline. ALSO READ: Félicien Kabuga dies at 91 The allegations against Kabuga According to the prosecution’s indictment, Kabuga was charged with genocide, direct and public incitement to commit genocide, conspiracy to commit genocide, persecution on political grounds, extermination, and murder as crimes against humanity committed during the 1994 Genocide against the Tutsi in Rwanda. Prosecutors said that Kabuga was a founder and financier of Radio Télévision Libre des Mille Collines (RTLM), the infamous 'hate radio' that spread anti-Tutsi propaganda and incited killings during the Genocide, which would claim one million lives in 100 days. ALSO READ: Eight unanswered questions on Kabuga's impending release The indictment stated that RTLM broadcasts denigrated the Tutsi, labelled individuals as enemies or accomplices of the Rwandan Patriotic Front (RPF), and in some cases disclosed locations and details that facilitated attacks and killings. Kabuga was also accused of participating in a joint criminal enterprise linked to RTLM’s operations and of aiding and abetting Interahamwe militias through financial, logistical, and material support. The prosecution further alleged that he supplied weapons and ammunition distributed to militias in Kigali, Gisenyi, and Kibuye prefectures, and that these weapons were used in massacres against Tutsi. ALSO READ: Arrest of Félicien Kabuga signifies imprescriptibility of international crimes Timeline of the case May 16, 2020: Kabuga arrested in France The IRMCT announced Kabuga’s arrest near Paris by French authorities following a joint investigation with the Mechanism’s Office of the Prosecutor. His arrest ended more than two decades of international efforts to locate him. At the time, IRMCT Chief Prosecutor Serge Brammertz described the arrest as “a reminder that those responsible for genocide can be brought to account, even twenty-six years after their crimes.” May 17, 2020: French court rejects bail request Shortly after his arrest, Kabuga’s defence team sought bail before a French court, arguing that he was elderly, frail, and required medical attention. The court rejected the request, and Kabuga remained under detention at La Santé prison in Paris. June 1, 2020: UN court rejects provisional release Kabuga’s lawyers later petitioned the IRMCT Trial Chamber for provisional release on humanitarian grounds, arguing that medical reports showed he was unfit to stand trial. Prosecutors opposed the request, arguing it was premature and that the conditions for provisional release had not been met. The court denied the request, citing concerns that Kabuga might fail to appear for trial, particularly given that he had evaded justice for more than two decades after his indictment. September 30, 2020: France approves transfer France’s Cour de cassation rejected Kabuga’s appeal against his transfer to the custody of the IRMCT. October 26, 2020: Transfer to The Hague Kabuga was transferred to The Hague branch of the IRMCT after judges determined that further medical assessments were necessary before considering transfer to Arusha, Tanzania. November 11, 2020: Initial appearance before court Kabuga made his first appearance before the UN tribunal, where a plea of not guilty was entered on his behalf for all charges contained in the indictment. June 13, 2022: Court rules Kabuga fit to stand trial Following extensive medical examinations by independent experts, the Trial Chamber ruled that Kabuga was fit to stand trial, despite acknowledging that he suffered cognitive impairment and required intensive medical monitoring. The court decided that proceedings would remain in The Hague rather than Arusha due to concerns that relocation could worsen his condition. September 29, 2022: Trial formally begins Opening statements were heard in The Hague as prosecutors accused Kabuga of playing a central role in financing and facilitating the Genocide. Prosecutor Rashid S. Rashid told the court that RTLM broadcasts promoted anti-Tutsi ideology, including airing the “Hutu Ten Commandments” and speeches calling for violence against the Tutsi. December 14, 2022: Witnesses testify against Kabuga Several witnesses linked Kabuga directly to genocide crimes. One witness said that Kabuga encouraged Interahamwe militias to “clear the bushes,” a coded expression interpreted as killing the Tutsi. Another witness testified that Kabuga used his own vehicles to transport weapons distributed to militias responsible for attacks. March 10, 2023: Trial suspended over health concerns The IRMCT suspended evidentiary hearings after medical reports indicated that Kabuga’s health had significantly deteriorated. Judges sought additional assessments from independent medical experts to determine whether he was fit to stand trial. March 2023: Experts present medical findings Three independent medical experts informed the court that Kabuga suffered from severe physical illnesses and vascular damage to the brain. While one expert argued that Kabuga could still meaningfully participate in proceedings with assistance, another concluded that he suffered from progressive moderate to severe dementia and was unfit for trial. June 7, 2023: Court declares Kabuga unfit for trial By majority decision, the Trial Chamber ruled that Kabuga was no longer capable of meaningfully participating in proceedings and was unlikely to regain fitness. Judge Mustapha El Baaj dissented, arguing that Kabuga had not demonstrated sufficient grounds to be declared unfit. The majority proposed an alternative “trial of facts” procedure that would examine evidence without leading to a criminal conviction. June 2023: Both sides appeal Prosecutors and defence lawyers appealed the ruling. Prosecutors challenged the finding on Kabuga’s unfitness, while the defence sought a complete termination of proceedings, including the proposed “trial of facts.” August 7, 2023: Appeals Chamber quashes ‘trial of facts’ The Appeals Chamber upheld the finding that Kabuga was unfit for trial and ruled that the proposed “trial of facts” procedure was not permitted under the Mechanism’s legal framework. Judges ordered an indefinite stay of proceedings, effectively ending the possibility of a criminal trial against Kabuga. September 8, 2023: Proceedings indefinitely stayed The Trial Chamber formally suspended proceedings indefinitely and ordered that Kabuga remain detained at the United Nations Detention Unit in The Hague pending decisions regarding provisional release. The court also instructed the Registry to assist the defence in identifying a country that would be willing to receive Kabuga if he was released. February 2024: Rwanda indicates willingness to receive Kabuga The Trial Chamber received a submission from Rwanda’s Ministry of Justice indicating that it was willing to receive Kabuga under provisional release arrangements. However, judges noted that the issue was not yet formally before the court. May 16, 2026: Death announced The IRMCT announced that Kabuga died while hospitalized in The Hague in the Netherlands. According to the statement, the Medical Officer of the United Nations Detention Unit immediately notified authorities, and Dutch authorities launched the standard procedures and investigations required under national law. Judge Graciela Gatti Santana, President of the IRMCT, ordered a full inquiry into the circumstances surrounding Kabuga’s death and appointed Judge Alphons Orie to conduct the inquiry. Kabuga died before a final judicial determination could be made on the genocide charges brought against him.
