His arrest came as a shock to many who had begun to believe he would never be found. As Rwandans often say, “A thief has only 40 days”, his time had finally run out.

Rwanda’s then-Minister of Justice, Johnson Busingye, said that Kabuga’s arrest was a great relief and a major milestone. “Having been on the run for 26 years, this shows that you can run, but you can’t hide forever. People had started to think he’d never be caught,” he said.

Despite the initial celebration, Kabuga’s trial soon became a highly unusual legal case. He was the only Rwandan to be tried by the International Residual Mechanism for Criminal Tribunals (IRMCT) in The Hague. Others were tried earlier in Arusha, before that tribunal closed.

During the three years before the trial was suspended in 2023, the proceedings were filled with unprecedented events. Kabuga’s trial was not business as usual, nor a mockery, but it was full of legal and procedural complexities.

A highly unusual trial

Kabuga’s courtroom appearances were limited to only 90 minutes per session, unlike other defendants who could sit through full-day hearings. His trial was scheduled three times a week, also unlike the intensive daily trials others faced. Due to reported health issues, Kabuga often attended via videoconference.

Five medical experts assessed him and concluded that he was not fit to stand trial. In September 2023, based on their report, the court formally suspended proceedings against him.

Kabuga became the first accused to be released from trial obligations due to health-related unfitness.This decision deeply disappointed many Rwandans, especially Genocide survivors, who had hoped for justice and accountability.

Kabuga’s courtroom appearances were limited to only 90 minutes per session, unlike other defendants who could sit through full-day hearings.

A billion-franc debt to the UN

Another astonishing aspect of Kabuga’s case is that he became the first Rwandan tried at the UN level to owe the organization money. Initially, Kabuga claimed he couldn’t afford a lawyer and was appointed French attorney Emmanuel Altit.

However, the court later opened an investigation into Kabuga’s finances and found he had enough means to cover the cost of his defense.

His eldest son, Donatien Nshimyumuremyi, unintentionally revealed this in a press statement on September 22, 2022, saying his father had substantial wealth and could hire any lawyer he wished. The court followed up, requesting detailed information about Kabuga’s assets.

On October 18, 2022, his son provided the requested information. A year later, in October 2023, the court concluded that Kabuga indeed had the capacity to pay back the $1,184,500 (approx. Rwf 1.7 billion) in legal fees and trial preparation costs.

Assets were identified in France, the UK, Belgium, Kenya, and Rwanda, including bank accounts, properties, and other valuables. Although exact figures remain confidential, the court confirmed that Kabuga had sufficient resources to pay the full amount.

Asset freezing and international cooperation

The court moved to freeze his known assets across the four countries. However, collecting the funds has proven difficult due to legal procedures in each country. Some governments have been slow to cooperate.

Additionally, even after the court ruled him unfit for trial, Kabuga remains detained in The Hague. Two countries declined to accept him on their soil, citing his role as a major architect of the Genocide against the Tutsi.

Though the court has not yet ruled out extraditing him to Rwanda, medical experts claim his condition makes such travel unsafe.

As of now, Kabuga is in legal limbo, neither standing trial due to illness, nor released, as no country is willing to accept him. It’s reminiscent of the biblical curse on Cain. “Now you are under a curse and driven from the ground… you will be a restless wanderer on the earth.”

Félicien Kabuga, considered one of the key financiers of the 1994 Genocide against the Tutsi, was arrested in France in 2020 after evading justice for 26 years.