Will international legal action end atrocities in eastern Democratic Republic of Congo?

The Hague court’s decision follows the Congolese government’s request 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 investigation will focus as a priority on all alleged crimes covered by the Rome Statute committed in North Kivu since January 2022. The DRC authorities have twice requested my office to open an investigation into the situation in their territory,” said ICC Prosecutor Karim Khan.

Last week, the Congolese Deputy Minister of Justice, Samuel Mbemba, went to The Hague to follow the case of North Kivu. Kinshasa hopes that the new investigations announced by Mr. Khan will lead to convictions.

For the DRC, this is a “step forward” to put an end to the impunity enjoyed by certain perpetrators of atrocities in North Kivu.

Government spokesperson Patrick Muyaya said the ICC’s work in the DRC has largely focused on Ituri.

“President Tshisekedi received the ICC prosecutor in 2023, and it is therefore within the framework of these diplomatic efforts that we will be able to have investigations, because we no longer want all those who committed crimes in the east of the Democratic Republic of Congo, whoever they may be, may they remain unpunished,” he declared.

The investigation period indicated by the ICC corresponds to that of the resurgence of the M23 rebel group, considered by Kinshasa as the greatest threat to Congo.

The DRC and several other countries, including the United States of America and France, have often claimed that the M23 was supported by Rwanda, assertions denied by Kigali but 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, the remnants of the perpetrators of the genocide in Rwanda in 1994, have all fought in this region with deadly consequences, including deaths and displacement. The ICC prosecutor assured that his investigations would not target any particular group.

“I would like to reiterate that our investigations in North Kivu will not be limited to particular parties or members of specific groups. Rather, my office will comprehensively, independently and impartially examine the accountability of all actors alleged to have committed crimes under the Rome Statute. My office will also be attentive to the principle of complementarity and seek the commitment and cooperation of national authorities and all relevant stakeholders with a view to ensuring effective justice for the victims of the crimes concerned,” said Mr. Khan.

Warlords in the DRC have been brought before ICC judges over the past 20 years. Since 2004, seven Congolese leaders have been the subject of arrest warrants from the courts. Five were tried there.

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

Four were tried for crimes committed in Ituri province in 2002-2003; three were convicted and one acquitted. The other two cases, concerning crimes committed in North Kivu in 2009, were never tried.

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

For Congolese authorities, another way to fight for lasting peace is to seek justice for victims of war atrocities. Internally, the lever of justice was activated with the reactivation of the death penalty, a penalty to which several M23 leaders have already been subjected, some in absentia.

At the regional level, a trial has opened at the East African Court of Justice regarding the war in the DRC. Internationally, the Congolese government relies on the ICC to prosecute people accused of crimes.

Mr Khan said the ICC also wants 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 DRC, which the ICC and the international community can both support and learn from. To this end, I welcome the decision taken by the authorities of the DRC to set up a steering committee responsible for working on the creation of a special criminal court for the DRC. In accordance with the principle of complementarity, my office is ready to provide technical assistance to the DRC in the creation of this mechanism,” he wrote.