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DRC: Analysis: Should Lubanga face trial in DRC?; Fighting resumes in East DRC; Recruitment of child soldiers and rape case increase in North Kivu

12 Oct 2007

Dear All,

Please find below the latest developments related to the ICC's
investigation in Democratic Republic of Congo (DRC), including news
reports and analysis on a possible in situ trial of Thomas Lubanga, and
the increase in the recruitment of child soldiers and rape since
fighting erupted six weeks ago in North Kivu.

Please take note of the Coalition's policy on situations before the ICC
(below), which explicitly states that the CICC will not take a position
on potential and current situations before the Court or situations under
analysis. The Coalition, however, will continue to provide the most
up-to-date information about the ICC.

Regards,

Linda Gueye
CICC Communications
[email protected]

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I. POSSIBILITY OF IN SITU TRIAL FOR LUBANGA DRAWS MIXED REACTION

"Should Lubanga Face Trial in DRC? Analysts are split over merits of
holding part of the Lubanga proceedings in the Congo," By Sonia
Nezamzadeh (Institute for War and Peace Reporting), 11 October 2007,
http://www.iwpr.net/?p=acr&s=f&o=339788&apc_state=henh

"...The court confirmed last month that it had begun a preliminary
investigation into the possibility of holding some or all of the case
against Congolese militia leader Thomas Lubanga Dyilo in the Congo.

But analysts interviewed by IWPR are divided on whether an in situ trial
- a proceeding that takes place in the affected region - is the best
option for Lubanga, who is scheduled to go on trial in The Hague next
year.

Some suggested that hearings in the country where crimes occurred should
be encouraged as they would be more relevant for the Congolese people,
particularly the victims of atrocities.

Others, however, believe that bringing Lubanga back to the Congo will
increase tension and conflict in this war-torn country where peace is
still fragile.

...ICC prosecutor Luis Moreno-Ocampo, a proponent of in situ trials,
told IWPR, 'We believe it is important to be close to victims as much as
possible and agree with the principle.'

He says a trial in the Congo could foster reconciliation among
communities still on bad terms. 'We are dealing with grave crimes so
controversy is normal, and society is divided... so outreach is
important in a deeply divided community, and trials help a lot,' he
said.

Anneke van Woudenberg, senior researcher on the Congo for Human Rights
Watch, agrees that an in situ trial for Lubanga will have a dramatic
impact in the region. She told IWPR that taking proceedings into the
communities where the events took place is how justice is done.

'Justice is most effective when it's seen to be done,' she said. 'And
it's hard to make it seen... in the Congo. It's hard to have these
things resonate with people without TV screens, which many people don't
have. It is important that these people have this opportunity.'

However, some activists on the ground disagree, saying now is not the
right time to bring Lubanga back to the Congo.

Beck Bukeni Waruzi, director of the AJEDI-Ka/Child Soldiers Project, an
NGO in eastern DRC, says holding Lubanga's trial in the Congo will
increase tension in the country where two conflicts over nearly eight
years resulted in more than four million deaths.

'Thomas Lubanga is still popular. He still has confidants,' said Waruzi.
'Even if some soldiers have been integrated into the national army. UPC
soldiers... are still armed. They can't really tolerate their leader
being judged in this country without [retaliating].'

Though Waruzi agrees generally that bringing proceedings into affected
regions does bring justice closer to victims, he views this case as an
exception, largely because it is the ICC's first.

'I think the court has to be careful,' he said. 'I don't think they need
to bring Thomas Lubanga here. This court is looking too far ahead and
overstepping its boundaries... and it may jeopardise the trial.'

Waruzi said with the reputation of the ICC already on shaky ground with
the Congolese people, who aren't confident that the court is working to
benefit them, an in situ trial would be a giant leap of faith, that may
further disrupt the country's political climate rather than facilitate
peace.

Sonia Robla, the head of public information at the ICC, told IWPR that
the inquiry is at an early stage and the final decision to move any part
of the case to the Congo rests with the plenary, or complete body of ICC
judges.

She refused to comment more on the Lubanga case, saying it is too early
in the process to speculate about costs or the timeline for moving the
trial. Robla would say, however, that security for witnesses and victims
is a primary concern.

'All participants will be approached before a decision [is made],' she
said.

Moving parts of this trial - or even the trial in its entirety - would
undoubtedly be an enormous task to organise and one that would fall to
the ICC's registry.

'The registry must accept organising this,' said Luc Walleyn, a legal
representative for victims in the Lubanga case. 'But I'm not sure [in
situ proceedings are] a good idea.'

He doesn't know when, or even if, the hearings will move to the Congo
but said all participants should be ready to go at a moments notice.

'Even if the hearings start in The Hague, it's quite possible to decide
that in June, we need to go [to the Congo]. It could be possible that
the court goes there to question witnesses or visit some places,' he
said.

...Relocating a sophisticated system like the ICC into an unstable
country where tensions still run high could be a logistical nightmare,
said Walleyn.

