Drew White QC | |
---|---|
Nationality | Canadian |
Occupation | Attorney |
Known for | Prosecuting human rights violations |
Drew White (QC) is an international lawyer from Canada [1] best known for his role in the conviction of Colonel Theoneste Bagosora, who the media dubbed "the mastermind" [2] [3] of the 1994 Rwanda genocide and who White referred to in his closing trial submissions as one of the "enemies of the human race". [4] [5] [6]
In total, between October 2000 and December 2011, White prosecuted the trials of six accused [7] at the International Criminal Tribunal for Rwanda (UNICTR) in Arusha, Tanzania, resulting in five convictions and life sentences at trial (four sentences were reduced on appeal). [8]
Between 11 and 16 November 2005 [9] [10] White cross-examined Colonel Bagosora [11] obtaining the admission that Bagosora had been just outside the office door where ten Belgian UN peacekeepers had sought refuge and were under attack by Rwandan Government Forces on the morning of 7 April 1994. [12] White had Bagosora concede that the Colonel knew that some of the 10 Belgians had been killed and some were still alive and that when he left the scene he expected the remaining Belgian peacekeepers to be killed. [13] That concession was a key piece of evidence upon which Bagosora was convicted of the murder of some of the peacekeepers. [14] White's lengthy cross-examination also helped to ground Bagosora's conviction at trial on numerous other counts of genocide, war crimes and crimes against humanity, [15] including the murder and sexual violation of Rwandan prime minister Agathe Uwilingiyimana [16] and the murder of the chief justice of the constitutional court, Joseph Kavaruganda. [17] [18]
Between 19 and 27 January 2004, [19] during the prosecution phase of the ‘Military 1 Trial’, [20] [21] White presented prosecution witness Lieutenant-General Romeo Dallaire [22] of the Canadian Armed Forces [23] (now Senator Dallaire), [24] the UNAMIR force commander [25] whose testimony was central to the case [26] and was reported to be the most-watched media event in the history of the ICTR, with an "unprecedented number of international reporters". [27] [28] White's examinations of Dallaire and his aide, Major Brent Beardsley, [29] extracted key evidence from the two witnesses [30] who had been obviously shaken from the experience of their observations in 1994. [31] Portions of that evidence [32] have become so widely known they are now central to the general public's understanding of the events in Rwanda, [33] such as Colonel Bagosora being the "kingpin" [34] whom the Trial Chamber confirmed was in charge on the morning of April 7, [35] as well as the evidence of sexual crimes, particularly as described by Maj. Beardsley. [36]
Other notable cross-examinations conducted by White in the ‘Military 1’ case include former Rwandan prime minister Jean Kambanda, [37] Colonel Luc Marchal [38] of the Belgian Armed Forces, and Joseph Nzirorera [39] the former head of the MRND political party and the president of the National Assembly. [8] [40]
UK journalist and author Linda Melvern, in her book "Conspiracy to Murder" repeatedly cited White's "methodical and thorough" [41] cross-examination of Col. Bagosora for the significance of the evidence that was adduced. [42] Following the December 2008 ‘Military 1’ trial judgement, CNN broadcast a special report by correspondent Christiane Amanpour, who reported that for international criminal law the case was a "milestone in justice" and of "enormous importance" [43] and commented that "... I have been watching this case from the beginning, and they said it couldn’t be done but let me tell you it has just been done ...". [44]
The 2011 conviction of government minister Jean-Baptiste Gatete for genocide and crimes against humanity [45] [46] was notable partly because the trial also established the grounds for Conspiracy to Commit Genocide, [47] a conviction which was held on appeal. The case thus stands as one of the very few to convict for Conspiracy to Commit Genocide. [48] Minister Gatete elected not to testify and therefore avoided cross-examination. [49] White's closing submissions [50] that Gatete be convicted and sentenced to life imprisonment were accepted by the trial court. [51] The appellate court later reduced the sentence to a term of 40 years because of a 7-year delay between the time of arrest and trial. [52] [53]
