Affaire Ongwen : la Chambre de première instance IX de la CPI ordonne des réparations pour les victimes

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Les juges de la Chambre de premiĆØre instance IX de la CPI lors du prononcĆ© de l’ordonnance de rĆ©paration aux victimes dans l’affaire Ongwen, le 28 fĆ©vrier 2024.

Aujourd’hui, le 28 fĆ©vrier 2024, la Chambre de premiĆØre instance IX de la Cour pĆ©nale internationale , composĆ©e des juges Bertram Schmitt, Peter KovĆ”cs et Chang-ho Chung, a rendu en audience publique son ordonnance de rĆ©paration aux victimes dans l’affaireĀ Le Procureur c. Dominic Ongwen.Ā La Chambre a fixĆ© la responsabilitĆ© financiĆØre de M. Ongwen Ć  52 429 000 EUR et a ordonnĆ© des rĆ©parations collectives communautaires axĆ©es sur la rĆ©habilitation et des mesures symboliques de satisfaction, comprenant des programmes de rĆ©habilitation collective, ainsi qu’une indemnitĆ© symbolique de 750 € pour toutes les victimes Ć©ligibles, ainsi que d’autres mesures symboliques communautaires.

Le juge Bertram Schmitt, juge prĆ©sident, a lu un rĆ©sumĆ© de l’ordonnance de rĆ©paration Ć  l’encontre de M. Ongwen. Il a expliquĆ© que la Chambre a estimĆ© le nombre de victimes directes et indirectes potentiellement Ć©ligibles Ć  environ 49 772 victimes.

La Chambre a conclu que les victimes directes des attaques, les victimes directes de crimes sexuels et sexistes, ainsi que les enfants nĆ©s de ces crimes et les anciens enfants soldats ont subi un prĆ©judice physique, moral et matĆ©riel grave et durable. Les victimes indirectes de tous ces crimes ont subi un prĆ©judice moral et matĆ©riel. En outre, l’ensemble de la communautĆ© des victimes a subi un prĆ©judice communautaire, et les enfants des victimes directes et les enfants nĆ©s de crimes sexuels et sexistes ont subi un prĆ©judice transgĆ©nĆ©rationnel.

La Chambre a dĆ©clarĆ© M. Ongwen indigent aux fins des rĆ©parations et a encouragĆ© le Fonds au profit des victimes (FPV) Ć  complĆ©ter les rĆ©parations accordĆ©es, dans la mesure du possible, et Ć  s’engager dans des efforts supplĆ©mentaires de collecte de fonds dans la mesure nĆ©cessaire pour complĆ©ter la totalitĆ© de l’indemnitĆ©.

Notant l’indigence de M. Ongwen, la Chambre reconnaĆ®t Ć©galement qu’il appartiendrait au Conseil de direction du FPV de dĆ©terminer si et quand utiliser ses Ā« autres ressources Ā» pour complĆ©ter les rĆ©parations accordĆ©es dans la prĆ©sente affaire.

Liaison vidĆ©o dans la salle d’audience de la CPI lors du prononcĆ© de l’ordonnance de rĆ©paration aux victimes, avec Dominic Ongwen assistant Ć  l’audience depuis la NorvĆØge où il purge sa peine d’emprisonnement Ā©ICC-CPI 

La Chambre a chargĆ© le FPV de soumettre Ć  son approbation, au plus tard le 3 septembre 2024, un projet de plan de mise en œuvre des mesures de rĆ©habilitation et symboliques Ć  inclure dans les rĆ©parations collectives communautaires accordĆ©es. La Chambre a Ć©galement demandĆ© au Fonds de donner la prioritĆ© au paiement des indemnitĆ©s monĆ©taires symboliques plutĆ“t qu’Ć  la rĆ©habilitation et Ć  d’autres mesures symboliques. La Chambre a reconnu qu’il faudra du temps avant que des paiements ne soient effectivement distribuĆ©s aux victimes et que toutes les victimes ne recevraient pas le montant symbolique en mĆŖme temps, notant que les paiements seraient versĆ©s en fonction des besoins urgents et de la vulnĆ©rabilitĆ© des victimes et de la capacitĆ© du FPV Ć  complĆ©ter l’indemnisation.

