Judges at the International Criminal Court (ICC) on Wednesday? upheld the decision to drop war crimes charges against Rwandan rebel leader for his? alleged role in deadly fighting in eastern Democratic Republic of the Congo (DRC) in 2009.
ICC in a unanimous decision by the Appeals Chamber came more than five months after the Pre-Trial Chamber decided not to confirm the charges against Callixte Mbarushimana and ordered that he be released from the custody of the ICC,? in Hague.
Mbarushimana, the Head of the Democratic Forces for the Liberation of Rwanda (FDLR) was accused of murder, torture, rape, attacks against civilians, the destruction of property, inhuman treatment and persecution.
FDLR forces fought against DRC? forces, Rwandan Government forces and UN peacekeepers in North Kivu and South Kivu throughout 2009.
In the decision handed down last December, ICC judges said there were substantial grounds to believe that FDLR soldiers had committed several war crimes in various villages during that period.
They added that, while acts amounting to war crimes were likely to have been committed on five of the 25 occasions outlined by prosecutors, there was not enough evidence to show that such acts were part of a course of conduct “an attack directed against the civilian population,” as defined under the law for crimes against humanity.
They further found that Mbarushimana did not provide any contribution to the commission of the alleged crimes.
According to ICC statement, the Prosecution said it took note of the appeals chamber's decision.
The prosecutor said: “ I am evaluating the decision to see whether it is possible to present a new case against Mbarushimana with additional evidence, in accordance with the Judges' ruling. ”
The ICC is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes if national authorities with jurisdiction are unwilling or unable to do so genuinely. (NAN)