Chief Justice Domitille Mukantaganzwa has criticised a decision by France’s Court of Cassation to dismiss a case against French soldiers accused of failing to protect Tutsi civilians during the 1994 Genocide against the Tutsi. Speaking at a press conference on Friday, September 11, Mukantaganzwa said the Judiciary was unhappy with the decision, but stressed that efforts to pursue the matter would continue. ALSO READ: The indelible role of the French in the 1994 Genocide against the Tutsi “France has made its decision to dismiss the case, but it is not a decision that we, as Rwandans, are happy with. The matter will continue to be pursued with different entities, including civil society organisations that defend the interests of Genocide survivors,” she said. The Court of Cassation, France’s highest court, on September 9 confirmed the dismissal of an investigation into the possible complicity of French soldiers in the killings of Tutsi at Bisesero, in western Rwanda. ALSO READ: RPF investigators preserved evidence of the 1994 Genocide against the Tutsi The case was filed in 2005 by six Genocide survivors and human rights organisations, including Survie, Ibuka, the International Federation for Human Rights (FIDH), the French League of Human Rights (LDH) and Licra. The complainants accused French soldiers serving under Operation Turquoise of failing to intervene after becoming aware that Tutsi civilians were being attacked at Bisesero between June 27 and 30, 1994. The investigation was halted in 2018, with subsequent decisions by investigating judges in 2023 and the Paris Court of Appeal in 2024 upholding the dismissal. The civil parties then appealed to the Court of Cassation. The court found that the soldiers could not be expected to act without precise orders from their chain of command, particularly the French Ministry of Defence. It also said there was no evidence that the officers intended to facilitate crimes against Tutsi civilians. The court further held that the three-day delay before a rescue operation reflected the time needed to establish what was happening in the situation, while the soldiers had limited information about the Genocide against the Tutsi. Mukantaganzwa noted that France has previously prosecuted people accused of taking part in the Genocide against the Tutsi, many of them Rwandans, but said the latest decision would not end discussions around the Bisesero case. ALSO READ: Genocide: French prosecutors seek 15-year sentence for Muhayimana “France is one of the countries that have prosecuted many people, many of them Rwandans, who played a role in the Genocide against the Tutsi. Perhaps because this particular case involved French citizens, it was handled differently. But the matter will continue to be discussed,” she said. ‘We are not going to stop’ Philbert Gakwenzire, president of Ibuka, said the survivors’ organisation was disappointed by the decision and would explore other avenues to pursue the matter. “The case has been before the courts for a long time, and several decisions were taken before it reached the appeal stage. The court has now decided to close the case, and this is not a decision we are happy with as Ibuka, which represents Genocide survivors, and other organisations,” Gakwenzire said. He said several organisations had been involved in pursuing the case and would continue looking for ways to seek accountability. “We are not going to stop. We will continue to explore other avenues through which this matter can be addressed,” he said.