La Chambre encourage les Ɖtats, les organisations, les entreprises et les particuliers Ć  soutenir la mission et les efforts du FPV et Ć  contribuer Ć  ses activitĆ©s de collecte de fonds.

Plus d’informations sur cette affaire ici

Full-scale action against EUR 2 billion money laundering network via Lithuanian financial institution

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Eurojust supports joint investigation team with operations in Italy, Latvia and Lithuania, also tackling EUR 15 million Italian public money fraud.

Judicial and law enforcement authorities in Italy, Latvia and Lithuania have taken concerted action against a large-scale money laundering business, centring around a Lithuanian financial institution. Since 2017, an estimated EUR 2 billion has been laundered by two main suspects via a worldwide web of shell companies. The suspects, who now have been detained, offered money laundering online as a service to criminals.

A third main suspect, leading another organised crime group (OCG), was arrested in the same operation for defrauding the Italian authorities of EUR 15 million in public funds. These funds were laundered via the same myriad web of enterprises, centred around the financial institution in Lithuania.

During an action day on 27 February, around 250 judicial representatives and law enforcement officers were active on the ground. In total, 18 persons have been arrested, including the three main suspects. In total 55 places were searched and at least EUR 11.5 million in assets and bank accounts have been frozen. Eurojust and Europol played pivotal roles in facilitating and coordinating the international activities.Ā 

The financial institution offered money laundering as a service to thousands of criminals across the EU, by making fictitious financial transactions via the web of enterprises, which were run by strawmen. It advertised its alleged consultancy services online and was set up in Lithuania in 2016 by an Italian-based OCG.

The financial institution was led by the two main suspects, who resided in Lithuania and Latvia. The OCG laundered the proceedings of a range of criminal activities, including tax evasion, cyber fraud, fake bankruptcy and organised crime such as drug trafficking. Part of the proceeds were injected into the Latvian and Lithuanian economies via the purchase of real estate and luxury vehicles.

The laundered money included the EUR 15 million from unlawfully obtained so-called building bonuses, provided by the Italian national authorities.  These bonuses were given for renovation and insulation works and other energy-saving measures of existing buildings. In reality, no repairs took place, the applicants were not the owners or the buildings did not even exist.  The main perpetrator of this fraud was a practising tax consultant, who arranged the awarding of bonuses for 72 other individuals who were aware of the abuse.

Investigations into the OCG were initiated in 2021 by the Public Prosecutor’s Offices of Naples and Lecce in Italy, involving their counterparts in Latvia and Lithuania in 2022 via Eurojust.

In 2022, the financial and judicial authorities in Lithuania already closed down the electronic payment institution. Its banking licence was revoked and bankruptcy procedures were started for non-compliance with money laundering prevention regulations. A rapid reaction of Latvian and Lithuanian authorities to reports on suspicious transactions led to the identification and freezing of millions in funds, real estate properties and luxury vehicles, which now can be confiscated.

During the same year, Eurojust supported the setting up and funding of a joint investigation team between all national authorities involved. Eurojust also set up a coordination centre to support the simultaneous actions in the three countries. 

Furthermore, Eurojust organised eight coordination meetings to prepare for the simultaneous actions of the Italian, Latvian and Lithuanian authorities. These preparations also prevented potential conflicts of jurisdiction. Eurojust has also already facilitated the restitution to Italy of over EUR 3 million of the illegally obtained public funds, which have been frozen by the Lithuanian authorities.

Europol has been supporting the case since January 2022, working closely with the national investigators to uncover the magnitude and complexity of the activities carried out by the OCG. During the action day, two Europol experts were deployed to Latvia to support the authorities with their investigative measures. A third Europol specialist was deployed to the coordination centre at Eurojust, with an analyst on hand at Europol’s headquarters to handle the contributions shared via Europol’s secure communication channels.

The operations against the OCG are the result of long-term intensive cooperation across Europe of the three countries involved. Eurojust Vice-President and National Member for Lithuania, Ms Margarita Å niutytėDaugėlienė, acting National Member for Italy, Mr Aldo Ingangi, and National Member for Latvia, Ms Dagmāra Skudra, jointly stated: ā€˜This collaboration really shows the importance of a well-coordinated and prepared approach across Europe. It is a clear example of the role Eurojust plays in transnational judicial cooperation and shows criminal networks, such as the one we tackled, that we know no borders either. We will continue to work closely together to get justice done and take on fraud involving public funds.’

