* This text was reproduced and reformatted from the text available at the International Criminal Tribunal for Rwanda website (visited Mar. 30, 2011) http://www.unictr.org/Portals/0/Case%5CEnglish%5CBagosora%5Cdecisions%5C101006.pdf.

1 Bagosora v. Prosecutor, Case No. ICTR-98-41-A, Decision on Aloys Ntabakuze’s Motion for Injunctions Against the Government of Rwanda and Regarding the Arrest and Investigation of Lead Counsel Peter Erlinder (Oct. 6, 2010) [hereinafter Bagosora, Decision of Oct. 6, 2010].

2 See id. ¶ 29; see also Gentian, Zyberi, Functional Immunity for Defence Counsel, Int’l Law Observer (Oct. 10, 2010)Google Scholar, http://internationallawobserver.eu/2010/10/10/functional-immunity-of-defence-counsel/.

3 See, e.g., Kate, Gibson, The Arrest of ICTR Defense Counsel Peter Erlinder in Rwanda, ASIL Insights, Aug. 11, 2010 Google Scholar, http://www.asil.org/insights100811.cfm. Ingabire sought to run for president in the 2010 Rwandan elections but was arrested and charged with genocide denial and collaboration with the armed rebellion group, the Democratic Forces for the Liberation of Rwanda. See, e.g., Rwanda Arrests US Lawyer Erlinder for Genocide Denial, BBC News, May 28, 2010, http://www.bbc.co.uk/news/10187580 Google Scholar.

4 See Law No. 33 bis/2003 of 06/09/2003 Repressing the Crime of Genocide, Crimes Against Humanity, and War Crimes art. 4 (Sept. 6, 2003), available at http://www.icrc.org/ihl-nat.nsf/a24d1cf3344e99934125673e00508142/2c4e9b18dd164434c1257084004c3d9c/$FILE/Genocide%20-%20Rwanda%20-%20EN.pdf (“shall be sentenced to an imprisonment . . . any person who will have publicly shown, by his or her words, writings, images, or by any other means, that he or she has negated the genocide committed, rudely minimised it or attempted to justify or approve its grounds . . . .”).

5 See Court Decision, RDP0312/10/TGI/GSBO, ¶ 1 (High Ct. of Gasabo June 7, 2010), available at http://jurist.org/doc/erlinderbail.doc [hereinafter High Court Decision]; see also Peter, Erlinder, Rwanda: No Conspiracy, No Genocide Planning No Genocide?, Jurist, Dec. 30, 2008, http://juristlaw.pitt.edu/forumy/2008/12/rwanda-no-conspiracy-no-genocide.php Google Scholar [hereinafter Rwanda: No Conspiracy].

6 See High Court Decision, ¶ 41.

7 See Press Release, Int’l Crim. Trib. for Rwanda, Bagosora, Ntabakuze and Nsengiyumva Given Life Sentences; Kabiligi Acquitted (Dec. 18, 2008)Google Scholar, available at http://69.94.11.53/ENGLISH/PRESSREL/2008/582.html.

8 See Bagosora, Case No. ICTR-98-41-A, ¶ 4.

9 See id. ¶ 14.

10 See S.C. Res. 955, ¶ 1, U.N. Doc. S/RES/955 (Nov. 8, 1994).

11 Convention on the Privileges and Immunities of the United Nations art. VI § 22, U.N. Doc. A/RES/22(I)A (Feb. 13, 1946), available at http://www.unog.ch/80256EDD006B8954/%28httpAssets%29/C8297DB1DE8566F2C1256F2600348A73/$file/Convention%20P%20&%20I%20%281946%29%20-%20E.pdf [hereinafter Convention].

12 See id. art. V § 18, art. VI § 22; see also August, Reinisch, Convention on the Privileges and Immunities of the United Nations, UN Audiovisual Library of Int’l Law 3 (2009)Google Scholar, http://untreaty.un.org/cod/avl/pdf/ha/cpiun-cpisa/cpiun-cpisa_e.pdf. But see Statute of the International Criminal Tribunal for Rwanda, S.C. Res. 955, Annex, art. 6(2), U.N. SCOR, 49^th Sess., UN Doc. S/INF/50 (1994), reprinted in 33 I.L.M. 1602 (1994) (declaring that the official position of an individual is not a defense to individual criminal responsibility).

