The International Criminal Court investigation in the Democratic Republic of the Congo or the situation in the Democratic Republic of the Congo is an ongoing investigation by the International Criminal Court (ICC) into crimes committed in the Democratic Republic of the Congo (DRC) during the Second Congo War and its aftermath, including the Ituri and Kivu conflicts.[1] The war started in 1998 and despite a peace agreement between combatants in 2003, conflict continued in the eastern parts of the country for several years.[2] In April 2004 the government of the DRC formally referred the situation in the Congo to the International Criminal Court, and in June 2004, prosecutor Luis Moreno Ocampo, formally opened an investigation.[3] To date, arrest warrants have been issued for:

Lubanga was imprisoned. Katanga was convicted, Chui was acquitted, and the pre-trial chamber declined to confirm the charges against Mbarushimana, currently a fugitive. Ntaganda turned himself in to the US Embassy in Kigali on 18 March 2013, requesting to be extradited to the ICC.[3][4]

Charges[edit]

The Democratic Republic of the Congo

The ICC has jurisdiction to prosecute individuals who are accused of committing crimes defined under the Rome Statute (the treaty that established the Court) as either war crimescrimes against humanity, or genocide. The prosecutor charged six people with crimes within the jurisdiction of the Court in the Democratic Republic of the Congo: Thomas Lubanga Dyilo, Germain Katanga and Mathieu Ngudjolo Chui, Bosco Ntaganda, Callixte Mbarushimana, and Sylvestre Mudacumura.

Thomas Lubanga Dyilo[edit]

Thomas Lubanga Dyilo was the alleged founder and leader of the Union of Congolese Patriots (UPC) and its military wing, the Patriotic Forces for the Liberation of the Congo (FPLC). He was charged on 10 February 2006 with three counts related to the military use of children from July 2002 to December 2003 in the Ituri region of the DRC.[7] Counts one and two are alleged to have taken place at training camps in Bule, Centrale, Mandro, Rwampara [ceb], Bogoro, Sota, and Irumu [fr].[7] According to the arrest warrant for Lubanga Dyilo, count three took place during “hostilities in Libi and Mbau in October 2002, in Largu at the beginning of 2003, in Lipri and Bogoro in February and March 2003, in Bunia in May 2003 and in Djugu and Mongbwalu in June 2003.”[7] The counts are as follows:

  1. Enlisting children, a war crime in violation of article 8(2)(b)(xxvi) of the Rome Statute;
  2. Conscription of children, a war crime in violation of article 8(2)(b)(xxvi) of the Rome Statute;
  3. Using children to participate in hostilities, a war crime in violation of article 8(2)(b)(xxvi) of the Rome Statute.

In 2012, he was convicted and sentenced to 14 years in prison.

Germain Katanga and Mathieu Ngudjolo Chui[edit]

See also: Bogoro attack

Germain Katanga, also known simply as “Simba” (the Swahili word for “lion”), was allegedly the commander of the Front for Patriotic Resistance in Ituri (FRPI). Mathieu Ngudjolo Chui was allegedly the leader of the Nationalist and Integrationist Front (FNI). Katanga and Chui were charged with nine counts of crimes against humanity and war crimes allegedly committed between January and March 2003 in the Ituri region of the DRC against members of the Hema people. Katanga and Chui were indicted in July 2007.[8][9] Specifically, Katanga and Chui are also accused of launching a coordinated attack against the civilian population of the village of Bogoro on 24 February 2003.[8][9] According to the warrants issued for Katanga and Chui, the attack included “the murder of about 200 civilians”, the “imprisoning [of] civilians in a room filled with corpses”, and “the sexual enslavement of several women and girls”.[8][9] The counts are as follows:

  1. Murder, a crime against humanity in violation of article 7(1)(a) of the Rome Statute;
  2. Wilful killings, a war crime in violation of article 8(2)(a)(i) of the Rome Statute;
  3. Inhumane acts, a crime against humanity in violation of article 7(1)(k) of the Rome Statute;
  4. Inhumane or cruel treatment, a war crime in violation of article 8(2)(a)(ii) or (c)(i) of the Rome Statute;
  5. Using children to participate in hostilities, a war crime in violation of article 8(2)(b)(xxvi) of the Rome Statute;
  6. Sexual slavery, a crime against humanity in violation of article 7(1)(g) of the Rome Statute;
  7. Sexual slavery, a war crime in violation of article 8(2)(b)(xxii) or (e)(vi) of the Rome Statute;
  8. Attack against a civilian population, a war crime in violation of article 8(2)(b)(i) or (e)(i) of the Rome Statute;
  9. Pillaging, a war crime in violation of article 8(2)(b)(xvi) or (e)(v) of the Rome Statute.

