International Criminal Court takes major step in DRC war crimes probe
The International Criminal Court (ICC) building in The Hague, Netherlands.
The International Criminal Court (ICC) has brought a new perspective to the war in the eastern Democratic Republic of Congo by launching investigations Kinshasa thinks could dissuade merchants of violence.
The government of the DRC said it welcomes the fresh and wider investigations into possible crimes committed in North Kivu, in eastern Congo, since January 2022.
The ICC’s decision came after the DR Congo government's request to the court last year.
“Today, I wish to announce that I have decided to renew our investigative efforts in the Democratic Republic of the Congo (DRC). Priority focus of the investigation will be given to any alleged Rome Statute crimes occurring in North Kivu since January 2022.
“The DRC authorities have twice requested my office to undertake investigations into the situation in their territory,” the Prosecutor of the International Criminal Court Karim Khan said.
Last week, Deputy Justice Minister of the Democratic Republic of Congo Samuel Mbemba visited The Hague to follow up on the case in North Kivu. The Congolese authorities hope that the new investigations announced by Mr Khan will result in convictions.
For Kinshasa, this is already a "step forward" in putting an end the impunity enjoyed by some perpetrators of atrocities in North Kivu.
“If you look at the ICC's work in the DRC, it has focused a great deal on Ituri, so today we feel this is a major step forward for us. The climate of impunity cannot be left to continue.
“You saw President Felix Tshisekedi receive the ICC Prosecutor in 2023. It is through this diplomatic effort, among others, that we will be able to have investigations because we no longer want all the people who have committed crimes in the east of the Democratic Republic of Congo, whoever they may be, to go unpunished,” declared the DRC government’s spokesman Patrick Muyaya.
The period of investigation indicated by the ICC corresponds with that of the resurgence of the M23 rebel group, which Kinshasa thinks is the biggest threat to the country. The DRC and several other countries, including the United States of America and France, have often said that M23 is backed by Rwanda, claims denied by Kigali but backed by several United Nations expert reports.
Several armed groups are involved in the war in North Kivu, with some estimates counting up to 120 of them. The Congolese army, the M23, the self-defence groups commonly known as Wazalendo, the FDLR, remnants of the genocide perpetrators in Rwanda in 1994, have all battled in this region resulting in displacement and death.
The ICC Prosecutor assured that his investigations will not target a single group.
"I wish to state that our investigations in North Kivu will not be limited to particular parties or members of specific groups. Rather, my office will examine holistically, independently and impartially the responsibility of all actors allegedly committing Rome Statute crimes.
“My office will also heed the principle of complementarity and seek engagement and cooperation from national authorities and all relevant actors with a view to ensuring effective justice for the victims of the crimes concerned,” Khan said.
Warlords in the DRC have appeared before judges at the International Criminal Court on several occasions over the past 20 years. The court has issued warrants of arrest for seven Congolese leaders.
The World Court has been investigating serious crimes committed in the DRC since 2004 when the government first asked for the court’s intervention. Investigations have led to the prosecution of six suspects — all former leaders of armed groups.
Four people were tried over crimes committed in Ituri Province in 2002-2003; three were convicted and one acquitted. The other two cases, for crimes committed in North Kivu in 2009, never reached the trial level.
Lobby group Human Rights Watch says it has "repeatedly urged the ICC Prosecutor to look not only at the responsibility of rebel commanders for the serious abuses committed in eastern Congo over the years, but also at alleged crimes committed by senior government and military officials in Congo, Rwanda, and Uganda".
For the Congolese authorities, another way to fight for lasting peace in the DRC is to seek justice for the victims of war atrocities. Internally, in the Congo, the justice lever has been activated with the revival of the death penalty. Several M23 leaders have already been sentenced to death — some in absentia.
Regionally, a trial opened at the East African Court of Justice in relation to the war in the DRC. Internationally, the Congolese government is counting on the International Criminal Court to prosecute those guilty of crimes.
The World Court and Prosecutor Khan would like to help the Congolese justice system in the long-term, too.
"Our ultimate goal is a long-term, sustainable and viable transitional justice strategy in the DRC, which the ICC and the international community can both support and learn from.
“To this effect, I welcome the decision taken by the DRC authorities to set up a steering committee to work on the establishment of a special criminal court for the DRC. In line with the complementarity principle, my office stands ready to provide technical assistance to the DRC in the creation of this mechanism and to deepen collaboration and cooperation with national authorities and relevant partners, as we seek to increase the impact of our collective actions in the fight against impunity for international crimes", Mr Khan said.