13 See, e.g., Ricardo, Pilado Sallas, The Legal Status of International Officials, 6 Inter-Am. L. Rev. 169, 189 (1964)Google Scholar (explaining that immunities ensure that individuals acting in an official capacity can perform their duties without pressure, enabling the particular international organization to properly accomplish its goals).

14 Memorandum of Understanding Between the United Nations and the Republic of Rwanda to Regulate Matters of Mutual Concern Relating to the Office in Rwanda of the International Tribunal for Rwanda of 3 June 1999, U.N.-Rwanda, June 3, 1999, 2066 U.N.T.S. 5 [hereinafter Memorandum of Understanding].

15 See id. ¶ 2.

16 See Statute of the International Tribunal for Rwanda art. 29(4), Nov. 8, 1994, available at http://69.94.11.53/ENGLISH/basicdocs/statute.html [hereinafter ICTR Statute]; see also Statute of the International Tribunal for the Former Yugoslavia art. 30(4), adopted May 25, 1993, available at http://www.icty.org/x/file/Legal%20Library/Statute/statute_sept09_en.pdf [hereinafter ICTY Statute].

17 Rome Statute of the International Criminal Court art. 48, July 17, 1998, 2187 U.N.T.S. 90 (entered into force July 1, 2002), available at http://untreaty.un.org/cod/icc/statute/romefra.htm [hereinafter Rome Statute].

18 Agreement Between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for SierraLeoneart.14,Jan.16,2002,availableat http://www.sc-sl.org/LinkClick.aspx?fileticket=CLk1rMQtCHg%3d&tabid=176.

19 Bagosora, Case No. ICTR-98-41-A, ¶ 19.

20 See Convention, supra note 11, art. V § 18.

21 See id. art. VI § 22.

22 See, e.g., Rwanda: No Conspiracy, supra note 5; Peter, Erlinder, Genocide/War-Crimes Cover-up and UN Falsification of History: The Untold Story of Suppressed UN Prosecutors’ Memoirs and the Realpolitik of the UN International Criminal Tribunals, Mar. 12, 2010 Google Scholar (paper presented at the International Criminal Bar Association Conference on Mar. 12, 2010), available at http://www.rwandadocumentsproject.net/gsdl/collect/arrest/index/assoc/HASH01c8.dir/pt13GenocideWarCrimesCoverUpUNFalisifcationHistoryEnglish-French.pdf (last visited Mar. 20, 2011); Peter, Erlinder, Letters on Rwanda: On “Rwanda: Perpetrators of Genocide Jailed”, World Socialist Website, Feb. 13, 2009 Google Scholar, http://www.wsws.org/articles/2009/feb2009/rwle-f13.shtml; Peter, Erlinder, The Real Authors of the Congo Crimes. Nkunda Has Been Arrested But Who Will Arrest Kagame?, Global Research, Feb. 2, 2009 Google Scholar, http://www.globalresearch.ca/index.php?context=va&aid=12139; Peter, Erlinder, U.S./U.K. Allies GrabCongo Riches and Millions Die, Global Research, Nov. 4, 2008 Google Scholar, http://www.globalresearch.ca/index.php?context=va&aid=10815.

23 See Bagosora, Case No. ICTR-98-41-A, ¶ 28.

24 See id. ¶ 29; see also Military I – Convicting Major Ntabakuze Would be “An Offence to Common Sense”, Hirondelle News, May 31, 2007 Google Scholar, http://www.hirondellenews.com/content/view/9537/277/.

25 See, e.g., Lindsay, Roberts, Featured Update, ICTR Appeals Chamber Restricts Immunity of Defense Counsel, Human Rights Brief, Nov. 7, 2010 Google Scholar, available at http://hrbrief.org/2010/11/ictr-appeals-chamber-restricts-immunity-of-defensecounsel/.

26 Cf. Gentian, Zyberi, Functional Immunity at the ICTY, § 3.2,Int’l L. Observer, Mar. 1, 2011 Google Scholar, http://internationallawobserver.eu/2011/03/01/functional-immunity-at-the-icty/ (expressing the prosecution’s view in Prosecutor v. Gotovina that granting “absolute” functional immunity would permit defense counsel to “violate domestic criminal laws with impunity”). But see Prosecutor v. Gotovina, Case No. IT-06-90-AR73.5, Decision on Gotovina Defence Appeal Against 12 March 2010 Decision on Requests for Permanent Restraining Orders Directed to the Republic of Croatia, ¶ 34 (Int’l Crim. Trib. for the Former Yugoslavia Feb. 14, 2011), available at http://www.icty.org/x/cases/gotovina/acdec/en/110214.pdf (countering the prosecution’s argument by reasoning that functional immunity does not apply to acts performed in ones personal capacity).