The 2012 conviction of Captain Ildephonse Nizeyimana for genocide, crimes against humanity and war crimes [54] [55] and for the April 1994 murder of the elderly Tutsi queen Rosalie Gicanda [56] in the town of Butare [57] was another legal milestone [58] that received significant public and media attention. [59] [60] It was the final trial of a Rwandan military officer at the ICTR. Distinctly, prosecution of the Nizeyimana case was recognized by the trial court as "... one of the fastest completions of a trial of this size in the history of the tribunal", after having heard 84 witnesses in 56 days. [61] [62] Captain Nizeyimana elected not to testify and therefore avoided cross-examination. The trial court followed White's closing submissions and sentenced Nizeyimana to life imprisonment but on 29 September 2014 the appellate court reduced the sentence to a term of 35 years, while upholding the majority of the convictions. [63]
In addition to courtroom advocacy White was a prolific legal writer in the course of the ICTR prosecutions, making significant written contributions to numerous indictments, two pre-trial briefs, three final briefs [64] [65] [66] and several hundred interlocutory proceedings on points of law and evidence. [67] The ‘Military 1’ final brief alone exceeded 950 pages in length, and began with White's authorship of an overview section entitled ‘The Philosophy of Genocide’ that placed the trial evidence of the events into a broader context. [68] Most of these contributions were during a period when there was little practical legal precedent in international criminal law and many of the issues were being dealt with for the first time. [69]
During the various prosecutions White worked with prosecution teams and alongside numerous other colleagues, some prominent in international criminal law, including Chile Eboe-Osuji, [70] currently a judge and President of the ICC-CPI, [71] Fatou Bensouda, [72] [73] currently the chief prosecutor of the ICC-CPI, [74] James Kirkpatrick Stewart, currently the deputy prosecutor of the ICC-CPI, [75] Stephen Rapp, [76] currently the global justice special ambassador for the USA State Dept., [77] Dr. Alex Obote-Odora, [78] currently a Stockholm University professor and author [79] and Dr. Alison Des Forges [80] (deceased 2009) the Rwanda historian and Human Rights Watch advisor who once observed that White was "... probably the only living person to have challenged Colonel Bagosora to his face." [81]
White’s human rights work supporting accountability through international investigations includes Rwanda, Libya, Syria, Iraq and Afghanistan. He was the Reporting Officer and Legal Advisor to the Office of the High Commissioner for Human Rights (OHCHR) [82] Investigation on Libya in 2015 (OIOL) [83] [84] producing a report for the Human Rights Council. [85] In 2016 for the Commission for International Justice and Accountability (CIJA) [86] he prepared an analysis report of evidence documenting extensive crimes and abuses in Syria and Iraq. During 2017-2019 he led human rights field teams to document civilian casualties, war crimes and crimes against humanity in Afghanistan, for the United Nations Assistance Mission for Afghanistan (UNAMA). [87] [88]
White's first trial was a prosecution in February 1988 at the youth court in Halifax, Nova Scotia while he was a student in the Criminal Law Clinic of Dalhousie Law School. Later that year he articled and then set up legal practice in Vancouver, British Columbia where he both defended individual clients and did ad hoc prosecutions on contract with the Provincial attorney-general's ministry, until 2000 when he contracted exclusively with the United Nations. [89]
White holds a law degree from Dalhousie University in Halifax, Nova Scotia and a philosophy degree from the University of British Columbia in Vancouver, British Columbia. [90] He appears on the List of Counsel [91] authorized to practice before the International Criminal Court, he is a member of the International Criminal Bar Association (BPI-ICB) [92] and since 1989 he has been a member of the Law Society of British Columbia (LSBC), where he is a barrister, solicitor and notary public. [93]
White was appointed as a Queen's Counsel (QC) in 2019. [94] [95] [96] The appointment was made by the Attorney-General of British Columbia, the Honourable David Eby QC, following a recommendation by an advisory committee that included the Chief Justice of British Columbia, Robert J. Bauman, the Chief Justice of the Supreme Court of British Columbia, Christopher E. Hinkson, [97] [98] the Chief Judge of the Provincial Court of British Columbia, Melissa Gillespie, [99] the President of the Law Society of BC, Nancy G. Merrill QC, [100] and the President of the Canadian Bar Association-BC Branch, Kenneth Armstrong QC. [101]
