The seal of the International Criminal Court |
|
| File no. | 01/04 |
|---|---|
| Refered by | Democratic Republic of the Congo |
| Date referred | 19 April 2004 |
| Date opened | 23 June 2004 |
| Incident(s) | Second Congo War Ituri conflict (Bogoro attack) Kivu conflict |
| Crimes | Crimes against humanity: · Inhumane acts · Murder · Persecution · Rape · Sexual slavery · Torture War crimes: · Attacks against civilians · Conscripting of children · Destruction of property · Enlisting of children · Inhuman treatment · Murder · Pillaging · Rape · Sexual slavery · Torture · Using children in conflict |
| Status of suspects | |
| Germain Katanga | Case in trial stage |
| Thomas Lubanga Dyilo | Case in trial stage |
| Callixte Mbarushimana | Charges not confirmed |
| Mathieu Ngudjolo Chui | Case in trial stage |
| Bosco Ntaganda | Fugitive |
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 even though a peace agreement was made 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 the Prosecutor of the ICC, Luis Moreno Ocampo, formally opened an investigation.[3] To date, warrants of arrest have been issued for Thomas Lubanga Dyilo, Germain Katanga, Mathieu Ngudjolo Chui, Bosco Ntaganda, and Callixte Mbarushimana.[3]
Contents |
The Democratic Republic of Congo is a former colony of Belgium. Following independence from Belgium in 1960, Mobuto Sese Seko took power in a military coup d'état and installed himself as President. Under Mobuto's rule the country's name was changed to the Republic of Zaire in 1971. By 1996, conflict from the Rwandan Civil War and the Rwandan Genocide spilled over into Zaire and Hutu militias, including the Interahamwe, were using refugee camps in the Kivu region to attack Rwanda. Consequently, the Rwandan and Ugandan armed forces invaded Zaire to fight Hutu militias, and ultimately overthrow Mobuto, in what was to become the First Congo War.[4] The Rwandan and Ugandan forces were joined by Congolese politicians and militia leaders who were opposed to Mobuto's rule and these groups joined forces to become the Alliance of Democratic Forces for the Liberation of Congo (AFDL), led by Laurent-Désiré Kabila. In May 1997, Mobuto fled Zaire and Kabila named himself President and changed the name of the country back to the Democratic Republic of the Congo.
Following Kabila's victory, tensions soon rose between him and the various factions of the AFDL who came to oppose his rule. Rwandan forces retreated to Goma on the Rwandan border and formed the Rally for Congolese Democracy (RDC) and in response Ugandan forces instigated the formation of Movement for the Liberation of the Congo (MLC) under the command of Jean-Pierre Bemba. These two groups started the Second Congo War by attacking the army of Kabila's government. Kabila was assassinated by his bodyguard in January 2001 and was succeeded as president by his son Joseph, who negotiated peace talks to end the war. Even though one of the tenets of the peace accords was that rebel forces would be incorporated into the Congolese army, violence has continued to the present day, especially in the Kivu and Ituri regions.
In July 2003, ICC Prosecutor Luis Moreno Ocampo announced that he had received communications from individuals and non-governmental organisation regarding the situation in the Congo and that his office would closely follow developments there. In September of that year Moreno Ocampo informed the Assembly of State Parties (the governing body of the ICC) that he was prepared to apply to one of the ICC's Pre-Trial Chambers for authorisation to begin a formal investigation but that he believed a referral from the Congolese government would expedite the investigation.[5] In April 2004 Joseph Kabila formally referred the situation in the DRC to the ICC prosecutor and Moreno Ocampo formally opened the investigation that June. The DRC investigation was the first ever formal investigation conducted by the International Criminal Court.[1]
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 crimes, crimes against humanity, or genocide. The Prosecutor has charged five people with committing crimes within the jurisdiction of the Court in the Democratic Republic of the Congo: Thomas Lubanga Dyilo, Germain Katanga, Mathieu Ngudjolo Chui, Bosco Ntaganda and Callixte Mbarushimana.