27 Cf. ICTR Statute, supra note 16, art. 29(4); ICTY Statute, supra note 16, art. 30(4); Rome Statute, supra note 17, art.48; Gotovina, Case No. IT-06-90-AR73.5, ¶¶ 19, 28 (recalling the Trial Chamber’s recognition that Article 30(4) of the ICTY Statute does not explicitly grant functional immunity to defense counsel nor contain an explicit reference to the Convention).

28 The appeal hearing for Ntabakuze was originally set to commence on March 30, 2011, but the ICTR Appeals Chamber legally severed Ntabakuze’s case from the cases of Bagosora and Nsengiyumva due to Erlinder’s unavailability. See Int’l Humanitarian Law Inst., ICTR Rules Not All MIL-1 Appeal Cases are Legally Linked, Medical Symptoms Prevent Defense Lawyer’s Attendance, World News J. Blog (Apr. 1, 2011)Google Scholar, available at http://africannewsanalysis.blogspot.com/2011/04/ictr-rules-not-all-mil-1-appeal-cases.html (explaining that Erlinder is currently being treated for post-traumatic stress disorder due to his detention in Rwanda).

29 See Gotovina, Case No. IT-06-90-AR73.5, ¶¶ 27-28 (citing Bagosora, Decision of Oct. 6, 2010, ¶¶ 19, 26) (holding that members of the defense, which include defense investigators, enjoy functional immunity as is necessary to ensure the proper functioning of the tribunal pursuant to Article 30(4) of the ICTY Statute); see also Bagosora v. Prosecutor, Case No. ICTR-98-41-A, Decision on Aloys Ntabakuze’s Motions for Video-Conference Participation of Lead Counsel in the Appeal Hearing and for the Withdrawal of Registrar’s Public Decision (Mar. 15, 2011) (citing Bagosora, Decision of Oct. 6, 2010, ¶¶ 22-26) (upholding Erlinder’s immunity from arrest or detention during his forthcoming travels to Tanzania for the appeal hearing because such journey constitutes an act performed in the course of Erlinder’s role as defense counsel). But see Prosecutor v. Ntabakuze, Case No. ICTR-98-41-A, Waiver of Presence of Counsel and Co-Counsel at Hearing, and Confirmation of Counsel’s Medical Unavailability, Arising from Detention by the Rwandan Government, ¶ 19 (Mar. 29, 2011) (asserting that the ICTR’s ruling of limited functional immunity on October 6, 2010, cannot prevent a sovereign state such as Tanzania from arresting a defense counsel).

1 Aloys Ntabakuze’s Extremely Urgent Request for Injunctions Against the Government of Rwanda for the Illegal Arrest of and Investigation Against Lead Counsel, P. Erlinder, for Statements Made in the Course of Appellant’s Defence – Articles 19, 20, 28 & 29 of the Statute and Rule 54 of the RPE, 3 June 2010 (“Motion”), para. 25.

2 See Registrar’s Submissions Under Rule 33 (B) of the Rules of Procedure and Evidence in Respect of the Appeals Chamber Order to the Registrar Dated 9 June 2010, dated 10 June 2010, filed 11 June 2010 (“Registrar’s Submissions of 11 June 2010”), para. 4. See also Motion, paras. 1, 2.

3 See Motion, para. 1.

4 Registrar’s Submissions of 11 June 2010, para. 5. See also ibid., Annex 1: Note Verbale from the Registrar to the Minister of Foreign Affairs and Cooperation dated 31 May 2010.

5 Registrar’s Submissions of 11 June 2010, para. 6. See also ibid., Annex 2: Correspondence from Mr. Martin Ngoga, Prosecutor General of Rwanda, to the Registrar dated 2 June 2010.

6 See The Public Prosecutor of the High Court of Gasabo v. Carl Peter Erlinder, Case No. RONPJ0678/Kig/NM, Court Decision dated 7 June 2010, filed by Ntabakuze on 11 June 2010 (“Decision of the High Court of Gasabo”), paras. 39 (p. 20), 40.

