Will ICC actions stop atrocities in eastern DRC?

The Hague-based court’s decision came at the request of the Congolese government last year.

“Today I would like to announce that I have decided to renew our investigative efforts in the Democratic Republic of Congo (DRC). The focus of the investigation will be on all alleged Rome Statute crimes committed in North Kivu since January 2022. The authorities of the Democratic Republic of Congo have twice asked my office to conduct investigations into the situation in their territory,” said ICC Prosecutor Karim Khan.

Last week, Congolese Deputy Justice Minister Samuel Mbemba visited The Hague to follow up on the North Kivu case. Kinshasa hopes the new investigation announced by Mr Khan will lead to convictions.

For the Democratic Republic of Congo, this is a “step forward” towards ending the impunity enjoyed by some of the perpetrators of atrocities in North Kivu.

Government spokesman Patrick Muyaya said the ICC’s work in the Democratic Republic of Congo has focused heavily on Ituri.

“President Tshisekedi received the ICC prosecutor in 2023 and as part of these diplomatic efforts we will be able to carry out investigations because we no longer want everyone who committed crimes in the east of the Democratic Republic of Congo, whoever Whatever they may be, to go unpunished,” he said.

The investigation period indicated by the ICC corresponds to the resurgence of the M23 rebel group, which Kinshasa considers to be the greatest threat to Congo.

The Democratic Republic of Congo and several other countries, including the United States of America and France, have often stated that M23 is supported by Rwanda. Kigali denied this claim, but it was supported by several United Nations expert reports.

Up to 120 armed groups are involved in the war in North Kivu. The Congolese army, the M23, the self-defense groups commonly known as Wazalendo, the FDLR, remnants of the 1994 Rwandan genocide, have all fought in this region, with deadly consequences including death and displacement. The ICC prosecutor assured that his investigation would not target any particular group.

“I would like to remind that our investigations in North Kivu will not be limited to certain parties or members of certain groups. Rather, my office will examine holistically, independently and impartially the responsibility of all actors who allegedly commit crimes under the Rome Statute. My office will also pay close attention to the principle of complementarity and seek commitment and cooperation from national authorities and all relevant stakeholders to ensure effective justice for the victims of the crimes in question,” said Mr. Khan.

Warlords in the Democratic Republic of Congo have been brought before ICC judges for the past 20 years. Since 2004, seven Congolese leaders have been the subject of court arrest warrants. Five of them were brought to trial there.

The ICC has been investigating serious crimes in the Democratic Republic of Congo since 2004, when the government first asked the court to intervene. This led to the prosecution of six former armed group leaders.

Four of them were charged with crimes they committed between 2002 and 2003 in Ituri province. Three were convicted and one was acquitted. The other two cases, involving crimes committed in North Kivu in 2009, were never brought to trial.

Human Rights Watch says it has “repeatedly called on the ICC prosecutor to address not only rebel commanders’ responsibility for severe abuses in eastern Congo over the years, but also alleged crimes committed by senior government and military officials in Congo , Rwanda, and Uganda”.

For Congolese authorities, another way to fight for lasting peace is to seek justice for victims of wartime atrocities. Internally, the judicial lever was activated with the reintroduction of the death penalty, a punishment that had already been imposed on several M23 leaders, some in absentia.

Regionally, a trial related to the war in the Democratic Republic of Congo has been opened before the East African Court of Justice. At the international level, the Congolese government relies on the International Criminal Court to prosecute those accused of crimes.

Mr Khan said the ICC also wanted to help the Congolese justice system in the long term.

“Our ultimate goal is a long-term, sustainable and viable transitional justice strategy in the Democratic Republic of Congo that the ICC and the international community can both support and learn from. In this sense, I welcome the decision of the authorities of the Democratic Republic of the Congo to set up a steering committee to work on the establishment of a special criminal court for the Democratic Republic of the Congo. In accordance with the principle of complementarity, my office stands ready to provide technical assistance to the Democratic Republic of the Congo in the creation of this mechanism,” he wrote.