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The village of Kilwa in Katanga province in the Democratic Republic of the Congo was the site of combat in October 2004. Having come under the control of rebel forces from Zambia belonging to the Revolutionary Movement for the Liberation of Katanga (MRLK), the troops of the Congolese Army (FARDC) were ordered by President Kabila to regain control over the village. After three hours of heavy shelling on 15 October 2004, the FARDC forces succeeded.

During the take over, it is alleged that they committed acts of pillaging, wanton destruction as well as illegal detentions and summary executions. Some 70 villagers were killed. The present decision was rendered by the Katanga Military Court after proceedings widely described by international observers as unfair and biased by political interferences and procedural irregularities. In its verdict, the Court found the commander in charge of the attack, Adémar Ilunga, and three soldiers guilty for the illegal arrest, detention, and murder of two persons. These crimes, however, were not committed during the attack of Kilwa. All the other accused were acquitted, the Court having concluded the victims were members of a rebel group killed during the attack. The Australian company, Anvil Mining Congo, was also accused, FARDC soldiers having used company property, including a plane, to lead the attack and commit the alleged crimes. However, the Court concluded that the FARDC had requisitioned the vehicles and acquitted Anvil and three of its employees.

The present case concerned the role of Ferdinand Nahimana and Jean-Bosco Barayagwiza in the Radio television libre des mille collines (RTLM), that of Hassan Ngeze in the publication of the Kangura newspaper, as well as Jean-Bosco Barayagwiza’s involvement in the Coalition pour la défense de la République (CDR) and the role of Hassan Ngeze in the killing of Tutsis in Gisenyi prefecture on 7 April 1994.

Trial Chamber I originally found the Accused guilty of conspiracy to commit genocide, genocide, direct and public incitement to commit genocide and persecution and extermination as crimes against humanity and sentenced each Accused to a single term of life imprisonment. However, it has reduced the sentence imposed on Barayagwiza to 35 years, taking into account the violation of his rights.

The Accused appealed their convictions and sentence. The Appeals Chamber reversed certain findings of the Trial Chamber and affirmed others. With regard Nahimana, the Appeals Chamber reduced his sentence to 30 years’ imprisonment. Barayagwiza’s sentence was reduced to 32 years of imprisonment. Finally, the Appeals Chamber substituted Ngeze’s life sentence by a prison term of 35 years.  

On 6 November, a Belgian Court handed down its judgment in a case concerning five foreign fighters and another individual who assisted the fighters travelling from Belgium. The foreign fighters had travelled to Somalia or Syria where they had joined jihadist groups, including Al-Shabab and Jabhat al Nusra. One of the accused, Kamal A, is thought to still be fighting in Syria with Jabhat al Nusra and another, Sami L, is believed to have died while carrying out a suicide attack in Iraq. The defendants received sentences ranging from 3 to 10 years’ imprisonment for having participated in the activities of a terrorist group via their various actions of support, assistance or actual fighting in the conflict. 

Agathe Habyarimana (maiden name: Agathe Kanzigas) is the widow of former Rwandan President Juvénal Habyarimana whose death on 6 April 1994 marked the beginning of the Rwandan genocide that was to result in the death of some 500,000 Tutsis and moderate Hutus within the lapse of a few months. Agathe Habyarimana is frequently regarded as one of the powers behind Juvénal habyarimana’s Presidencey and as part of the inner circle responsible for the planification and organisation of the Rwandan genocide. On 9 April 1994, she was airlifted to France.

In July 2004, she applied for refugee status but her application was denied by the French Office of Protection of Refugees and Stateless Persons (OFPRA). The rejection was confirmed on appeal by the Appeals Commission for Refugees in February 2007.

On appeal to the Conseil d’Etat, the highest administrative court in France, Agathe Habyarimana sought to prove that the Appeals Commission had committed an error in law and in fact when it concluded that she had participated in the planning, organising and direction of the genocide in Rwanda since 1990 and ultimately denied her request to overturn the rejection of her request for refugee status. The Conseil d’Etat rejected the appeal by a decision of 16 October 2009.