The actions in the three countries were carried out at the request of and by the following authorities:

Ā·       Italy: Public Prosecutor’s Offices of Naples and Lecce; Guardia di Finanza of Naples and Lecce

Ā·       Latvia: Prosecutor General’s Office, RÄ«ga Judicial Region Prosecution Office; 1st Unit of the Economic Crime Enforcement Department of the Central Criminal Police Department of the State Police

Ā·Ā Ā Ā Ā Ā Ā Ā Lithuania: Vilnius Regional Public Prosecutor’s Office; Vilnius County Police Headquarters

Press release on the Eurojust website   

4th International Workshop for Leadership and Security Kicks Off in Islamabad

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4th International Workshop for Leadership and Security Kicks Off in Islamabad

February 26, 2024Islamabad, Pakistan

Today marks the commencement of the much-anticipated 4th International Workshop for Leadership and Security (4th IWLS) in the bustling city of Islamabad, organized by the Institute for Strategic Studies, Research and Analysis (ISSRA) at the National Defence University (NDU) Islamabad. This five-day event, running from February 26th to March 2nd, 2024, promises to be a convergence of ideas, insights, and perspectives on critical issues facing the global community today.

The opening event, set to commence at 8:00 am Islamabad time, is expected to draw a diverse array of participants from around the world. Academics, military personnel, journalists, and thought leaders hailing from countries such as Egypt, Hong Kong, the USA, Uzbekistan, Malaysia, Brazil, Canada, Fiji, Indonesia, Nepal, Switzerland, Sri Lanka, Russia, South Africa, Austria, Romania, South Korea, UK, Denmark, Türkiye and many others have gathered to engage in meaningful dialogue and exchange of ideas.

The proceedings kick off with a warm Welcome Note by the President of NDU and Director-General of ISSRA, setting the tone for what promises to be an intellectually stimulating and insightful event. The agenda for the day is packed with seminars addressing crucial topics pertinent to the evolving global landscape.

One of the focal points of discussion is the “Evolving Global & Regional Order,” where Ambassador Shahid Malik will delve into the shifts and dynamics shaping the contemporary international system. From geopolitical realignments to emerging security challenges, participants will analyze the multifaceted aspects of global order and its implications for regional stability.

Furthermore, a seminar dedicated to exploring “Global Trends: Human Rights, Climate Change, and Islamophobia” by Dr Asad Rahim underscores the workshop’s commitment to addressing pressing global issues. Clima Change By MsKashmala Kakakhel. In an era marked by growing awareness of human rights, environmental degradation, and the rise of intolerance, this session aims to foster dialogue on strategies for promoting inclusivity, sustainability, and respect for diversity.

The workshops will also feature insights from diverse perspectives, including the “US Perspective” by Prof. Kuglemanand the “Chinese Perspective, by Dr Li Li” offering attendees a nuanced understanding of major powers’ strategic outlooks. Additionally, discussions will extend to regional and domestic dimensions, by Ambassador Zamir Akram, providing insights into the complexities of managing security challenges at various levels.

Amidst the intellectual exchange and deliberations, Islamabad itself provides a vibrant backdrop for the event. With its modern infrastructure, including a new airport, the city reflects Pakistan’s aspirations for progress and development. The hosting of such a significant international workshop in Islamabad underscores the country’s commitment to fostering dialogue and cooperation on global security issues.

As participants gather in Islamabad for the 4th IWLS, there is a palpable sense of optimism and anticipation. With a diverse array of perspectives converging in one space, there is hope that this workshop will catalyze new ideas, forge valuable connections, and contribute to shaping a more secure and prosperous future for all.

Ongoing action targets large migrant smuggling network

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Cross-border operation targets migrant smuggling network active across the English Channel

Large-scale operation involving law enforcement and judicial authorities from Belgium, France and Germany and coordinated by Eurojust and Europol led to the dismantling of one of the most active networks involved in the smuggling of migrants across the English Channel in small boats.

