BNP Paribas case in Rwanda
For justice beyond
borders
Why was a legal action brought against BNP Paribas?
Sherpa recalls that any person accused or prosecuted by a national or international jurisdiction is presumed innocent until found guilty by a final court decision. In this respect, an appealable decision does not constitute a final decision.
The French bank BNP Paribas is suspected of having facilitated purchases of arms for Rwanda in June 1994, at the height of the genocide against the Tutsi. At the request of the National Bank of Rwanda, BNP allegedly made two money transfers amounting to 1.3 million US dollars to the account of a South African arms broker. Subsequently, 80 tons of arms and ammunition were shipped from the Seychelles to Rwanda and were allegedly used to equip the Rwandan Armed Forces involved in the genocide that killed over 800,000 people.
This transaction took place even though an embargo adopted by the UN Security Council on 17 May 1994 prohibited arms sales to Rwanda. Unlike BNP, other financial institutions refused to execute these specific money transfers. By allowing these transactions, BNP is alleged to have helped the Rwandan government purchase more arms, which could make the bank an accomplice to the international crimes committed.
Sherpa, Ibuka France, and the Collective of Civil Parties for Rwanda, filed a complaint in 2017. It is the first time in France that a bank is targeted by a complaint for complicity in genocide, in crimes against humanity and in war crimes. This action aims to shed light on the responsibility of economic actors in serious human rights violations committed during conflicts.
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Impact
Why initiate legal action?
The law is a tool of power in a globalised world. It underpins power relations and encourages impunity for the most powerful. Because of their transnational nature, or the political and economic stakes involved, many violations escape justice. Bringing cases before the courts means putting the debate back on a legal footing, giving a voice to the people affected and thus restoring the legal tool to social movements.
Thanks to the work of NGOs and journalists, the consequences of globalisation are increasingly being documented and denounced. Our legal actions make it possible to initiate an contentious proceedings, establish the facts and apply the rules of law to these situations. They also aim to provide practical solutions by putting a stop to violations, holding the players concerned responsible and/or enabling victims to obtain compensation.
In support of our advocacy and in parallel with our legal laboratory and capacity-sharing activities, our legal actions are designed to contribute to wider and lasting change. They fuel public debate to highlight the limits of the legal framework and the obstacles facing the victims of globalised capitalism. They set precedents that shape a more protective legal framework.