Bosco Ntaganda[edit]

Bosco Ntaganda is allegedly the former Deputy Chief of the General Staff of the Patriotic Forces for the Liberation of the Congo (FPLC), the military wing of the Union of Congolese Patriots (UPC). On 22 August 2006 he was charged with three counts of war crimes:[10]

  1. Enlisting children, a war crime in violation of article 8(2)(b)(xxvi) of the Rome Statute;
  2. Conscription of children, a war crime in violation of article 8(2)(b)(xxvi) of the Rome Statute;
  3. Using children to participate in hostilities, a war crime in violation of article 8(2)(b)(xxvi) of the Rome Statute.

On 14 July 2012, he was also charged with three crimes against humanity and four counts of war crimes:[11]

  1. Murder, a crime against humanity in violation of article 7(1)(a) of the Rome Statute;
  2. Rape and sexual slavery, crimes against humanity in violation of article 7(1)(g) of the Rome Statute;
  3. Persecution, a crime against humanity in violation of article 7(1)(h) of the Rome Statute;
  4. Murder, a war crime in violation of article 8(2)(c)(i) of the Rome Statute;
  5. Attack against the civilian population, a war crime in violation of article 8(2)(e)(i) of the Rome Statute;
  6. Rape and sexual slavery, war crimes in violation of article 8(2)(e)(vi) of the Rome Statute;
  7. Pillaging, a war crime in violation of article 8(2)(e)(v) of the Rome Statute.

Callixte Mbarushimana[edit]

Callixte Mbarushimana was allegedly executive secretary of the Democratic Forces for the Liberation of Rwanda (FDLR). He was charged with 11 criminal counts:[12]

  1. Attack against a civilian population, a war crime in violation of article 8(2)(b)(i) or (e)(i) of the Rome Statute;
  2. Destruction of property, a war crime in violation of article 8(2)(a)(iv) or (e)(xii) of the Rome Statute;
  3. Murder, a war crime in violation of article 8(2)(a)(i) or (c)(i) of the Rome Statute;
  4. Murder, a crime against humanity in violation of article 7(1)(a) of the Rome Statute;
  5. Torture, a war crime in violation of article 8(2)(a)(ii) or (c)(i) of the Rome Statute;
  6. Torture, a crime against humanity in violation of article 7(1)(f) of the Rome Statute;
  7. Rape, a war crime in violation of article 8(2)(b)(xxii) or (e)(vi) of the Rome Statute;
  8. Rape, a crime against humanity in violation of article 7(1)(g) of the Rome Statute;
  9. Inhumane acts, a crime against humanity in violation of article 7(1)(k) of the Rome Statute;
  10. Inhuman treatment, a war crime in violation of article 8(2)(a)(ii) of the Rome Statute;
  11. Persecution, a crime against humanity in violation of article 7(1)(h) of the Rome Statute.

Sylvestre Mudacumura[edit]

Sylvestre Mudacumura was charged with nine counts of war crimes on 12 July 2012:[13]

  1. Murder, a war crime in violation of article 8(2)(c)(i) of the Rome Statute;
  2. Mutilation, a war crime in violation of article 8(2)(c)(i) of the Rome Statute;
  3. Cruel treatment, a war crime in violation of article 8(2)(c)(i) of the Rome Statute;
  4. Torture, a war crime in violation of article 8(2)(c)(i) of the Rome Statute;
  5. Outrage upon personal dignity, a war crime in violation of article 8(2)(c)(ii) of the Rome Statute;
  6. Attack against the civilian population, a war crime in violation of article 8(2)(e)(i) of the Rome Statute;
  7. Pillaging, a war crime in violation of article 8(2)(e)(v) of the Rome Statute;
  8. Rape, a war crime in violation of article 8(2)(e)(vi) of the Rome Statute;
  9. Destruction of property, a war crime in violation of article 8(2)(e)(xii) of the Rome Statute.

By, Jenny Dakosta Van Mputu

Human Rights Activist-Founder and National Executive Director of ‘No Impunity for the Congolese State’ (NICS) – Human Rights Organisation. 
Address: C/O RAPAR. 6 Mount Street, Manchester M2 5NS.

Email:nicsorganisationhrdc@yahoo.com

Email:jennydaostavanmputu@yahoo.com

Phone: 00447405082590 / 00447490875889

www.jennyvanmputu.co.uk

Sheffield, le 08 Fevrier 2020

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