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 charged 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.[6] Counts one and two are alleged to have taken place at training camps in Bule, Centrale, Mandro, Rwampara, Bogoro, Sota, and Irumu.[6] According to the warrant of arrest 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 Mongwalu in June 2003."[6] The counts are as follows:
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). The two men are jointly charged with nine counts of crimes against humanity and war crimes allegedly committed from January 2003 to at least March 2003 in the Ituri region of the DRC against members of the Hema people; Katanga was indicted on 2 July 2007 and Ngudjolo Chui on 6 July 2007.[7][8] Specifically, the two are accused of launching a coordinated attack against the civilian population of the village of Bogoro in or around 24 February 2003.[7][8] According to the warrants of arrest issued for Katanga and Ngudjolo Chui, the attack included such acts as "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".[7][8] The counts are as follows:
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). He is charged with three counts of war crimes:[9]
Callixte Mbarushimana was allegedly the Executive Secretary of the Democratic Forces for the Liberation of Rwanda (FDLR). He is charged with 11 criminal counts:[10]
The prosecution of the five suspects are separated into four cases; Germain Katanga and Mathieu Ngudjolo Chui are being tried together and the other three suspects are being tried individually. The case against Lubanga Dyilo is in the most advanced phase with the judges of Trial Chamber I currently deliberating the verdict.[11] Bosco Ntaganda is the only suspect who is not in custody and remains at large as a fugitive.
The Prosecutor applied for a warrant for Lubanga Dyilo's arrest on 12 January 2006 and the warrant was issued under seal on 10 February 2006.[12] Lubanga Dyilo was already in a prison in Kinshasa when the warrant was issued in connection with the killing of nine Bangladeshi peacekeepers from the United Nations Mission in the Democratic Republic of Congo.[13] Congolese authorities surrendered Lubanga Dyilo to the ICC on 17 March 2006, he was transferred to the ICC detention centre in The Hague, and he made his initial appearance before the Court on 20 March 2006. His confirmation of charges hearing took place from 9 to 28 November 2006 and Pre-Trial Chamber I confirmed the charges on 29 January 2007.[12]
Before the trial against Lubanga Dyilo started, the Pre-Trial Chamber halted proceedings and ordered Lubanga Dyilo to be released on grounds that the prosecutor had failed to disclose evidence to the defence. In a subsequent ruling the chamber reversed its previous decision and allowed the trial to begin.[14] Additionally, the senior trial lawyer, prosecutor Ekkehard Withopf, was removed from the case only a month before the trial started.[14] Lubanga Dyilo's trial began on 26 January 2009 but on 8 July 2010 the Trial Chamber once again stayed the proceedings because of the conduct of the Prosecutor and ordered that he be released.[15] Following a successful appeal by the Prosecutor the order to release Lubanga Dyilo was reversed and the trial resumed.[16] Closing arguments of the participants concluded on 26 August 2011. The judges of Pre-Trial Chamber I are currently deliberating.[11]
The Prosecutor applied for warrants for the arrest of Katanga and Ngudjolo on 25 June 2007 and the warrants were issued by Pre-Trial Chamber I on 2 July and 6 July, both under seal.[17] Katanga was arrested in the DRC and was surrendered to the Court on 17 October 2007.[17] Ngudjolo was arrested on 6 February 2008 and surrendered to the court the following day.[17] Katanga had his initial hearing at the court on 22 October 2007 while Ngudjolo first appeared on 11 February 2008.[17] The confirmation of charges hearing took place from 27 June to 18 July 2008 and the charges were confirmed by Pre-Trial Chamber I on 26 September 2008.[17] The trial of the men began on 24 November 2009 and is ongoing.
The Prosecutor applied for a warrant for Ntaganda's arrest on 12 January 2006. The warrant was issued on 22 August 2006 under seal and subsequently unsealed on 28 April 2008. Ntaganga is currently at large as a fugitive.[18] Since being indicted, Ntaganda has become a general in the Congolese armed forces and (despite the fact that there is an international warrant for his arrest) still lives openly in the Kivu region of the eastern DRC.[19]
The Prosecutor applied for a warrant for Callixte Mbarushimana's arrest on 20 August 2010 and it was issued under seal on 28 September 2010.[20] Mbarushiman was arrested by French authorities in Paris on 11 October 2010.[20] He was then transferred to the Court's detention centre in The Hague. His confirmation of charges hearing took place between 16 and 21 September 2011.[21] and on 16 December 2011 the judges of Pre-Trial Chamber I by a 2-1 majority declined to confirm the charges and ordered Mbarushimana's release from custody.[22] Judge Sanji Mmasenono Monageng, the presiding judge dissented.
Situation in the Democratic Republic of the Congo – International Criminal Court
|
|||||||||||||||||||||||||||||||||||||||||||||