Will ICC action stop atrocities in eastern DR Congo?

The Hague-based court’s decision came after the Congolese government’s request to it 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 asked my office to undertake investigations into the situation in their territory,” said ICC Proescutor Karim Khan.

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

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

Government Spokesman Patrick Muyaya said the ICC’s work in the DRC has focused a great deal on Ituri.

“President Tshisekedi received the ICC Prosecutor in 2023, and so it is as part of these diplomatic efforts that we will be able to have investigations, because we no longer want all those who have committed crimes in the east of the Democratic Republic of Congo, whoever they may be, to go unpunished,” he said.

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 Congo.

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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.

Up to 120 armed groups are involved in the war in North Kivu. 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 with deadly consequences including death and displacement. The ICC prosecutor assured that his investigations will not target a particular group.

“I wish to recall 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 pay close heed to 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,” Mr Khan said.

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 court. Five have been 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, for crimes committed in North Kivu in 2009, were never tried.

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”.

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For the Congolese authorities, another way to fight for lasting peace is to seek justice for the victims of war atrocities. Internally, the justice lever has been activated with the reactivation of the death penalty, a sentence to which several M23 leaders have already been subjected to 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 ICC to prosecute those accused of crimes.

Mr Khan said ICC 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,” he wrote.