On August 7, 2023, IRMCT judges decided to suspend Kabuga's trial, explaining that he was unable to stand trial due to his medical condition, including dementia.
After receiving a request from the prosecution to temporarily release Kabuga and send him to Rwandaâ€"the only country willing to accept himâ€" the Trial Chamber rejected the request on November 14, 2025, deciding that there was no need to consider whether Rwanda would be an appropriate State for Kabuga's release.
On November 28, the prosecution filed an appeal, urging IRMCT judges to reverse their decision and send Kabuga to Rwanda to avoid continued detention, arguing that no other country had agreed to accept him.
The prosecution further explained that the judges' decision on November 14 overlooked reports from doctors, including Dr. Liam Scott, which indicated that Kabuga could be transported by air ambulance to Rwanda without endangering his health.
The prosecution emphasized that there was no hope of finding another country willing to accept Kabuga, citing that in 2023 alone, one European country rejected his request for asylum three times, and another rejected it once.
Kabuga's continued detention at the IRMCT detention facility in The Hague is also financially burdensome. The prosecution stated that Kabuga and three other detainees cost the tribunal $2 million annually.
In a recent ruling led by Iain Bonomy, the judges called for European countries that had rejected Kabuga's transfer to reconsider their stance. Prosecutor Serge Brammertz has described this as pressure on the countries to accept Kabuga.
The prosecution noted, "The Trial Chamber's November 2025 request for these European States to reconsider Kabuga's requests for residency underscores its inability to resolve the matter. This renewed pressure on these States to welcome Kabuga into their territory is difficult to understand."
The prosecution argued that Kabuga, who is facing charges related to genocide, does not qualify for protection under European refugee laws due to the serious international crimes he is accused of.
It further stated, "Kabuga, indicted for genocide, is excluded from protection under the Refugee Convention and European law, considered 'undeserving of international protection' because there are 'serious reasons' for considering that he committed international crimes.
'Not only is he subject to a confirmed genocide indictmentâ€"he also has a long history of evading justice, including in at least one of the States where he seeks release."
The prosecution reminded the judges that the decision made two years ago to delay Kabuga's trial clearly indicated the urgency of his temporary release, and that efforts should be made to release him to Rwanda.
It stated, "The record is clear that Rwanda is the only realistic option and that an air ambulance can safely fly him there."
The IRMCT Appeals Chamber has been asked to intervene in this case and make a decision on whether to temporarily release Kabuga to Rwanda, or to submit the case to the President of the Tribunal, Graciela Gatti Santana, to make a ruling based on the authority granted by law.
On December 8, 2025, President of the IRMCT, Santana, decided to appoint a panel of three judgesâ€"Carmel Agius, Burton Hall, and Liu Daqunâ€"to review the prosecution's appeal.
IGIHE
Source : https://en.igihe.com/news/article/pressure-builds-on-european-states-to-welcome-kabuga
