WAR CRIMES CHARGES UNDER SCRUTINY Ignace Murwanashyaka and Straton Musoni Context Ongoing proceedings in Germany against former officials of the Democratic Forces for the Liberation of Rwanda (Forces Démocratiques de Libération du Rwanda – FDLR) for alleged serious crimes under international law committed in the Democratic Republic of the Congo (DRC). The FDLR, formerly the Armée de Libération du Rwanda (Liberation Army of Rwanda) was created in 2001 and has been operating in the eastern DRC since then. Some of its members have been accused of participating in the 1994 genocide in Rwanda. Suspects Ignace Murwanashyaka has been head of the FDLR since 2001. Straton Musoni has been his deputy since 2004. Country of residence of suspects Germany; Straton Musoni still lives in Germany, but with the order to leave the country Charges Ordering and coordinating crimes against humanity and 16 counts of war crimes committed by the FDLR on Congolese territory between January 2008 and November 2009; belonging to a terrorist group Developments in 2018 The appeal hearing took place on 31 October 2018 before the Federal Court of Justice (Bundesgerichtshof). On 20 December 2018, the appeal of Straton Musoni was rejected. Yet, the Federal Court of Justice partially overturned the conviction of Ignace Murwanashyaka on the ground of aiding and abetting war crimes. The Federal Court requested the higher regional Court in Stuttgart to re-examine the issue. Current status Sentenced to prison for 8 and 13 years; under appeal. Despite his appeal, Ignace Murwanashyaka is still in detention in Germany; Straton Musoni is not in custody since 28 September 2015. Stuttgart regional council has reportedly asked Straton Musoni on 12 February 2018 to leave Germany. A return to Germany is forbidden to him for nine years. Facts In 2009, Rwanda and the DRC led a joint military operation aimed at neutralizing the FDLR. This operation resulted in various retaliatory attacks by the FDLR on Congolese civilians, including women, children and other vulnerable persons. The two suspects are accused of having coordinated attacks that resulted in the death of civilians, pillage, recruitment of child soldiers, and rape and other forms of sexual violence. Procedure Ignace Murwanashyaka and Straton Musoni were arrested in Germany on 17 November 2009, following the issuance of an arrest warrant by the German Federal Court of Justice on 16 November 2009. 51 Their trial before the Higher Regional Court in Stuttgart began on 4 May 2011 and ended after 320 days of hearings, on 28 September 2015. During the proceedings, 11 of the 16 initial charges of war crimes and crimes against humanity were dropped. The Higher Regional Court of Stuttgart issued its first instance verdict on 28 September 2015, convicting Ignace Murwanashyaka of five counts of aiding and abetting war crimes and of leading a foreign terrorist organization, and sentencing him to 13 years in prison. Straton Musoni was sentenced to eight years’ imprisonment for his role as leader in a foreign terrorist organization. The judgment was appealed. The appeal hearing took place on 31 October 2018 before the Federal Court of Justice (Bundesgerichtshof). Read more about the case