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Gatumba, the United States and the ICC

Published on : 6 December 2004 - 12:00am | By International Justice Tribune
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While the US government is stepping up pressure on states to sign bilateral agreements guaranteeing American citizens freedom from prosecution at the International Criminal Court (ICC), the conflict that divides the US from most of its Western partners has found a new forum for debate. While renewing the UN mandate in Burundi, the Security Council also acknowledged a UN report on the Gatumba massacre, as well as a letter on the subject sent by the Burundi government on 29 October. On 13 August, at least 152 Congolese Banyamulenge refugees were murdered in their transit camp at Gatumba, Burundi. The UN has filed its investigative report into the killings, and the Burundi authorities say their own report will be published soon. It will then «refer the matter to the International Criminal Court to have the culprits called to account for their actions». In its resolution of 1 December, the Security Council «reiterated its strong condemnation of the Gatumba massacre». Stating that it is «deeply troubled by the fact that Mr Agathon Rwasa\'s Forces nationales de libération (Palipehutu-FNL) have claimed responsibility for the Gatumba massacre», the Security Council «expresses its intention to consider appropriate measures that might be taken against those individuals who threaten the peace and reconciliation process in Burundi». Finally, it «takes note» of the Burundi authorities\' commitment to rapidly complete its investigation «with international support as appropriate». Behind such coded language lies the ICC. The US ambassador made it clear that he «supports the resolution based on the understanding that it in no way directs, encourages, or authorizes *the UN mission+ to cooperate with or support the ICC». By contrast, France, Great Britain, Germany and Spain made a point of welcoming the possibility of referring the Gatumba massacre to the international court.

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