Dr. Gakwenzire described the decision as disappointing and said it does not amount to justice. He stressed that the ruling does not erase the historical facts surrounding what happened in Rwanda and said the case could potentially be taken to a European court.
On September 9, 2026, France’s Court of Cassation ruled to permanently close the case against French soldiers accused of failing to intervene to protect Tutsi civilians who had taken refuge in Bisesero, in western Rwanda.
The case was initially filed in 2005 by human rights organizations including Survie, Ibuka, FIDH, LDH and Licra, together with six survivors of the Genocide against the Tutsi, after evidence and testimonies had been collected.
The complainants argued that soldiers deployed under France’s Operation Turquoise were aware of the killings taking place in Bisesero but failed to intervene, despite having the capacity to do so. As a result, thousands of Tutsi were killed between June 27 and June 30, 1994.
In 2018, a French court ruled that the investigation should be discontinued. That decision was upheld by the High Court in October 2023 and by the Court of Appeal in December 2024. The complainants subsequently appealed to the Court of Cassation, France’s highest judicial authority.
Speaking to Rwanda Broadcasting Agency (RBA), Dr. Gakwenzire said the latest ruling was disappointing but should not mark the end of efforts to seek justice.
He said the historical record and testimonies of survivors who were present in Bisesero remain important, arguing that the court’s decision does not invalidate those accounts.
“The case was brought by different organizations, including other groups that also filed complaints. Obviously, this is not something that makes us happy, but it does not end there. It is still being considered,” Dr. Gakwenzire said.
He added that while the court may have relied on specific legal considerations when reaching its decision, those considerations do not contradict the historical facts or the testimonies of survivors.
“There is historical truth and there is the truth of the survivors of the Genocide against the Tutsi who were there. Those are two different aspects. What they are saying does not contradict the truth, nor does it contradict history. The issue is what the judge can rely on when making a legal decision, and that is where the problem may lie,” he said.
Dr. Gakwenzire said the ruling did not deliver the justice that survivors and victims’ families had expected from the case.
“Justice has not been achieved because that is what the survivors wanted. Justice has not been achieved through the case that was brought before the French justice system,” he said.
He explained that lawyers and other legal experts were continuing to examine possible avenues, including the possibility of taking the matter to a European court.
“Lawyers and others who understand justice in general are continuing to discuss what can be done next, because justice does not stop with that country alone. It is possible that, after further consideration, the case could also be brought before a European court. That is also possible,” he said.
The Bisesero killings remain one of the most contested episodes surrounding France’s role during the 1994 Genocide against the Tutsi.
On June 27, 1994, Tutsi who had taken refuge in the Bisesero hills reportedly encountered French soldiers and pleaded for protection. According to survivor accounts, the soldiers did not immediately intervene and told them to continue hiding, saying they would return after three days.
After the French soldiers left, attacks were carried out against the refugees. More than 4,000 people were reportedly killed out of more than 6,000 Tutsi who had remained in Bisesero.
The French forces, deployed under Operation Turquoise, had arrived in Rwanda with significant military capabilities, including more than 2,400 troops, fighter aircraft and other equipment.
French soldiers returned to Bisesero on June 30, 1994. By then, many of those who had been targeted had already been killed. The forces evacuated some of the severely wounded, taking them by small aircraft to Goma, in the Democratic Republic of Congo.
The latest decision by France’s Court of Cassation closes the judicial proceedings in France, although Ibuka says discussions are continuing over possible further legal avenues.
