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DRC: Reactions to Katanga transfer; ICC sets date for Lubanga trial

16 Nov 2007

Dear All,





Please find below our digest on the International Criminal Court's investigation
in the Democratic Republic of Congo (DRC) and related top stories including but
not limited to:



*Continued news coverage of the transfer of Congolese militia leader Germain
Katanga to The Hague and reactions from the UN Mission in DR Congo, The
International Bar Association's Human Rights Institute, and the European Union.



*ICC's announcement on Tuesday that it will begin its first ever war crimes
trial, that of DR Congo militia leader Thomas Lubanga, at the end of March 2008.



*Information on a seminar on the ICC which brought together large numbers of
Congolese religious leaders involved in the fight against impunity, co-organized
by the National Coalition for ICC (CN-CPI) and the International Federation of
Living Churches (FIDEV).



*ICC decision to post a series of ICC factsheets in Acholi and Swahili to its
official website.



Please also 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
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.
Also, kindly note that informal translation from the French that follow are
unofficial and should not be used for quoting in any official document.







With regards,





Sasha Tenenbaum

CICC Communications

[email protected]









I. WAR CRIMES SUSPECT KATANGA MAKES FIRST APPEARANCE BEFORE ICC



i. "Congo-Kinshasa; War Crimes Suspect Appears Before International Criminal
Court," UN News Service, 22 October 2007,
http://allafrica.com/stories/200710221998.html



"Congolese militia leader Germain Katanga today made his first appearance before
the International Criminal Court (ICC), where he faces charges of murder, sexual
enslavement, forcing children to serve as soldiers and other war crimes.



...During today's public hearing in The Hague, presiding judge Akua Kuenyehia
informed Mr. Katanga of both the charges against him and his rights throughout
the court process, including the right to apply for interim release pending
trial.



Sylvia Steiner has been designated by the ICC's pre-trial chamber as the single
judge in the case, and the hearing to determine whether the charges will be
confirmed has been set provisionally for 28 February. Mr. Katanga was also
advised to appoint a defence lawyer as soon as possible. ..."





ii. "Congolese war crimes suspect appears in international court," Mike Corder
(Associated Press), 22 October 2007,
http://www.boston.com/news/world/europe/articles/2007/10/22/congolese_war_crimes
_suspect_at_hague/



"...In total, Katanga faces three charges of crimes against humanity and six of
war crimes. He was not required to enter a plea Monday. ...His court appointed
lawyer, Xavier-Jean Keita, said Katanga was never told why he was arrested and
his detention was extended without explanation.



'His right to family life has been violated, and that is against Congolese law,'
Keita said.Katanga, a father of two, was in Congolese custody when authorities
turned him over to the international court last week based on a sealed arrest
warrant issued July 2.



Asked about his conditions of detention in ICC's Hague cell block, Katanga
replied: 'Nobody can be satisfied with their conditions of detention, whatever
they are.'



Keita told presiding Judge Akua Kuenyehia that he would file a motion for
Katanga's pretrial release. Monday's hearing had to be briefly adjourned while
the court found an interpreter in Katanga's native language, Lingala.



The next important step in his case will likely be a hearing on Feb. 28, 2008,
at which prosecutors present a summary of their evidence and judges rule whether
it is strong enough to merit sending Katanga to trial. ..."



II. KATANGA'S TRANSFER 'COMES AT AN OPPORTUNE MOMENT'



"Germain Katanga, second Congolese transfer to the ICC," B. Bibas, E. Chicon and
F. Petit (International Justice Tribune), 22 October 2007 (Subscription Only),
link unavailable



"...In Congo, and particularly in Ituri (the only province affected by the ICC
indictments), the wait has been long. In Bunia, Ituri's capital, reactions to
this second transfer are decidedly mixed. For Godefroy Mpiana, head of the local
association Justice Plus, 'the proceedings took a long time. The court really
lost its credibility here on the ground. So the fact that it has a second
defendant, with more charges against him than foreseen, is really a good thing.
We were requesting that murder charges be added [for Lubanga, who has only been
indicted for the use of child soldiers], so we welcome this new accusation.'



'But what we fear now,'adds Mpiana, 'are the consequences this transfer will
have on the disarmament process.' In Bunia, the transfer was announced the same
day as the deadline set by the government for the disarmament of the Ituri
militia. Interviewed two days later, the director of the local radio station
Canal Révélation, Richard Pituwa, said, 'I spoke with those close to Katanga,
who are disappointed, when they were laying down their weapons. So they have not
turned in any weapons, and their officers tied to the FARDC [Congolese armed
forces] went into the bush to try and bring back their personnel for the
disarmament, but they did not return as planned. We still do not know what is
happening, but we are worried.'



Reactions were also mixed among the Union of Congolese Patriots (UPC), the
majority Hema movement that Lubanga led and which was opposed by Katanga's
majority Lendu and Ngiti Patriotic Forces of Resistance of Ituri (FRPI).
According to Pituwa, who interviewed the head of the UPC the day of the
transfer, 'They recognize that their own were massacred, but they say that
beyond Katanga they really see other people who financed it. They reproached the
ICC for focusing on the Hema-Lendu conflict when there are other ethnicities
involved in this conflict and especially people who are in Kinshasa or Kampala.'
And ordinary people? 'The people expect that in Uganda the investigations will
advance as well, but ultimately everyone sees that this very large machine [the
ICC] is only succeeding in little Ituri, where there is a strong international
presence. That is what makes it easier.'



