Callixte Mbarushimana, accused of controlling troops in the Democratic Republic of Congo (DRC) from Paris has been transferred to the International Criminal Court (ICC) detention facility in The Hague, Netherlands. Mbarushimana is originally from Rwanda, and has lived in France for several years, but was the Executive Secretary for the Democratic Forces for the Liberation of Rwanda, (FDLR) and is accused of six counts of war crimes. Mbarushimana was arrested October 11, in Paris, contested his deportation to The Hague and was transferred by France yesterday. This case was originally blogged about on this site at his arrest.
This case presents interesting issues in its assertion of command responsibility. Mbarushimana is alleged to have directed the work of the FDLR from Paris, and is accused of war crimes including rape. The FDLR operates in the Kivus region of Eastern Congo and is alleged to have committed atrocities, including rape. The Office of the Prosecutor summarized the charges in a fact sheet at his arrest:
[T}he OTP alleges that Mr. Callixte
MBARUSHIMANA is responsible for the war
crimes of (1) attacks against the civilian
population; (2) destruction of property; (3)
murders or willful killings; (4) rape; (5)
inhuman treatment; and (6) torture, and the
crimes against humanity of (1) murders; (2)
torture; (3) rape; (4) inhumane acts; and (5)
Mbarushimana will next have a preliminary or arraignment hearing, followed by a confirmation of charges hearing where the court will determine if there is sufficient evidence to support the charges. Likely issues include the evidence of his control, knowledge and direction of the conduct of troops in Africa when he resided in France.