7 See Decision of the High Court of Gasabo, paras. 7, 8, 10. See also Registrar’s Submissions of 11 June 2010, para. 7.

8 Registrar’s Submissions of 11 June 2010, para. 8. See also ibid., Annex 3: Note Verbale from the Registrar to the Minister of Foreign Affairs and Cooperation dated 9 June 2010.

9 Order in Relation to Aloys Ntabakuze’s Motion for Injunctions Against the Government of Rwanda Regarding the Arrest and Investigation of Lead Counsel Peter Erlinder, 9 June 2010 (“Order of 9 June 2010”), para. 4.

10 Registrar’s Submissions of 11 June 2010, para. 9.

11 Registrar’s Submissions of 11 June 2010, paras. 5-9.

12 Prosecutor’s Response to “Aloys Ntabakuze’s Extremely Urgent Request for Injunctions Against the Government of Rwanda for the Illegal Arrest of and Investigation Against Lead Counsel, P. Erlinder, for Statements Made in the Course of Appellant’s Defence”, 11 June 2010 (“Response”), para. 12.

13 Reply – Motion for Injunctions Against the Government of Rwanda for Illegal Arrest of Lead Counsel Peter Erlinder for Statements Made in the Course of Appellant’s Defence – Articles 19, 20, 28 & 29 of the Statute and Rule 54,15 June 2010 (“Reply”).

14 Further Registrar’s Submissions Under Rule 33 (B) of the Rules of Procedure and Evidence in Respect of the Appeals Chamber Order to the Registrar Dated 9 June 2010, 15 June 2010 (“Registrar’s Submissions of 15 June 2010”), paras. 5, 6.

15 Registrar’s Submissions of 15 June 2010, para. 6. See ibid., Annex: Note Verbale from the Registrar to the Minister of Foreign Affairs and Cooperation dated 15 June 2010.

16 Annexes to Reply – Motion for Injunctions Against the Government of Rwanda for Illegal Arrest of Lead Counsel Peter Erlinder for Statements Made in the Course of Appellant’s Defence – Articles 19, 20, 28 & 29 of the Statute and Rule 54, dated 15 June 2010, filed 17 June 2010.

17 Addendum to the Urgent Motion for Extension of Time for Filing of Brief in Reply to Respondent’s Brief in Anatole Nsengiyumva’s Appeal, 21 June 2010, Annex B: Carl Peter Erlinder v. Prosecution, High Court of Rwanda at Kigali, Case No. RPA 0646/10/HC/KIG, 17 June 2010 (“Decision of High Court of Rwanda at Kigali”), para. 41. See also Addendum to Reply – Motion for Injunctions Against the Government of Rwanda for Illegal Arrest of Lead Counsel Peter Erlinder for Statements Made in the Course of Appellant’s Defence – Articles 19, 20, 28 & 29 of the Statute and Rule 54, 21 June 2010 (“Addendum to Reply”), Annex, p. 5 (“Bail on Health Grounds Will Not Deter Prosecution”, Office of the Spokesperson for the Rwanda Ministry of Foreign Affairs and Cooperation, 17 June 2010); Registrar’s Further Submissions Under Rule 33(B) of the Rules of Procedure and Evidence in Respect of the Appeals Chamber’s Order Instructing the Registrar to Seek Clarification from Rwandan Authorities on the Motives of the Arrest of Peter Erlinder, 24 June 2010 (“Registrar’s Submissions of 24 June 2010”), para. 6.

18 Decision of High Court of Rwanda at Kigali, para. 42. See also Addendum to Reply, Annex p. 5 (“Bail on Health Grounds Will Not Deter Prosecution”, Office of the Spokesperson for the Rwanda Ministry of Foreign Affairs and Cooperation, 17 June 2010); Registrar’s Submissions of 24 June 2010, para. 6.

19 Addendum to Reply, para. 6.

20 Registrar’s Submissions of 24 June 2010, para. 7.

21 Anatole Nsengiyumva’s Support for “The Ntabakuze Motion for Injunction Against the Government of Rwanda for Illegal Arrest of Lead Counsel Peter Erlinder for Statements Made in the Course of Appellant’s Defence – Articles 19, 20, 28, & 29 of the Statute and Rule 54”, Dated 2^nd June 2010, dated 4 July 2010, filed 5 July 2010, para. 2.