The investigation focused on an Iraqi-Kurdish network suspected of smuggling middle-Eastern and East African irregular migrants from France to the UK with the use of low quality inflatable boats. German authorities raided houses and storage spaces. This resulted in the arrest of more than 15 individuals under Belgian and French judicial orders following one year and a half long joint investigation under Europol’s OTF Wave. The full press release about the case will be published on 22 February.

Judicial authorities involved in the action day:

  • Belgium: Investigative Judge of West-Flanders, section Bruges; Federal Prosecutors’ Office
  • France: JIRS Lille (Interregional Specialised Jurisdiction) – Court of Lille
  • Germany: General Public Prosecutor`s Offices Düsseldorf, Hamm, Kƶln, Naumburg; Public Prosecutor`s Office Bonn.

Law enforcement authorities involved in the action day:

  • Belgium – Federal judicial Police of West-Flanders
  • France – French Border Police (OLTIM-Antenne de Coquelles)
  • Germany – German Federal Police (Bundespolizei)
  • Press release on the Eurojust website 

Six newly elected ICC judges to be sworn

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Six newly elected ICC judges are scheduled to be sworn in on March 8, 2024. A swearing-in ceremony for these judges will take place at 10:30 local time at the seat of the Court in The Hague, Netherlands. The judges, Mr. Keebong Paek (Republic of Korea), Mr. Erdenebalsuren Damdin (Mongolia), Ms. Iulia Motoc (Romania), Mr. Haykel Ben Mahfoudh (Tunisia), Mr. Nicolas Guillou (France), and Ms. Beti Hohler (Slovenia), were elected for nine-year terms during the twenty-second session of the Assembly of States Parties to the Rome Statute in December 2023.

During the ceremony, the newly elected judges will take a public oath, affirming: “I solemnly undertake that I will perform my duties and exercise my powers as a judge of the International Criminal Court honorably, faithfully, impartially, and conscientiously, and that I will respect the confidentiality of investigations and prosecutions and the secrecy of deliberations.”

RLP’s Premier Dreyer welcomed French Ambassador Delattre

Rhineland-Palatinate has had intensive cooperation with France for a long time. The partnership with Burgundy has existed since 1962 – even longer than the ƉlysĆ©e Treaty. Rhineland-Palatinate was the first German state to enter into such a contractual connection with a French region. Today it has been expanded to include the Franche-ComtĆ© sub-region, to which the Premier Malu Dreyer travelled at the beginning of October 2023.

In addition to current European policy issues, the discussion between Ambassador FranƧois Delattre and Premier Dreyer focused on expanding the close and good relations between Rhineland-Palatinate and France, including with a view to cross-border mobility in rail transport and regional energy concepts.

ā€œI am particularly pleased that there are numerous collaborations in the areas of mobility, education, science, environment and culture in Rhineland-Palatinate, in which a lively exchange is maintained. Language acquisition and school partnerships are an important prerequisite for personal encounters and getting to know each other. This is the basis for trust and peaceful coexistence. ā€œThat’s why a network event for school partnerships is being planned in Trier next spring,ā€ said Premier Dreyer as per the statement in its original German version linked below.

Ambassador FranƧois Delattre took office in September 2022. The French Consul General Ilde Gorguet also took part in the meeting with Premier Malu Dreyer.

For further information 

Government of Rhineland-Palatinate: https://www.rlp.de/service/pressemitteilungen/detail/ministerpraesidentin-dreyer-empfing-franzoesischen-botschafter-francois-delattre

Eurojust supports international operation against world’s largest ransomware group

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In a coordinated action supported by Eurojust and Europol, judicial and law enforcement authorities from 10 different countries have severely disrupted LockBit, the world’s most active ransomware operation. Two members of the ransomware team have been arrested in Poland and Ukraine. In addition, law enforcement has compromised LockBit’s primary platform and other enabling infrastructure. This includes the takedown of 34 servers in the Netherlands, Germany, Finland, France, Switzerland, Australia, the United States and the United Kingdom.

LockBit first emerged at the end of 2019, initially calling itself ā€˜ABCD’ ransomware. Since then, it has grown rapidly and by 2022 had become the most deployed ransomware variant worldwide. LockBit attacks are believed to have affected over 2,500 victims all over the world.

