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HABYARIMANA v. KAGAME

No. 11-6315.

696 F.3d 1029 (2012)

Madame HABYARIMANA, in her own capacity and on behalf of the estate of the deceased President of Rwanda, Juvénal Habyarimana; Madame Ntaryamira, in her own capacity and on behalf of the estate of the deceased President of Burundi, Cyprien Ntaryamira, Plaintiffs-Appellants, v. Paul KAGAME, President of the Republic of Rwanda, Defendant-Appellee. United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

October 10, 2012.

Attorney(s) appearing for the Case

Submitted on the Briefs:*

John P. Zelbst , Zelbst, Holmes & Butler, Lawton, OK, and Peter Erlinder , Director, International Humanitarian Law Institute, William Mitchell College of Law, St. Paul, MN, for Plaintiffs-Appellants.

Pierre-Richard Prosper , Robert C. O'Brien , Michael S. Cryan , and Roy Z. Silva , Arent Fox LLP, for Defendant-Appellee.

Harold Hongju Koh , Legal Adviser, Department of State, Stuart F. Delery , Acting Assistant Attorney General, Sanford C. Coats , United States Attorney, and Mark B. Stern and Lewis S. Yelin , Attorneys, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., filed an Amicus Curiae Brief for the United States in support of Defendant-Appellee.

Before TYMKOVICH, BALDOCK, and GORSUCH, Circuit Judges.

BALDOCK, Circuit Judge.

On April 16, 1994, over the Rwandan capitol of Kigali, two surface-to-air missiles brought down an aircraft carrying then Rwandan and Burundi Presidents, Juvenal Habyarimana and Cyprien Ntaryamira, both of Hutu ethnicity. The killings fueled the Rwandan genocide, which spread violence across East Central Africa and cost upwards of one million innocent victims their lives. Some believe the then Tutsiled Rwandan Patriotic Front headed by current...

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