White appears briefly on-screen in director Christophe Gargot's French language documentary film “D’ Arusha a Arusha” Archived 2014-05-02 at the Wayback Machine (2009) [102] [103] that examines the process of international criminal tribunals and which features notable personalities including Paul Kagame, Navanethem Pillay, Erik Mose, Carla Del Ponte, Ramsey Clark, Faustin Twagiramungu, Laurien Ntezimana, Georges Ruggiu, Theoneste Bagosora and Raphael Constant. [103] White appears in an excerpt from the ‘Military 1’ courtroom, making submissions about the state of the evidence regarding the shooting down of the plane on 6 April 1994 that killed Rwandan president Juvenal Habyarimana and Burundian president Cyprien Ntaryamira. [104]
Following the completion of the Bagosora prosecution and the 'Military 1' trial, White gave a feature interview on the Canadian Broadcasting Corporation (CBC) national Radio One network to Matt Galloway for The Current news and information broadcast on 23 July 2007. The interview was selected as an 'Editor's Choice' as the highlight of the broadcast day and published online in the MeFeedia podcast system. [105]
The International Criminal Tribunal for Rwanda was an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to adjudicate people charged for the Rwandan genocide and other serious violations of international law in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. The court eventually convicted 61 individuals and acquitted 14.
Roméo Antonius Dallaire is a retired Canadian politician and military officer who was a senator from Quebec from 2005 to 2014, and a lieutenant-general in the Canadian Armed Forces. He notably was the force commander of UNAMIR, the ill-fated United Nations peacekeeping force for Rwanda between 1993 and 1994, and for trying to stop the genocide that was being waged by Hutu extremists against Tutsis. Dallaire is a Senior Fellow at the Montreal Institute for Genocide and Human Rights Studies (MIGS) and co-director of the MIGS Will to Intervene Project.
The Rwandan genocide, also known as the genocide against the Tutsi, occurred between 7 April and 19 July 1994 during the Rwandan Civil War. During this period of around 100 days, members of the Tutsi minority ethnic group, as well as some moderate Hutu and Twa, were killed by armed Hutu militias. Although the Constitution of Rwanda states that more than 1 million people perished in the genocide, the actual number of fatalities is unclear, and some estimates suggest that the real number killed was likely lower. The most widely accepted scholarly estimates are around 500,000 to 800,000 Tutsi deaths.
Théoneste Bagosora was a Rwandan military officer. He was chiefly known for his key role in the 1994 Rwandan genocide for which he was sentenced to life imprisonment by the International Criminal Tribunal for Rwanda (ICTR). In 2011, the sentence was reduced to 35 years' imprisonment on appeal. He was due to be imprisoned until he was 89. According to René Lemarchand, Bagosora was "the chief organizer of the killings". On 25 September 2021, he died in a prison hospital in Mali, where he was being treated for heart issues.
The assassination of presidents Juvénal Habyarimana and Cyprien Ntaryamira in the evening of April 6, 1994 was the proximate trigger for the Rwandan genocide, which resulted in the murder of approximately 800,000 Tutsi and a smaller number of moderate Hutu. The first few days following the assassinations included a number of key events that shaped the subsequent course of the genocide. These included: the seizing of power by an interim government directed by the hard-line Akazu clique; the liquidation of opposition Hutu politicians; the implementation of plans to carry out a genocide throughout the country; and the murder of United Nations peacekeepers, contributing to the impulse of the international community to refrain from intervention.
Pauline Nyiramasuhuko is a Rwandan politician who was the Minister for Family Welfare and the Advancement of Women. She was convicted of having incited troops and militia to carry out rape during the Rwandan genocide of 1994. She was tried for genocide and incitement to rape as part of the "Butare Group" at the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania. In June 2011, she was convicted of seven charges and sentenced to life imprisonment. Nyiramasuhuko is the first woman to be convicted of genocide by the ICTR, and the first woman to be convicted of genocidal rape.