22 Further Order in Relation to Aloys Ntabakuze’s Motion for Injunctions Against the Government of Rwanda Regarding the Arrest and Investigation of Lead Counsel Peter Erlinder, 7 July 2010, para. 4.

23 Registrar’s Submissions Under Rule 33(B) of the Rules of Procedure and Evidence on the Further Order in Relation to Aloys Ntabakuze’s Motion for Injunctions Against the Government of Rwanda Regarding the Arrest and Investigation of Lead Counsel Peter Erlinder, dated 14 July 2010, filed 15 July 2010 (“Registrar’s Submissions of 15 July 2010”), para. 6.

24 Registrar’s Submissions of 15 July 2010, para. 7, Annex 1.

25 Observations on Registrar’s Submissions re: Appellant’s Motion for Injunctions, Arising from the Illegal Arrest of Lead Counsel Professor Peter Erlinder for Public Discussion of Issues Related to Appellant’s Defence, in Light of Articles 19, 20, 28 & 29, Rule 54 and, the UN-OLA Immunity Ruling,

26 July 2010 (“Observations of 26 July 2010”).

26 Motion, para. 25.

27 Motion, para. 16. See also ibid., para. 2; Reply, paras. 5-9, 12; Observations of 26 July 2010, para. 17.

28 Motion, para. 19.

29 Motion, paras. 6, 19, 22.

30 Reply, paras. 11-17; Addendum to Reply, para. 5; Observations of 26 July 2010, para. 5.

31 Addendum to Reply, para. 6; Observations of 26 July 2010, para. 2 (p. 11/11).

32 Motion, para. 22. See also ibid. para. 17.

33 Motion, para. 22. See also ibid., para. 20; Reply, paras. 18-21; Observations of 26 July 2010, paras. 9, 18.

34 Motion, para. 23.

35 Response, para. 12.

36 Response, paras. 4-6.

37 Response, para. 6.

38 Response, paras. 8, 9, 12.

39 Response, paras. 10, 12.

40 Response, para. 11.

41 Observations of 26 July 2010, para. 12.

42 Observations of 26 July 2010, para. 14(a)-(c), (g), (h), (l), (m), (o), (q)-(u).

43 Observations of 26 July 2010, para. 14(c)-(f), (i), (k), (m), (p).

44 Statute, Article 29(4).

45 United Nations Treaty Series vol. 2066, p. 5.

46 Memorandum of Understanding, para. 2, referring to Convention on the Privileges and Immunities of the United Nations, adopted by General Assembly Resolution A/RES/22(I)A, 13 February 1946 (“Convention”).

47 See Request for Logistical Support in Kigali on Mission Assignment form. See also Work Schedule form which requires that the Request for Logistical Support forms be submitted to the Defence Counsel and Detention Management Section at least 25 working days before the mission starts.

48 Memorandum of Understanding, para. 3(vi). Other rights provided for include the freedom of movement in Rwanda, right of access to prisons, the right to access all documents the consultation of which may be necessary for the smooth functioning of the Office, the right to make direct contact with national and local authorities, including the armed forces, individuals, intergovernmental and non-governmental organisations, private institutions and the media. Memorandum of Understanding, para. 3(ii)-(v), (vii).

49 Convention on the Privileges and Immunities of the United Nations, adopted by General Assembly Resolution A/RES/22(I)A, 13 February 1946.

50 Applicability of Article VI, Section 22, of the Convention on the Privileges and Immunities of the United Nations, Advisory Opinion, I.C.J. Reports 1989, para. 47.

51 Registrar’s Submissions of 11 June 2010, Annex 1: Note Verbale from the Registrar to the Minister of Foreign Affairs and Cooperation dated 31 May 2010 (“The ICTR attaches the utmost importance to the respect of the immunity which Defence Counsel assigned to cases before [the] ICTR enjoy, when they carry out the mandate vested on them by [the] ICTR. [ . . . The] ICTR wishes to recall the 3 June 1999 Memorandum of Understanding (MOU) Between the United Nations and the Republic of Rwanda to Regulate Matters of Mutual Concern Relating to The Office in Rwanda of the International Criminal Tribunal for Rwanda. Pursuant to the said MOU, Rwanda will extend to persons carrying out functions on behalf of [the] ICTR, including experts on mission, the same privileges and immunities, as provided for in Articles VI and VII of the General UN Convention on the Privileges and Immunities to which the Republic of Rwanda is a party.”). See also Registrar’s Submissions of 15 June 2010, Annex: Note Verbale from the Registrar to the Minister of Foreign Affairs and Cooperation dated 15 June 2010.

