DE LA CREATION D'UN TRIBUNAL PENAL INTERNATIONAL POUR LE BURUNDI

Dans les lignes qui suivent, un spécialiste burundais du droit international s'exprime sur la création d'un Tribunal Spécial pour le Burundi. Nous avons préféré garder le texte dans sa version originale afin de n e pas altéter sa teneur.

Bonne lecture

There are currently long discussions on the opportunity of creating a special criminal tribunal for Burundi. The only way to punish the perpetrators of the crime of genocide is the creation of a special criminal court.

Even if the truth commissions have succeeded in many countries at the end of internal conflicts, they cannot prevent the punishment of the crime of genocide because it will still be a jus cogens crime that must be punished. Besides, the role played by those truth commissions was not the judgement of crimes, but they helped to know who didwhat, and in that way they facilitated the reconciliation of the ancient ennemies/belligerants. We have to keep in mind that in all the cases where the truth commissions succeeded, there was no case of genocide. There were some crimes against humanity or other crimes. However, it is not the case in Burundi because there is evidence that the crime of genocide has been committed in that small country. In that way, there has absolutely and according to International Law, to be apunishment of the crime. But, how to punish the perpetrators of the crime? Only a special criminal tribunal can do it because there is "unwillingness" and "unableness" of the government to try the perpetrators. Otherwise, the crime will remain unpunished and Burundi violating the international law and customs.

Recalling the fact that the crime of genocide is a juscogens crime, no agreement(whether national or international) can prevent the application of the international law, i.e the punishment of the crime ofthe crimes. The truth and reconciliation commission can do its job of knowing the exact reality of the conflicts, but whether today or in a few years, international law must be applied. Those who talk about referendum to accept or not the judgement of the crime of genocide should know that no agreement or other sort of understanding is possible in case of genocide.

This is my opinion on the opportunity of creating a special criminal tribunal for Burundi, like that one in Sierra Leone.