Simon Bikindi was a Rwandan musician and singer who was formerly very popular in Rwanda. His patriotic and nationalist songs were playlist staples on the national radio station Radio Rwanda during the Rwandan Civil War. For his actions during the Rwandan genocide, he was tried and convicted for incitement to genocide by the International Criminal Tribunal for Rwanda (ICTR) in 2008. He died of diabetes at a Beninese hospital in December 2018.
Ildephonse Hategekimana is a Rwandan soldier who participated in the Rwandan genocide.
Casimir Bizimungu is a Rwandan politician.
Augustin Ndindiliyimana is a former Rwandan General and Chief of the Rwandan National Gendarmerie. He was convicted of genocide by the International Criminal Tribunal for Rwanda but he was acquitted by the tribunal upon appeal.
Édouard Karemera was a Rwandan politician who was convicted of genocide in 2011 after being apprehended in 1998.
On the evening of 6 April 1994, the aircraft carrying Rwandan president Juvénal Habyarimana and Burundian president Cyprien Ntaryamira, both Hutu, was shot down with surface-to-air missiles as their jet prepared to land in Kigali, Rwanda; both were killed. The assassination set in motion the Rwandan genocide, one of the bloodiest events of the late 20th century.
Callixte Kalimanzira was the interior minister of the interim government of Rwanda during the 1994 genocide.
Grégoire Ndahimana is the former mayor of Kivumu, Rwanda. Indicted and arrested for alleged war crimes by the International Criminal Tribunal for Rwanda (ICTR), Ndahimana is thought to be one of the key figures in the 1994 Rwandan genocide, and is claimed to have had up to 6,000 Tutsi killed. In 2013, he was convicted of genocide and crimes against humanity and sentenced to 25 years in prison.
Charles Ayodeji Adeogun-Phillips is a former United Nations genocide and war crimes prosecutor, international lawyer and founder of Charles Anthony (Lawyers) LLP.
Peter Robinson is an American lawyer who has defended political and military leaders at the United Nations International Criminal Tribunals. His clients include Bosnian Serb President Radovan Karadžić, Rwandan National Assembly President Joseph Nzirorera, Yugoslav Army Chief of Staff Dragoljub Ojdanic, and the lawyer for Liberian President Charles Taylor.
Kantano Habimana, commonly referred to as Kantano, was a presenter (animateur) on the Rwandan radio station RTLM, which played a significant role in promoting the genocide against the Tutsi. Like the station's other broadcasters, Habimana incited violence against Tutsi and moderate Hutu on the air.
Segun Jegede is an international lawyer from Nigeria who has practiced law for over three decades at domestic and international level. A prolific writer and author, Jegede's career highlights comprise his extensive work of over 13 years at the United Nations International Criminal Tribunal for Rwanda (UNICTR), and advocacy work in international criminal law through the Legal Watch and Human Rights Initiative, a registered non-profit organization he co-founded. His work at the UNICTR mainly revolved around the investigation and prosecution of some of the known masterminds of the egregious crimes committed during the Rwandan genocide. His perspectives of the historical events which led to the Rwandan genocide and the ground breaking case law generated by the UNICTR established to prosecute those who bear the greatest responsibility for the genocide are documented in his book, “The Rwandan Genocide: Historical Background and Jurisprudence”. In the book, Jegede provides a riveting account of the pre-genocide history of Rwanda, including the often overlooked elements that make the Rwandan genocide one of the worst human tragedies of our time. Through the cases, in an engaging and candid style, the Author reveals several ground breaking decisions of the UNICTR such as the pronouncement of rape as genocide and the conviction of a woman for rape as a crime against humanity. Jegede serves as a consultant for the International Labour Organization (ILO) on human trafficking issues and the National Human Rights Commission.
Mathieu Ngirumpatse is a Rwandan politician, who was president of the MRND.
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