For human rights observers, there is little doubt as to Katanga's and the FRPI's
responsibility in the Bogoro attack. ...However, several observers also describe
the ties that existed between the FRPI militias and the RCD-KML, a movement led
by the current minister of Foreign Affairs, Mbusa Nyamwisi. Katanga's arrest
warrant was issued July 2. Some Congolese observers argue that this minister,
who had ties both to Lubanga and Katanga, could have prevented an earlier
attempt, in mid-July, to transfer Katanga to the ICC. Questioned about the delay
between the warrant and the transfer, the Court invokes Congolese political
agenda and organizational issues.



Van Woudenberg believes, 'The time has come, however, for the prosecutor to
continue his investigations to find out who is behind these war lords in
Kinshasa, Kampala or Kigali. Two weeks before his transfer, I met Katanga, who
told me that he had received military assistance from Kinshasa. He gave names.
It's up to the prosecutor to explore these leads. He has the means and the
professionals; he can and must search higher up.' ...



The ICC does not seem likely to respond to these questions any time soon. After
a year without any major jurisprudence, no visible progress on the four official
'situations', and no trials at the ICC, Katanga's transfer comes at an opportune
moment: just a few weeks before its annual meeting with donors."



III. REACTION TO KATANGA TRANSFER FROM MONUC, INT. BAR ASSOC. AND EU



i. "MONUC welcomes transfer of Germain Katanga to the ICC in the Hague," MONUC
Press Release, 22 October 2007, http://www.monuc.org/news.aspx?newsID=15817



"MONUC [the UN Mission in DR Congo] congratulates the Government of the DRC for
taking this important step in the fight against impunity, and for its continued
cooperation with the ICC. MONUC pledges its support in helping the Government
strengthen its own internal judicial proceedings for such crimes, considering
that the jurisdiction of the ICC is complementary to the primary jurisdiction of
Congolese courts...."



ii. "IBAHRI Welcomes the Surrender of Germain Katanga to the International
Criminal Court," Statement by International Bar Association, 19 October 2007,
http://www.ibanet.org/iba/article.cfm?article=136







"The International Bar Association's Human Rights Institute (IBAHRI) today
welcomed the announcement that the Democratic Republic of Congo (DRC)'s
Government has surrendered Germain Katanga, also known as Simba, to the
International Criminal Court (ICC). The IBA Executive Director, Mark Ellis,
says: 'We applaud the Government of the DRC in cooperating with the ICC. Its
commitment to combat impunity and establish the rule of law is welcomed by
IBAHRI. The transfer of Mr Katanga reinforces the status of the ICC as an
indispensable judicial institution committed to investigating and prosecuting
serious crimes of international concern.'...







In this regard Mark Ellis further comments: '...The IBAHRI urges that due
consideration be given to challenges encountered and lessons learnt during the
pre-trial phase of the case of Thomas Lubanga Dyilo. The priority of the Court
must continue to be that the suspect is afforded all of the fair trial
guarantees enshrined in the Rome Statute and the Rules of the Court, including
the right to trial without delay while protecting and safeguarding the interests
of victims and witnesses.' ..."-







iii. "EU welcomes Germain Katanga's transfer," 18 October 2007,
http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Pag
e&cid=1007029391629&a=KArticle&aid=1188503912320&year=2007&month=2007-10-01



"The European Union on Monday welcomed the transfer from Kinshasa to the Hague,
Netherlands, of Germain Katanga...In a statement released to the press in
Brussels, the European Union said after Thomas Lubanga's arrest, that of Katanga
was a 'new step forward' in the inquiry being conducted by the ICC and proved
the international community's determination to fight the impunity that had long
prevailed in Africa's Great Lakes region where 'violence of shocking brutality'
were still taking place. The European Union said it welcomed the Congolese
authorities' co-operation and reaffirmed its commitment to keep on working with
them 'so as to consolidate the situation in DR Congo, as regards the political
stability as well as development of that key partner to Europe'. ...







IV. ICC SETS TRIAL DATE FOR SECOND DRC CASE, LUBANGA: 31 MARCH 2008



i. "World war crimes court to open Lubanga trial next March," Agence France
Presse, 13 November 2007,
http://ca.news.yahoo.com/s/afp/071113/world/drcongo_unrest_icc_trial



"...The world's only permanent war crimes tribunal, based in The Hague, said in
a statement that 'Trial Chamber I decided, on November 9, 2007, that the trial
in the case of Mr Thomas Lubanga Dyilo shall commence on March 31, 2008.'
Lubanga, who is jailed in the Dutch capital and has already been in court for
pre-trial hearings, will be tried for allegedly recruiting child soldiers under
15 into his politico-military movement.



This particular charge was upheld in January, and the prosecution produced
evidence from many of his alleged recruits into the military wing of his Union
of Congolese Patriots (UPC), formerly a movement in the northeastern Ituri
region of the Democratic Republic of Congo.



Lubanga, 46, has rejected the testimony against him as lies and denied all
charges initially levelled at the ICC, which started work in July 2002 as the
first permanent court dealing with war crimes, crimes against humanity and
genocide...No decision has yet been announced in the case of Katanga, who stands
accused of massacring villagers, using child soldiers and sexually enslaving
women in early 2003.



'However, investigations are ongoing in the DRC and other cases may follow,'
stated the ICC on Tuesday. Tribunal prosecutors have thus far concentrated
mainly on alleged war crimes in the DR Congo and also in the north of
neighbouring Uganda, wracked for decades by a brutal rebel insurgency.



Many non-governmental organisations have called for Lubanga, who was arrested in
Kinshasa in 2005, also to be indicted for sexual violence and massacres..."



ii. "The Netherlands: Congolese Faces Trial," