Socio-legal international judicial responses to conflict: The case of the International Criminal Court (ICC) and the Democratic Republic of Congo

Socio-legal international judicial responses to conflict:

By Prof. Rev. Julien Ciakudia

President

Union of the Patriot Resistants for the Total Liberation of Congo (UPR)

Chairman of International NGO- Freedom Flag Foundation (FFF)

“In Congo we reward those who kill, we don’t punish them”

(A Congolese lawyer)

The purpose of this presentation at York University Second Annual Conference on Congois clear: I strongly recommend the application of the ICC to the Crisis in Great Lakes and DR Congo. This is in consideration of its socio legal consequences; its incidences, its impact on the daily distribution of justice, the political will for peace, stability and security needed for a sustainable development and the sound protection of civilians.

Over the past decades, the people of the DRC have endured horrific atrocities and political manipulation under a multitude of armed groups, foreign forces, militias and national Congolese army. The ordinary citizens are the victims who have and continue to suffer massacres, torture, widespread sexual violence, forced displacement and property loss.

From 1996 to today, we have lost over 6 million people in the war; over 2.5 millions of people are displaced. Thousands of women including the elderly aged 70 -80 years, young children of 2 -3 years old are victims of grave sexual violence. DRC is also experiencing, terrorism, the systematic plundering of its natural resources and grave distortion of the ecosystem (reference is made here to the U.N. Safiatou 2002 Report On The Plundering of Congo,s Natural Resources)

The areas identified below have experienced inhumane atrocities. These involve the recent killing of civilian population in MUSHAKE AND RUMANGABO, women and children buried alive in mass graves in MAKOBOLA AND KASIKA, Children decapitated at KIWANDJA, men, women and children burnt alive and also mutilated at NINJA, women have experienced sexual violence, rape and vaginal  parts mutilated by gunshots. In this war in the eastern part of Congo there are no prisoners of war, in contravention of The Geneva Convention; both civilian and military are exterminated …. The litany of victims is very long and this situation needs urgent investigation by an Independent judicial body. (Please refer to International NGO reports, Human Rights Watch, Medecins sans frontiers, Amnesty International and others)

Regrettably, impunity for grave violations of human rights has long been the norm in the DRC. Few perpetrators have been arrested and held to account; the warlords have been promoted to senior positions in the National army and government.

The creation of the International criminal Court (ICC) in Rome by the United Nations has given some hope for the ending of the culture of impunity. According to the preamble to the ICC’s Statute, the Court’s stated aim is to end impunity for the most serious crimes of international concern and to contribute to their prevention.

Based in Hague, Holland, the Court has jurisdiction to prosecute individuals for war crimes, crimes against humanity and genocide.

The Statute governing the Court was adopted by 120 States in Rome in 1998 and came into force in July 2002- thereby establishing the International Criminal Court. The ICC can only investigate crimes committed after the Rome Statute took effect.

In June 2004 the ICC Prosecutor opened the Court’s first investigation focusing on the district of ITURI, north eastern of the DRC; the prosecution of Thomas Lubanga Dyilo (17 march 2006) Germain Katanga on 17 October 2007 and Mathieu Ngudjolo on 06 February 2008. They are already under arrest and transferred to the ICC headquarters in Hague. This could be a catalyst for national prosecutions since there are major ongoing crimes unpunished in Kivu territory and elsewhere in the country.

On May 24th 2008 in Brussels, Belgium, the ICC   arrested Jean Pierre Bemba Combo, former vice-president in DRC, for crimes against humanity, sexual crimes, murder, war crimes committed by the militia of his politico-military movement, Movement de Liberation du Congo in the Central Africa Republic.

This arrest of a high ranking chief rebel and high political authority of DRC should also open a new chapter against impunity in DRC.

Jean Pierre Combo, Azarias Ruberwa, Mbusa Nyamwisi, and other Militia leaders, should be held to account for their role as chief rebels and instigators of war crimes, crimes against humanity, Genocide, sexual crimes, plundering of natural resources, forced enrolment of children into their army during the period of rebellion (1998-2003).

To some extent, the creation of an International Court for Rwanda by ICC after the 1994 genocide has led to a positive impact on judicial plan for the betterment of civil population life. The deterrent role of the ICC could have a positive influence on the other instigators and perpetrators of war crimes, acts of genocide, sexual crimes and crimes against humanity.

We welcome the fact the introduction of a Special International Court on Congo is under consideration; as it will bring about a positive impact for peace, security and stability as a basis for sustainable development.

Our main concern is to support a national and international campaign AGAINST THE IMPRESCRIPTIBLE CRIMES IN the Democratic Republic of Congo. Our aim today is to involve the Canadians and the whole world in a concerted action against THE INSTITUTIONALIZATION OF THE IMPUNITY IN DEMOCRATIC REPUBLIC OF CONGO

Appeal for an International Court on DR Congo:

Reference is made to the Arusha International Court for Rwanda Genocide, the International Court on ex- Yugoslavia, the International Special Court for Sierra Leone- to judge the late rebel leader, Foday Sankoh & the former President of Liberia, Charles Taylor, currently facing judgment in Hague for his role as instigator in the war crimes, genocide, and atrocities committed by the RUF in Sierra Leone.

Recently, the International Criminal Court has been introduced for Lebanon and this gives hope to the People of the Democratic Republic of Congo: The International Community should open “an International Court on DR Congo” as a matter of urgency. The people of the Democratic Republic of Congo need a lasting peace now.

Presently, on the 04.03.2009, The ICC issued a first ever warrant of arrest against a sitting head of State, Mr Omar El-Bechir, President of Sudan, for war crimes and crimes against humanity in Darfur, again gives hope to the people of Congo, that one of these days the international community and the ICC will do the same for President Paul Kagame of Rwanda and Yoweri Museveni of Uganda and their puppet President Joseph Kabila, President of DR Congo.

President Kagame of Rwanda and President Museveni of Uganda should answer for their respective roles in the creation, training and giving expertise to different groups of militias to aggress the DR Congo. The two president and the actual president of DR Congo Joseph Kabila should be held accountable for their planning and instigation of the ongoing mass killing of people, the sexual crimes, the forced enrolment of children in the army and militias, the forced displacement of millions of people and the acts of genocide against civilian population with the main purpose of plundering the natural resources of the Congo.

The high level of Insecurity and lack of a strong Judicial instrument create a climate of instability in DR Congo:

The climate of insecurity in the Africa’s Great Lakes region in General and in DR Congo in particular is to be understood in the context of the absence a strong national judicial instrument. To this end, we consider that the ICC, in its capacity as an International judicial instrument should play a preventive role to end the ongoing genocide. Also, its capacity and means should be reinforced.

This is a General hypothesis sustained by 5 others:

First hypothesis: The lack of good governance and weak democratic structures, as well as the lack of transparency in the conduct of State affairs is favorable to the climate of insecurity in Great Lakes and DR Congo.

Second hypothesis: The insecure characteristics of the State System and its political fragility are ongoing factors that make it difficult to promote a form of good governance, grassroots democratic culture, distributive judicial praxis - justice for all.

Third hypothesis: The impunity of the warlords and their strategic supporters who enjoy immunity at national and international level due to the lack of political will to support the exercise of a socio legal praxis favorable to the reign of justice, peace and stability.

Fourth hypothesis: The difficulty of applying the strategies outlined by national, regional, international consultations related to the resolution of conflicts, contributes in many cases to cyclic violence in the Sub-region and DR Congo. This state of affairs has serious humanitarian and political consequences on the civil population.

Fifth hypothesis: We believe strongly that the creation and the enforceability of the ICC is an unconditional deterrent and preventive socio-legal instrument which can promote peace, justice, and stability in Great Lakes in general and the DR Congo in particular.

Taking to account the case of General Bosco Ntangana and General Nkundabatware :

On the 20th February 2009, the Representatives of 51 Congolese NGOs working in the east of DRC addressed a memorandum to President Joseph Kabila requesting his personal involvement for the arrest of General Bosco NTAGANDA, for crimes against humanity, war crimes, sexual crimes, genocide and atrocities in the East of Congo.

I quote: “given that there is no security and a long-lasting peace without justice, we exhort you to respect your international commitments and to deliver the war criminal Bosco Ntaganda to the Hague, where he is wanted by the International Criminal Court (ICC) for war crimes in the district of Ituri East of the Democratic Republic of Congo between 2002-2003.

In addition to war crimes committed by Ntaganda in Ituri, he is also blamed for having committed other war crimes in North-Kivu recently while he served as leader of military Staff for the National Congress for the Defense of the people (CNDP). There are fresh memories of the crimes against humanity committed on a large scale by the CNDP troops under the command of Bosco Ntaganda to Kiwandja; where more than 150 of our brothers, sisters, mothers, fathers and children were mainly killed as beasts of burden by his troops.

And in Ituri, we cannot forget the trauma which Bosco Ntaganda caused us during several years, by massacring thousands of persons of Ituri mercilessly and without any sense of humanity. We are carriers of indelible scars. We have to honor the memory of people we have lost by sending a strong signal of justice now so that those who are guilty of such crimes face judgement. So that , we return to a climate of peace in the east of the Democratic Republic of Congo and restoration of justice.