The group is a ā€˜ransomware-as-a-service’ operation, meaning that a core team creates its malware and runs its website, while licensing out its code to affiliates who launch attacks.

The joint action enabled the various police forces to take control of much of the infrastructure that enables the LockBit ransomware to operate, including the darknet, and, in particular, the ā€˜wall of shame’ used to publish the data of victims who refused to pay the ransom. This action has disrupted the network’s ability to operate.

Authorities have also frozen more than 200 cryptocurrency accounts linked to the criminal organisation.

This international operation follows a complex investigation led by the UK National Crime Agency. Supported by Eurojust and Europol, law enforcement from nine other countries worked in close partnership with the National Crime Agency on this case, including authorities in France, Germany, Sweden, the Netherlands, the United States, Switzerland, Australia, Canada and Japan.

The case was opened at Eurojust in April 2022 at the request of the French authorities. Five coordination meetings were hosted by the Agency to facilitate judicial cooperation and to prepare for the joint action.

Europol’s European Cybercrime Centre (EC3) organised 27 operational meetings, and 4 technical 1-week sprints to develop the investigative leads in preparation of the final phase of the investigation. Europol also provided analytical, crypto-tracing and forensic support. In addition, three Europol experts were deployed to the command post in London during the action phase.

With Europol’s support, the Japanese Police, the National Crime Agency and the Federal Bureau of Investigation pooled their technical expertise to develop decryption tools designed to recover files encrypted by the LockBit ransomware. These solutions have been made available free of charge on the ā€˜No More Ransom’ portal, which is available in 37 languages. So far, more than 6 million victim across the globe have benefited from No More Ransom, which contains over 120 solutions capable of decrypting more than 150 different types of ransomware.

The following authorities took part in this investigation:

  • United Kingdom: National Crime Agency, South West Regional Organised Crime Unit
  • United States: U.S. Department of Justice, Federal Bureau of Investigation – Newark
  • France: JUNALCO (National Jurisdiction against Organised Crime) Public Prosecutor’s Office Paris Cybercrime Unit – C3N (cyber unit); Gendarmerie Nationale
  • Germany: Central Cybercrime Department North Rhine-Westphalia (CCD), State Bureau of Criminal Investigation Schleswig-Holstein (LKA Schleswig-Holstein), Federal Criminal Police Office (Bundeskriminalamt)
  • Sweden: Swedish Cybercrime Centre, Swedish Prosecution Authority
  • The Netherlands: National Police (Team Cybercrime Zeeland-West-Brabant, Team Cybercrime Oost-Brabant, Team High Tech Crime); Public Prosecutor’s Office Zeeland-West-Brabant
  • Australia: Australian Federal Police
  • Canada: Royal Canadian Mounted Police
  • Japan:Ā National Police Agency
  • Switzerland:Ā Zurich Cantonal Police; Public Prosecutor’s Office II of the Canton of Zurich

Environmental crimes under the Rome Statute

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The Office of the Prosecutor launches public consultation on a new policy initiative to advance accountability for environmental crimes under the Rome Statute

The Prosecutor of the International Criminal Court, Mr Karim A.A. Khan KC, announced a new policy initiative to advance accountability for environmental crimes under the Rome Statute.Ā 

The Office of the Prosecutor is commencing today a process that will culminate in a comprehensive policy paper on Environmental Crimes, aiming to ensure that it takes a systematic approach to dealing with crimes within the Court’s jurisdiction committed by means of, or that result in, environmental damage.

This new policy initiative will help promote accountability, transparency, and predictability in the Office’s work in this crucial area. The policy paper on environmental crimes will be developed on the basis of the Rome Statute and other regulatory instruments of the Court, as well as on applicable environmental treaties, rules of customary international law, and the jurisprudence of other international and national courts.

Through this announcement, the Prosecutor invites comments early in the development of this policy initiative, calling for input on, inter alia, what specific crimes within the Court’s jurisdiction should be included in the policy paper; how to understand and apply the applicable modes of participation in those crimes; best practices for investigating and prosecuting crimes that can be committed by means of or that result in environmental damage; and how to consider environmental crimes when putting into practice the principle of complementarity and engaging in international cooperation.

