Enos Kagaba

Last updated

Enos Kagaba
Enos Kagaba.jpg
Born
Enos Iragaba Kagaba

1954 (age 6869)
NationalityRwandan
OccupationBusinessman
Conviction(s) Crime against humanity
Criminal penalty Life imprisonment
Date apprehended
February 2001
Imprisoned at Nyarugenge Prison

Enos Iragaba Kagaba (born 1954, Kibuye Prefecture) [1] is a Rwandan businessman who, in 2001, was arrested at the Minneapolis-Saint Paul International Airport when he attempted to gain entry into the United States. [2]

Contents

Arrest and Gacaca courts

He was initially charged with fraud and attempting to enter the country under false identity. Once the Immigration and Customs Enforcement's Human Rights Violators and Public Safety Unit (HRVPSU) became aware that Rwanda had issued an international arrest warrant against Kagaba for actions of genocide during the 1994 war in Rwanda, genocide charges were also added. [3] A removal order was then issued.

This was the first incidence in the United States of a removal order for the accusation of genocide. The United States used 18 U.S.C. §2340a to establish jurisdiction over Kagaba. [2] This statute granted jurisdiction over an alleged offender if he: a) is a national of the United States OR b) is present in the United States (regardless of whether he or the victims(s) are/were U.S. nationals).

In October 2011 he was sentenced to life imprisonment for his important role in the Rwandan genocide. [4]

COVID-19 pandemic

In March 2021, he and the others were vaccinated, Kagaba showed his gratitude to the government, thanking you for thinking about them. [5]

Related Research Articles

<span class="mw-page-title-main">Genocide</span> Intentional destruction of a people

Genocide is the intentional destruction of a people in whole or in part. In 1948, the United Nations Genocide Convention defined genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group." These five acts were: killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly.

<span class="mw-page-title-main">International Criminal Tribunal for the former Yugoslavia</span> 1993–2017 Netherlands-based United Nations ad hoc court

The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal was an ad hoc court located in The Hague, Netherlands.

Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.

<span class="mw-page-title-main">International Criminal Tribunal for Rwanda</span> 1994 court of the United Nations Security Council

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 judge people responsible 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.

U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from the cross-border crime and illegal immigration that threaten national security and public safety.

Worcester v. Georgia, 31 U.S. 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional. The opinion is most famous for its dicta, which laid out the relationship between tribes and the state and federal governments. It is considered to have built the foundations of the doctrine of tribal sovereignty in the United States.

<span class="mw-page-title-main">Rwandan genocide</span> 1994 genocide in Rwanda

The Rwandan genocide occurred between 7 April and 15 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. The most widely accepted scholarly estimates are around 500,000 to 662,000 Tutsi deaths.

<span class="mw-page-title-main">Théoneste Bagosora</span> Rwandan military officer (1941–2021)

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.

<span class="mw-page-title-main">Pauline Nyiramasuhuko</span> Rwandan politician

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.

<span class="mw-page-title-main">Paul Rusesabagina</span> Rwandan-Belgian humanitarian

Paul Rusesabagina is a Rwandan human rights activist. He worked as the manager of the Hôtel des Mille Collines in Kigali, during a period in which it housed 1,268 Hutu and Tutsi refugees fleeing the Interahamwe militia during the Rwandan genocide. None of these refugees were hurt or killed during the attacks.

Jean Kambanda is a Rwandan former politician who served as the Prime Minister of Rwanda in the caretaker government from the start of the 1994 Rwandan genocide. He is the only head of government to plead guilty to genocide, in the first group of such convictions since the Convention on the Prevention and Punishment of the Crime of Genocide came into effect in 1951.

Simon Bikindi was a Rwandan singer-songwriter who was formerly very popular in Rwanda. His patriotic songs were playlist staples on the national radio station Radio Rwanda during the war from October 1990 to July 1994 before the Rwandan Patriotic Front took power. For actions during the april 1994's genocide against Tutsi, 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 late 2018.

<span class="mw-page-title-main">International criminal law</span> Public international law

International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.