52 Registrar’s Submissions of 11 June 2010, Annex 2: Correspondence from Mr. Martin Ngoga, Prosecutor General of Rwanda, to the Registrar of the Tribunal dated 2 June 2010. See also Registrar’s Submissions of 15 July 2010, para. 9 (“The Rwandan Prosecutor General also stressed that Mr. Erlinder’s arrest was not based on his work before this Tribunal and clarified that he would respect any conflicting judicial finding of the ICTR. In this respect, he indicated to the President of the ICTR that he stands ready to remove any disclosed documents that might be deemed to be linked to the ICTR business.”).

53 Registrar’s Submissions of 15 June 2010, Annex: Note Verbale from the Registrar to the Minister of Foreign Affairs and Cooperation dated 15 June 2010.

54 Registrar’s Submissions of 15 July 2010, Annexes 1(d) (“Rwanda Presidential candidate Victoire Ingabire – punished for independent thinking?” by Peter Erlinder, Black Star News, 14 May 2010); 1(n) (“Personally Hand Delivered -Open Letter” by Peter Erlinder, 6 May 2010).

55 Registrar’s Submissions of 15 July 2010, Annexes 1(g) (“U.S./U.K. Allies Grab Congo Riches and Millions Die 2001-03 UN Expert Reports” by Peter Erlinder, Global Research, 4 November 2008); 1(h) (“Former Chief UN Rwanda Prosecutor, Carla Del Ponte: ‘Obama War-Crimes Nominee – Complicit in War Crimes Cover-up.’ Does Obama Know.... or Care?” by Peter Erlinder, undated); 1(l) (“Genocide/War-Crimes Cover-up and UN Falsification of History:’ The Untold Story of Suppressed UN Prosecutors’ Memoirs and the Realpolitik of the UN International Criminal Tribunals” by Peter Erlinder, paper presented at the International Criminal Bar Association Conference, Barcelona, 12 March 2010); 1(s) (“The International Criminal Tribunal for Rwanda: A Model for Justice or Juridically Created ‘Victor’s Impunity’?” by Peter Erlinder, paper presented at La justice international [sic] aujourd’hui, Paris, 30, 31 May 2008); 1(u) (“The Real Authors of the Congo Crimes. Nkunda has been arrested but who will arrest Kagame?” by Peter Erlinder, Global Research, 2 February 2009).

56 Registrar’s Submissions of 15 July 2010, Annexes 1(a) (“Bush and Other War Criminals Meet in Rwanda: The Great ‘Rwanda Genocide’ – Coverup” by Peter Erlinder, Global Research, undated); 1(g) (“U.S./U.K. Allies Grab Congo Riches and Millions Die 2001-03 UN Expert Reports” by Peter Erlinder, Global Research, 4 November 2008); 1(l) (“Genocide/War-Crimes Cover-up and UN Falsification of History:’ The Untold Story of Suppressed UN Prosecutors’ Memoirs and the Realpolitik of the UN International Criminal Tribunals” by Peter Erlinder, paper presented at the International Criminal Bar Association Conference, Barcelona, 12 March 2010); 1(q) (“Open Letter to Prime Minister Harper: Regarding State Visit of Current President of Rwanda” by Peter Erlinder, 6 April 2006); 1(s) (“The International Criminal Tribunal for Rwanda: A Model for Justice or Juridically Created ‘Victor’s Impunity’?” by Peter Erlinder, paper presented at La justice international [sic] aujourd’hui, Paris, 30, 31 May 2008).

