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 Editions Sources du Nil  : Livres sur le Rwanda, Burundi, RDCongo

Presidents’ Widows Appeal Obama Immunity for Indicted Murderer

14 Décembre 2011 , Rédigé par Editions Sources du Nil Publié dans #Justice et Droits de l'homme

NEWS ADVISORY

12/8/2011


Dec. 5, 2011 – Oklahoma City, OK.

The widows of two African Presidents slain in the 1994 missile attack on the Presidential plane that triggered the “Rwanda genocide,” filed notice with the 10th Circuit Federal Court of Appeals challenging “head-of-state” immunity granted to the current President of Rwanda, by the Obama administration in Habyarimana v. Kagame.
Kagame has been indicted for the murders of the Presidents in France and Spain. On October 1, Kagame’s former Chief of Staff issued a public statement admitting his knowledge of Kagame’s role in the assassination of the two Presidents and the cover-up, assisted by the ruling party and its supporters in the U.S government.

The top UN Prosecutor Carla Del Ponte’s memoir states she was fired by the U.S. in 2003 when she publicly announced she had the evidence to prosecute Kagame and the RPF for “Rwanda genocide” crimes. A District Court in Oklahoma City dismissed the wrongful death lawsuit against Kagame for the assassination of Rwandan President Juvenal Habyarimana and Burundian President Cyprien Ntaryamira after the Obama administration claimed that “head-of-state” immunity applies to acts Mr. Kagame allegedly committed as a private citizen, not related to any government policy, which occurred long before he became Rwandan head-ofstate.

The Supreme Court has already established in Clinton v. Jones, 520 U.S.681 (1997) that U.S. Presidents may not claim immunity for acts committed before becoming head-of-state. In June 2010, the Supreme Court held in Samantar v. Yousuf, 130S.Ct.2278 (2010) that individual immunity is derived from the sovereign immunity of the state, and individuals may only claim immunity for acts committed in on behalf of a government, when acting in an official capacity.

According to Prof. Peter Erlinder (IHLI Director and co-Counsel on appeal with John Zelbst, Esq. of Lawton, Oklahoma): “Whether Mr. Obama has the power to grant an expansive immunity from suit in U.S. courts to a foreign head-of-state, that Mr. Obama could not claim for himself; nor could be claimed by the Mr. Kagame, is a question of first impression that raises a basic separation of powers question: does the Supreme Court or the Executive Branch ultimately decide the scope of immunity from suit in Article III courts? It is a question the Supreme Court will eventually have to decide.”

Oral argument is requested, a briefing schedule will be set by the Court.

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