The Völkerstrafgesetzbuch, abbreviated VStGB, is a German law that regulates crimes against (public) international law. It allows cases to be brought against suspects under international criminal law provisions, meaning that suspects can be prosecuted even though both they and their victims are foreigners and the crime itself took place abroad.

Ex parte Vallandigham, 68 U.S. 243 (1864), is a United States Supreme Court case, involving a former congressman Clement Vallandigham of Ohio, who had violated an Army order against the public expression of sympathy for the Confederate States and their cause. Vallandigham was tried before a military tribunal by Major General Ambrose E. Burnside for treason after he delivered an incendiary speech at Mount Vernon; he then appealed the tribunal's verdict to the Supreme Court, arguing that he as a civilian could not be tried before a military tribunal.

An atrocity crime is a violation of international criminal law that falls under the historically three legally defined international crimes of genocide, war crimes, and crimes against humanity. Ethnic cleansing is widely regarded as a fourth mass atrocity crime by legal scholars and international non-governmental organizations (NGOs) working in the field, despite not yet being recognized as an independent crime under international law.

<span class="mw-page-title-main">Immigration detention in the United States</span>

The United States government holds tens of thousands of immigrants in detention under the control of Customs and Border Protection and the Immigration and Customs Enforcement (ICE). Immigrants are detained for unlawful entry to the United States, when their claims for asylum are received, and in the process of deportation and removal from the country. During Fiscal Year 2018, 396,448 people were booked into ICE custody: 242,778 of whom were detained by CBP and 153,670 by ICE's own enforcement operations. A daily average of 42,188 immigrants were held by ICE in that year. In addition, over twelve thousand immigrant children are housed by facilities under the supervision of the Office of Refugee Resettlement's program for Unaccompanied Alien Children. Prior to referral to these other agencies, the CBP holds immigrants at processing centers; between mid-May and mid-June 2019, it held between 14,000 and 18,000 immigrants.

<span class="mw-page-title-main">Fugitive Felon Act</span> United States federal law

The Fugitive Felon Act, abbreviated FFA, is a United States federal law that criminalizes interstate flight in order to avoid prosecution or giving testimony in state felony proceedings, a crime termed unlawful flight.

Prosecution of gender-targeted crimes is the legal proceedings to prosecute crimes such as rape and domestic violence. The earliest documented prosecution of gender-based/targeted crimes is from 1474 when Sir Peter von Hagenbach was convicted for rapes committed by his troops. However, the trial was only successful in indicting Sir von Hagenbach with the charge of rape because the war in which the rapes occurred was "undeclared" and thus the rapes were considered illegal only because of this. Gender-targeted crimes continued to be prosecuted, but it was not until after World War II when an international criminal tribunal – the International Military Tribunal for the Far East – were officers charged for being responsible of the gender-targeted crimes and other crimes against humanity. Despite the various rape charges, the Charter of the Tokyo Tribunal did not make references to rape, and rape was considered as subordinate to other war crimes. This is also the situation for other tribunals that followed, but with the establishments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), there was more attention to the prosecution of gender-targeted crimes with each of the statutes explicitly referring to rape and other forms of gender-targeted violence.

<span class="mw-page-title-main">Genocides in history</span> Overview of genocide in a historical context

Genocide is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group. The term was coined in 1944 by Raphael Lemkin. It is defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) of 1948 as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group's conditions of life, calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group."

References

  1. "Declaration de M. Kagaba Enos, Detenu a la Prison Centrale de Kigali".
  2. 1 2 Beth Van Schaack & Ronald C. Slye, International Criminal Law and Its Enforcement: Cases and Materials (2007)
  3. "INSIDE ICE Newsletter: Volume 1, Issue 13: ICE WINS LANDMARK RWANDAN GENOCIDE CASE". Archived from the original on September 23, 2008. Retrieved September 25, 2008.
  4. "Karongi Gacaca court hands life sentence to Kagaba". October 7, 2011.
  5. "Inmates grateful as Covid-19 vaccination exercise is taken to prisons". March 9, 2021.