Judges and lawyers rely heavily on the Internet, for instance,
exchanging thousands of electronic documents and communications online.
This could be problematic as technology is often unreliable in Congo and
elsewhere in the region, potentially hampering the trial process and
posing difficulties for lawyers and court staff.

Walleyn told IWPR that another serious obstacle to an in situ trial
would be security - for witnesses, for the court in general and for
Lubanga.
...
Walleyn is not convinced that the ICC will follow through with an in
situ trial but said that if it does, his job won't necessarily be more
difficult. He said that holding proceedings in the Congo could actually
benefit some of his clients - the victims and witnesses.

'If a witness appears in court in The Hague... the village knows he's
away [from the DRC] for a whole period [of time].' In sharp contrast,
Walleyn said that if a witness appeared in the Congo to testify, he or
she might be able to do so more discreetly, and in some cases, even
anonymously. The ability to appear in court for a few hours then return
to daily life may be an advantage that paves way for more victims and
witnesses to come forward, agreeing to participate in the proceedings,
without the fear of backlash from other Congolese.

The question of witness protection in the Lubanga case is a key one - no
matter where the trial takes place.

Victims' lawyers echoed the sentiments of the prosecution, saying their
clients need the protection of the court. There are two dozen potential
witnesses who have requested specific protection. Many witnesses are
opposed to disclosing their identities due to fear of Lubanga and his
supporters, said prosecutors.

...Aside from logistics, Bukeni said the ICC should conduct thorough
psychological and cultural investigations prior to making a decision on
moving the trial to Africa.

Having children testify against Lubanga in the Congo, he explained,
would break African cultural norms - particularly the notion that
children are to always respect, believe and trust their elders.

...Bukeni told IWPR that rather than in situ trials, the Congolese
people need the court to focus on searching for those who committed war
crimes in the country, '[The] Congolese need to see other Lubangas
brought to the court. They need to see criminals brought to justice.
That is the key point of need of the Congolese at the moment, not to
bring [Lubanga] here.'

II. FIGHTING CONTINUES IN EAST AND CRIMES CONTINUE

i. "Congo rebel calls for cease-fire," by Eddy Isango (Associated
Press), 11 October 2007,
http://www.boston.com/news/world/africa/articles/2007/10/11/congo_rebel_
calls_for_cease_fire/

"A powerful rebel leader in eastern Congo called for a cease-fire
Thursday as the army said the death toll from five days of clashes had
risen to 122.

Laurent Nkunda, a warlord who commands thousands of fighters in the
hills of North Kivu province, said fighting was taking place in areas
populated by civilians.

'The army's bombs are falling on the civilian population. We're afraid
worse things will happen if we're not careful,' Nkunda told The
Associated Press by telephone. 'We are asking for it to stop so we can
talk, because this is a problem that can only be resolved through
dialogue. Arms will not solve anything.'

On Wednesday, the army claimed to have pushed Nkunda's troops out of at
least three villages in North Kivu province, which borders Rwanda and
Uganda.

Regional army commander Col. Delphin Kahindi said 'a cease-fire is not a
bad thing, but we'd want to know what comes after.' He said the
government was waiting for Nkunda's fighters to stop fighting and rejoin
the national army by Oct. 15, an ultimatum President Joseph Kabila
issued in September.

Kahindi expressed doubt about Nkunda's peace appeal, pointing out that
Nkunda on Tuesday had promised a counteroffensive against government
forces...."

ii. "DRC: Thousands of youth risk forced recruitment into militia,"
IRIN, 8 October 2007
http://www.irinnews.org/Report.aspx?ReportId=74691

"James Mapundo, who just turned 18, speaks French, English and Swahili
and would really like to go back to school to learn another language.
Instead, he is stranded in an expanding camp for displaced Congolese
called Bulengo, now home to 13,000 people in eastern Democratic Republic
of Congo's North Kivu province.

Mapundo is one of an estimated 370,000 civilians to have fled their
homes since hostilities resumed between dissident general Laurent
Nkunda's National Congress for the People's Defence (NCPD) and the
Congolese army in December 2006.

He, like thousands of other young people, is now at risk of forcible
recruitment into armed groups who control much of North Kivu.

'[The NCPD] kill people and they take the young to go into the military
formations,' Mapundo told IRIN. 'They asked me to go in the military,
but I refused.'

Despite his precarious situation, Mapundo is one of the lucky ones. Many
other children have not escaped armed groups, though statistics are
unclear because access to most of the population is hindered by ongoing
fighting.

Humanitarian workers, though, say recruitment of children into armed
militias has skyrocketed since the latest bout of fighting erupted six
weeks ago.

'Organisations working in child protection have noticed a dramatic
increase of the recruitment of kids into armed groups,' said Patrick
Lavand'Homme, head of the UN Office for the Coordination of Humanitarian
Affairs (OCHA) in Goma.

Protection workers note that other disturbing trends have emerged since
the current flare-up began.

