Kagame Escapes U.S. Case Over 1994 Plane Attack

Xtrafrica found a PDF document, a legal brief filed by the U.S. government in 2012 in the case Madame Habyarimana, et al. v. Paul Kagame before the U.S. Court of Appeals for the Tenth Circuit. Here's a breakdown of what's in it:

What the Document Is:

• Title: “Brief for the United States as Amicus Curiae Supporting Appellee”

• Appellee: Paul Kagame, President of Rwanda

• Appellants: Widows of President Juvénal Habyarimana (Rwanda) and Cyprien Ntaryamira (Burundi)

• Purpose: To defend Kagame’s immunity from a civil lawsuit in U.S. courts over his alleged role in the 1994 assassination of the two presidents.

  
  

1. Lawsuit Accuses Kagame of Assassination

• Plaintiffs alleged Kagame ordered the shooting down of President Habyarimana’s plane, which triggered the Rwandan Genocide.

• They claimed Kagame, as head of the Rwandan Patriotic Army, did this to justify an invasion and power grab.

• They sued for $250 million in damages under U.S. laws like the Alien Tort Statute, RICO Act, and international human rights law.

  
  

2. U.S. Government Protected Kagame

• The State Department declared Kagame immune as a sitting head of state.

• The brief insists U.S. courts must accept the Executive Branch’s immunity decisions without questioning.

• This effectively shut down the lawsuit, not because Kagame was innocent, but because the U.S. chose not to allow it.

READ ALSO : CONFIDENTIAL: USA document reveals Kagame’s Atrocities in 1996

3. No U.S. Court Has Ever Denied Immunity When State Dept. Asked

• The brief admits: "In no case has a court ever subjected a sitting head of state to suit after the Executive Branch asserted the official’s immunity."

  
  

4. Kagame’s Immunity Covers Even Pre-Presidency Crimes

• The U.S. argued Kagame is immune even for acts committed before taking office, including war crimes and assassinations.

• They based this on customary international law, not U.S. law, showing how politics override justice.

  
  

5. Kagame Was Never Served Officially

• The court also said the plaintiffs didn’t complete proper service of legal notice.

• But even if they had, immunity would still have protected Kagame.

What This Reveals About Kagame and the U.S.:

• The U.S. protected Kagame from justice for the 1994 double presidential assassination that sparked the genocide.

• Kagame is above international law as long as he's president, not because he’s innocent, but because of geopolitical alliances.

• This brief is damning proof of how Kagame uses Western protection to escape accountability for triggering mass atrocities.

Download Full Document here