The authorities of Rwanda and Congo and the International community should facilitate the arrest of Bosco Ntanganda and his transfer to the Hague, and also the arrest and transfer of Laurent Nkundabatware to face justice for the war crimes committed by troops under their command. The opening and the support of an international Court on Congo will give a strong signal to the other fighters and their supporters who have, who currently or intend to commit war crimes, sexual crimes, acts of genocide and the plundering of natural resources.” This, at national and international level, we emphasize.

DR Congo is a member State and signatory to the Statutes of Rome which established the ICC. As such, it has a legal obligation to facilitate the work of the international Court, in particular by looking for, by arresting, and by transferring the suspects identified by the ICC.

Our political movement Union of Patriot Resistants for the Total Liberation of Congo (UPR), which I have a great honor to represent at this Second Annual Conference of York University on Congo, applauds the ongoing cooperation between the DRC and the ICC. We therefore invite Canada and the other member’s countries to once again observe respect for the victims and all those who fight against the impunity of grave crimes, by pursuing this unconditional cooperation.

We have on several occasions, asked the ICC to begin its inquiries in both Kivu provinces. We were very happy when the Court announced that it intends to honour our request. However, if Bosco Ntaganda and his friend Nkundabatware are not arrested, how could we believe that those who massacred our fellow countrymen of the Kivu and Eastern Congo will be arrested?

Can we trust the corrupt judicial system of DR Congo? If it is true that only the international justice system can help us, why not help Congo to make it work by continuing to deliver the criminals wanted by the ICC?

RECOMMENDATIONS

The UPR in accordance with the demand of national and international NGOs engages in these human rights Joint Action to call for a campaign against the imprescriptible crimes committed in Democratic Republic of Congo. As such we invite the government of Canada and the entire international community to deploy their efforts to put political pressures on:

1. The Government of Rwanda to accelerate the political opening in the Country through an inter Rwandan Dialogue which include TUTSI AND HUTU, with the aim of a long-lasting peace in Rwanda and in the African region of the Great lakes;

2. The Government of Rwanda to expedite the extradition in RDC of General Laurent Nkundabatware so that he answers to his crimes in Kisangani, Bukavu and in Nord-Kivu;

3. The Governments of Rwanda and DRC to show strict respect for the International Agreements on the Refugees in the implementation of the military operations towards the ex-fighters of the Rwandan Army (FDLR) in the East of Congo .

4. The Government of the DRC to proceed with the arrest and transfer of Mr. Bosco NTAGANDA to the International Criminal Court, in his position as former Deputy Head of the Patriotic Forces for the Liberation of Congo (FPLC) and current Leader of Staff of the CNDP. There is a   warrant for his arrest by the, International justice courts, for his role in the recruitment of children to his militia army in ITURI / Oriental Province; (THOMAS LUBANGA and others are already in The Hague).

5. The Government of the DRC to make a determined commitment to the fight against the impunity:

- Strengthening and equipping the Congolese judicial system so that it begins legal proceedings against thousands of authors of the grave crimes which circulate freely on the whole national territory;

- Establishing a new National Commission for the Truth and Reconciliation, a no judiciary mechanism to establish the truth on the history of the massive violations of human rights in DRC and the other ignominious acts of robbery committed on  Congolese soil;

- Proceed with the profound institutional reforms to extirpate and exfiltrate within the Army, within the police and within the security services, every presumed authors of the war crimes, genocide, sexual crimes, looting of natural resources, properties confiscation and other grave violations of human rights;

- Insuring the material, psychological, individual and collective reparation for all victims of the massive violations of human rights and humanitarian international law in Democratic Republic of Congo.

6. With reference to the case of the ex-vice president Jean-Pierre Combo already under arrest at Hague for crimes in Central Africa, ask the Prosecutor of the International Criminal Court (CPI) to carry out its inquiries on all the area of the DRC in particular in Sud-Kivu, in Nord-Kivu, in the North - Katanga, Equator, Oriental Province, Bas-Congo, so that all the authors of the crimes of the imprescriptible crimes answer to their acts;

 Conclusion

In this regards,

-We have to support the action of the Prosecutor of the International Criminal Court in the management of the lawsuits in relation to Mr. Thomas Lubanga Dyilo of the UPC and the FPLC, Germain Katanga of the FRPI and Mr. Mathieu Ngudjolo Chui of the FNI and encourage him to accelerate his inquiries so that the criminals who are still free are quickly found and placed in custody;

- While we press for the implementation of an International Criminal Court for the DRC, we have to consider the humanitarian danger and enable the institutions of the national judiciary to fill the gap for the problem of the temporal absence of the ICC and the corrupt Congolese justice.

Thank you ALL for your attention and action and god bless you!