Résumé
François Rivasseau asserts that the International Convention against Genocide is not yet integrated by French law. This is false since March 1st, 1994, when the new Criminal Code entered into force.
Citation
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5C29FF 131721Z /38
P 131729Z JUL 94
FM AMEMBASSY PARIS
TO SECSTATE WASHDC PRIORITY 7759
USMISSION USUN NEW YORK PRIORITY
INFO AMEMBASSY THE HAGUE
USMISSION GENEVA
AMEMBASSY PRETORIA
AMEMBASSY ADDIS ABABA
AMEMBASSY DAR ES SALAAM
AMEMBASSY NAIROBI
AMEMBASSY LAGOS
AMEMBASSY KAMPALA
AMEMBASSY DAKAR
AMEMBASSY TUNIS
CONFIDENTIALSECTION 01 OF 02 PARIS 19216
DEPARTMENT PLEASE PASS UN SECURITY COUNCIL COLLECTIVE
E.O. 12356: DECL: OADR
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TAGS: PREL, PHUM, UN, RW, FR
SUBJECT: CONSULTATIONS WITH FRANCE ON RWANDA WAR
CRIMES ISSUES
REF: STATE 184612
1.
CONFIDENTIAL - ENTIRE TEXT.
2. SUMMARY: QUAI POLITICAL AFFAIRS DIRECTOR RIVASSEAU
TOLD US JULY 13 THAT THE GOF IS ANXIOUS TO HAVE THE UN
MOVE FORWARD AS QUICKLY AS POSSIBLE UNDER RESOLUTION
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: ARCHIE M BOLSTER
DATE/CASE ID: 05 MAY 2011 201005065
UNCLASSIFIED
OASY-00
10-16
01C-02
SCT-03
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935. HE BELIEVES CONSTITUTING A WAR CRIMES TRIBUNAL
ALONG THE LINES OF WHAT IS BEING DONE FOR EX-YUGOSLAVIA
WOULD BE APPROPRIATE, BUT THAT A LEGAL FRAMEWORK IS
NECESSARY BEFORE FRANCE OR ANY OTHER NATION ACTS
AGAINST WAR CRIMINALS. THE GOF PREFERS CONSULTATIONS
ON RWANDA TO BE HELD AT THE UN, BUT RIVASSEAU WAS NOT
PREPARED TO COMMIT TO A BILATERAL SESSION AND WILL GET
BACK TO US. END SUMMARY.
3. WE SPOKE TO THE DIRECTOR OF THE QUAI'S OFFICE OF
POLITICAL AFFAIRS, FRANCOIS RIVASSEAU, AND THE HUMAN
RIGHTS DESK OFFICER FOR AFRICA JULY 13 TO PRESENT
REFTEL TALKING POINTS. RIVASSEAU STATED THAT THE GOF
IS ALREADY GATHERING INFORMATION, SOME OF WHICH IT HAS
TRANSMITTED TO THE UN. IT IS PREPARED TO SUPPLY THE
REST TO ANY PROPERLY CONSTITUTED BODY AND SEEKS USG
HELP IN PUSHING FOR EARLY ARRIVAL IN RWANDA OF A UN
COMMISSION UNDER RES. 935.
4.
RIVASSEAU AGREED THAT INTERNATIONAL PROSECUTIONS,
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SUCH AS THOSE BEING PREPARED FOR EX-YUGOSLAVIA, WOULD
BE APPROPRIATE. HE STRESSED THAT THE RWANDAN CASE WAS
OF GREATER MAGNITUDE AND THE MECHANISM WOULD HAVE TO BE
ADAPTED. THE GOF CURRENTLY IS REFLECTING ON THIS
ASPECT. WITH REGARD TO ARRESTING AND DETAINING ACCUSED
PERSONS, HE SAID, THE GOF DOES NOT HAVE MANY IDEAS.
FIRST, HE POINTS OUT, FRANCE DOES NOT HAVE AUTHORITY
("MANDAT") FROM THE UN TO ACT. THE ONLY PRECEDEN/ r rif
SOMALIA, WHERE THE UN FAILED IN TRYING TO ARREST ONLY
EIGHT PEOPLE. IN RWANDA, BY CONTRAST, HUNDREDS ARE
INVOLVED. THE GOF IS PREPARED TO COLLABORATE FULLY IN
IMPLEMENTING ANY SOLUTION BUT, HE UNDERLINED, CANNOT BE
EXPECTED TO GET OUT IN FRONT OF THE UN.
5. ACCORDING TO RIVASSEAU, FRANCE CURRENTLY HAS NO
AUTHORITY TO ARREST PEOPLE FOR GENOCIDE, BECAUSE THE
INTERNATIONAL CONVENTION HAS NOT YET BEEN ADOPTED INTO
FRENCH LAW, ALTHOUGH A DRAFT LAW NOW IS UNDER
CONSIDERATION. WHAT IS REQUIRED IS A SECURITY COUNCIL
RESOLUTION REQUESTING ALL COUNTRIES TO ARREST WAR
CRIMINALS WITHIN THEIR JURISDICTION, AS INVOKED IN THE
RECENT CASE OF A SERB ARRESTED IN GERMANY FOR WAR
CRIMES COMMITTED IN EX-YUGOSLAVIA. RIVASSEAU ADDED
THAT SECURITY OF FRENCH TROOPS IN RWANDA WAS NOT A
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DETERRING FACTOR. THE GOF WAS PREPARED TO ACT AS SOON
AS THERE WAS A JURIDICAL BASIS. HE FELT IT IMPORTANT
THAT ALL COUNTRIES OF THE REGION PARTICIPATE IN THE
ARREST OF WAR CRIMINALS.
UNCLASSIFIED
6. AS TO A VENUE FOR CONSULTATIONS, RIVASSEAU DECLARED
THAT FRANCE PREFERRED THE UN. HE WAS NOT PREPARED TO
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COMMIT TO A U.S.-FRENCH BILATERAL MEETING HOWEVER, AND
PROMISED TO GET BACK TO THE EMBASSY AFTER CONSULTING
HIGHER AUTHORITY.
7. RIVASSEAU EMPHASIZED THAT THE GOF WILL NOT ALLOW
THE SECURITY ZONE ESTABLISHED BY FRENCH TROOPS IN
RWANDA TO BECOME A REFUGE FOR WAR CRIMINALS, THOUGH HE
NOTED FRENCH TROOPS CURRENTLY HAVE NO AUTHORITY TO
ARREST OR DETAIN SUSPECTED WAR CRIMINALS THEY MAY
NOTE: NOT PASSED TO ABOVE ADDRESSEE(S)
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P 131729Z JUL 94
FM AMEMBASSY PARIS
TO SECSTATE WASHDC PRIORITY 7760
USMISSION USUN NEW YORK PRIORITY
INFO AMEMBASSY THE HAGUE
USMISSION GENEVA
AMEMBASSY PRETORIA
AMEMBASSY ADDIS ABABA
AMEMBASSY DAR ES SALAAM
AMEMBASSY NAIROBI
AMEMBASSY LAGOS
AMEMBASSY KAMPALA
AMEMBASSY DAKAR
AMEMBASSY TUNIS
UNCLASSIFIED
CONFIDENTIALSECTION 02 OF 02 PARIS 19216
DEPARTMENT PLEASE PASS UN SECURITY COUNCIL COLLECTIVE
E.O. 12356: DECL: OADR
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PARIS 19216 02 OF 02 131720Z
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TAGS: PREL, PHUM, UN, RW, FR
SUBJECT: CONSULTATIONS WITH FRANCE ON RWANDA WAR
CRIMES ISSUES
ENCOUNTER THERE.
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