Mr. Callixte Mbarushimana, the head of the Democratic Forces for the Liberation of Rwanda (known by their French acronym FDLR) was accused of murder, torture, rape, attacks against civilians, the destruction of property, inhuman treatment and persecution, was five months ago discharged of the charges by Prosecution against him by the Pre-Trial Chamber which ordered his release from ICC custody in The Hague.
However, it went up to the Appeal Chambers whose judges, today, confirmed the decision of the Pre-Trial Chambers while dismissing Prosecution's appeal against the decision of the lower Chambers to drop charges of war crimes against Mr. Mbarushimana.
FDLR forces (under Mbarushimana's leadership) it was alleged, fought against DRC Government forces, Rwandan Government forces and UN Peacekeepers in North Kivu and South Kivu throughout 2009. This, the ICC judges of chambers of first instance noted that there were substantial grounds to believe that FDLR soldiers committed several war crimes in various villages during that period but nevertheless, that there was not enough evidence to show that such acts were part of a course of conduct equalling "an attack directed against the civilian population," as defined under the law for crimes against humanity.
Mr. Callixte Mbarushimana was furthermore not found to have provided any contribution to the commission of the alleged crimes.
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