'[The militia groups] are targeting schools,' said Pernille Ironside, a
protection officer in Goma with the UN Children's Fund (UNICEF)....

While the focus is often on boys who have been recruited into armed
groups, the situation for girls is equally critical, protection workers
say.
Girls who are abducted are forced to become 'wives' to the military
commanders - relegating them to the role of sex slaves....

Humanitarian workers hope for a cessation of hostilities but say they
believe the situation in North Kivu could instead deteriorate, citing
increased military activities in the region...."

iii. "Belgium warns against weakening of UN presence in DR Congo's
troubled east," UN News Center, 1 October 2007,
http://www.un.org/apps/news/story.asp?NewsID=24123&Cr=general&Cr1=debate


"The stability of the Democratic Republic of the Congo (DRC) is in
serious jeopardy from the resumption of fighting in the far east of the
country, where the recruitment of child soldiers proceeds unabated,
Belgium's Foreign Minister Karel De Gucht told the General Assembly
today.

In an address to the annual high-level debate at United Nations
Headquarters in New York, Mr. De Gucht warned that the fragile situation
in DRC's North Kivu province was also creating severe humanitarian
problems...."

iv. "DRC: Rape cases up by 60 percent in North Kivu - UNHCR," IRIN, 12
October 2007, http://www.irinnews.org/Report.aspx?ReportId=74767

"A total of 351 cases of rape were reported in North Kivu province,
eastern Democratic Republic of Congo (DRC), representing a 60 percent
increase from August, the UN Refugee Agency (UNHCR) said on 11
October....

'Displaced [people] report severe violations by armed groups, such as
pillaging and destruction of houses, killings of civilians, recruitment
of children into armed groups and cases of rape,' UNHCR said.

There were more than 2,000 cases of rape in North Kivu between January
and September 2007, according to the UN Population Fund (UNFPA), which
reported that rape and other human-rights abuses were taking place in
parts of North Kivu unaffected by fighting between the Congolese army
and insurgents led by renegade army commander Laurent Nkunda...."

v. ""They Are Destroying the Female Species in Congo": Congolese Human
Rights Activist Christine Schuler Deschryver on Sexual Terrorism and
Africa's Forgotten War," Interview by Amy Goddman (Democracy Now),
October 8th, 2007
http://www.democracynow.org/article.pl?sid=07/10/08/1340255

"In a war that has already killed over 4 million people, Christine
Schuler Deschryver describes how women continue to be the victims of
'sexual terrorism' in the Congo. John Homes, the UN Undersecretary
General for Humanitarian Affairs, called the sexual violence in the
Congo "the worst in the world." President Bush made a strong statement
about rape and genocide at a Security Council meeting on September 25th.


President Bush: 'Maybe some don't think it's genocide, but if you've
been raped, you think it's -- your human rights have been violated. If
you're mercilessly killed by roaming bands, you know it's genocide.'

He was talking about the violence in Darfur, Sudan. But President Bush
made no mention of another crisis in Africa: the long and ongoing wars
in the Democratic Republic of Congo. Between 1997 and 2004, up to four
million people died in the conflict. That's according to the latest
mortality survey carried out by the International Rescue Committee, or
the IRC, and published in the British medical journal Lancet. The IRC
also estimates that today, three years later, 38,000 people continue to
die each month.

...Speaking to the New York Times, John Homes, the UN Undersecretary
General for Humanitarian Affairs, called the sexual violence in the
Congo 'the worst in the world.'

Christine Schuler Deschryver [Congolese human rights
activist]...describe[s] the situation in her country:

CHRISTINE SCHULER DESCHRYVER: ...Three years ago, we had the report from
International Rescue Committee that already four million people died in
Congo, so it's one of the most --
AMY GOODMAN: Four million?
CHRISTINE SCHULER DESCHRYVER: Four million. It was three years ago, in
2004. And now we are waiting for the new report, I think, for beginning
October. It will probably be seven million or more, and nobody is
talking about this silent war that's going on in Congo, because the
official war ended three years ago. We had elections last year.
But there's another form of very violent war with sexual terrorism going
on in Congo. We are talking about more than -- in all eastern part of
Congo, more than 200,000 women, children and babies being raped every
day, and now, right now, I am talking to you, thousands of women are
taken and children into forests as slave sex. And today --
AMY GOODMAN: As sex slaves.
CHRISTINE SCHULER DESCHRYVER: As sex slaves, yeah. And we are not -- I'm
sorry just to talk like this -- we are not talking about normal rapes
anymore. We are talking about sexual terrorism, because they destroyed,
and they -- you cannot imagine what's going on in Congo. Rape is a
taboo, I think, in most of African countries, so the women who accept to
go to the hospital or to be registered, it's because they don't have a
choice anymore. They have to go and be repaired, because we are talking
about new surgery to repair the women, because they're completely
destroyed. And the ones who are just raped without big destruction, they
don't talk about rape, because the African -- the Congolese woman, she
suffered so much that she can support being raped without telling it,
when she doesn't need medical care...."

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