57 Registrar’s Submissions of 15 July 2010, Annexes 1(a) (“Bush and Other War Criminals Meet in Rwanda: The Great ‘Rwanda Genocide’ – Coverup” by Peter Erlinder, Global Research, undated); 1(h) (“Former Chief UN Rwanda Prosecutor, Carla Del Ponte: ‘Obama War-Crimes Nominee – Complicit in War Crimes Cover-up.’ Does Obama Know.... or Care?” by Peter Erlinder); 1(l) (“Genocide/War-Crimes Cover-up and UN Falsification of History:’ The Untold Story of Suppressed UN Prosecutors’ Memoirs and the Realpolitik of the UN International Criminal Tribunals” by Peter Erlinder, paper presented at the International Criminal Bar Association Conference, Barcelona, 12 March 2010); 1(o) (“Letters on Rwanda: Peter [E]rlinder’s response to the article ‘Rwanda: Perpetrators of genocide jailed”’ by Peter Erlinder, World Socialist Website, 13 February 2009); 1(s) (“The International Criminal Tribunal for Rwanda: A Model for Justice or Juridically Created ‘Victor’s Impunity’?” by Peter Erlinder, paper presented at La justice international [sic] aujourd’hui, Paris, 30, 31 May 2008); 1(u) (“The Real Authors of the Congo Crimes. Nkunda has been arrested but who will arrest Kagame?” by Peter Erlinder, Global Research, 2 February 2009).

58 Registrar’s Submissions of 15 July 2010, Annexes 1(e) (“Africa’s Female Mandela? Victoire Ingabiré Umuoza on Trial” by Annie Garrison, UnitedProgressives.org, 20 May 2010); 1(f) (“Ngoga Confirms Purpose of ‘Thought-Crime’ Charges: ‘Shut-Up Victoire Ingabire’ and Political Opposition!”, FDU website, 14 May 2010); 1(i) (“The Rwanda Hit List: Revisionism, Denial and the Genocide Conspiracy II”, by Keith Harmon Snow, The African Executive, April 2010); 1(k) (“What Really Happened in Rwanda?” by Christian Davenport and Allan C. Stam, Miller-McCune Online, 6 October 2009); 1(m) (“Lawsuit alleges Rwandan President triggered Rwanda Genocide”, undated); 1(p) (“U.S. lawyers to defend Victoire Ingabire, first female presidential candidate in Rwanda – jailed by President Gen. Paul Kagame” by International Humanitarian Law Institute, directed by Peter Erlinder, San Francisco Bay View, 23 April 2010).

59 Registrar’s Submissions of 15 July 2010, Annexes 1(j) (“The Second International Criminal Defence Conference: ‘Lessons from the Defense at the Ad Hoc UN Tribunals, and Prospects for International Justice at the ICC”’, Brussels, 21-23 May 2010); 1(t) (“Liste des présentations”, Brussels, 21-23 May 2010); 1(v) (“Compte-rendu de la conférence TPIR: son héritage du point de vue de la Défense, La Haye, 14-16 novembre 2009”).

60 Registrar’s Submissions of 15 July 2010, Annex 1(r) (Habyarimana and Ntaryamira v. Paul Kagame et al., United States District Court for the Western District of Oklahoma, Case No. Civ-10-437-W, Complaint With Jury Demand, undated).

61 See Registrar’s Submissions of 15 July 2010, Annexes 1(b) (“Rwanda: No Conspiracy, No Genocide Planning . . . No Genocide?” by Peter Erlinder, Jurist, 23 December 2008); 1(l) (“Genocide/War-Crimes Cover-up and UN Falsification of History:’ The Untold Story of Suppressed UN Prosecutors’ Memoirs and the Realpolitik of the UN International Criminal Tribunals” by Peter Erlinder, paper presented at the International Criminal Bar Association Conference, Barcelona, 12 March 2010); 1(o) (“Letters on Rwanda: Peter [E]rlinder’s response to the article ‘Rwanda: Perpetrators of genocide jailed”’ by Peter Erlinder, World Socialist Website, 13 February 2009); 1(s) (“The International Criminal Tribunal for Rwanda: A Model for Justice or Juridically Created ‘Victor’s Impunity’?” by Peter Erlinder, paper presented at La justice international [sic] aujourd’hui, Paris, 30, 31 May 2008); 1(u) (“The Real Authors of the CongoCrimes. Nkunda has been arrested but who will arrest Kagame?” by Peter Erlinder, Global Research, 2 February 2009).

62 Registrar’s Submissions of 15 July 2010, Annex 1(c) (“Military I – Convicting Major Ntabakuze Would be ‘An Offence to Common Sense”’, Hirondelle News, 31 May 2007).

63 Registrar’s Submissions of 15 July 2010, para. 9.