In highlighting the importance of the new policy and stakeholder consultation, Prosecutor Khan stated: ā€œDamage to the environment poses an existential threat to all life on the planet. For that reason, I am firmly committed to ensuring that my Office systematically addresses environmental crimes in all stages of its work, from preliminary examinations to prosecutions. This latest policy initiative is another commitment to this necessary objective.ā€

Professor Kevin Jon Heller, Special Adviser to the Prosecutor on War Crimes, will be assisting the Prosecutor and the Office in developing this policy. In this first round of external consultations, the Office welcomes and encourages comments on the substance of the policy paper prior to the first draft being produced.

Following the development of a draft policy paper on the basis of this initial input, there will be a second round of public consultations on the draft itself. As part of that second major consultation phase, the Office will also host a number of roundtable discussions to address key pillars of the emerging policy with relevant counterparts from civil society, national authorities, affected communities and the private sector.

The Prosecutor is of the view that external consultations on its policies and working methods are essential for producing the most comprehensive and effective policies.

Comments should be sent to OTP.Policies@icc-cpi.int by 23:59 CET on 16 March 2024. The subject line should read ā€œComment on OTP Environmental Crimes Policy.ā€ All comments received by the deadline will be carefully considered in the internal review and drafting process.

The Office is grateful for the interest and support of the Rome Statute community for its activities and initiatives.

John Horgan paid inaugural visit to Bavaria

On Thursday February 15, 2024, Munich, Free State of Bavaria, Germany; Head of Bavarian State Chancellery, State MinisterĀ Dr. Florian HerrmannĀ received the Canadian ambassador to Germany andĀ John Horgan for a discussion in the State Chancellery.

John Horgan was accredited as Canada’s top diplomatic envoy before German Federal President Dr. Frank-Walter Steinmeier on 8 December 2023. 
Minister of State Dr. Florian Herrmann said about the occasion: ā€œBavaria and Canada, that’s something special. The Bavarian representation in Quebec has been a visible sign of our solidarity for many years. Economy, energy, migration – we can learn a lot from each other and at the same time open up new perspectives for companies and trade. Diverse bilateral relationships, strengthening resilience and value-based partnerships are indispensable building blocks of smart politics. Bavaria’s strength is tradition, with openness and vision of the whole world.

Ambassador Horgan during his trip to Munich also became acquainted to the Dachau Memorial and erstwhile concentration camp. He partook at the 60th edition of Munich Security Conference alongside Canada’s Foreign Minister MĆ©lanie Joly

For further information 

Accreditation of Ambassador Horgan: https://diplomatmagazine.eu/2024/01/06/erstwhile-bc-premier-john-horgan-becomes-ambassador-in-germany/

Prosecutor Brammertz on Mission to KigaliĀ 

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The purpose of the Chief Prosecutor’s mission is to have high-level and technical discussions concerning ongoing efforts to achieve more justice for more victims and survivors of the 1994 Genocide against the Tutsi. 

In view of the upcoming 30th commemoration of the Genocide, Prosecutor Brammertz is working to bring attention to the fact that more than 1,000 suspected genocidaires remain at large, living in countries across Africa, Europe, North America and elsewhere. That so many suspected perpetrators have fled to third countries and have not yet been prosecuted for their alleged crimes is deeply distressing to the victims and survivors, as well as a significant challenge to the rule of law.

Prosecutor Brammertz is committed to assisting Rwandan and other national authorities to bring these fugitives to justice, wherever they may be found. He will meet with the Minister of Justice, the Inspector General of Police and the Prosecutor General to brief them on the OTP’s efforts to provide a range of investigative and prosecutorial support to national partners, and discuss the ongoing successful cooperation between the OTP and the Rwandan justice sector. The Chief Prosecutor will further meet with representatives of the diplomatic community to discuss how to improve multilateral law enforcement cooperation in locating, arresting and prosecuting fugitive genocidaires currently residing in other countries. 

Finally, Prosecutor Brammertz will meet with representatives of the victims and survivors to discuss the importance of securing more accountability for the crimes committed and their continued vital role in the justice process. He will also celebrate National Heroes Day and join in recognizing those who courageously demonstrated the highest integrity and commitment to the Rwandan people.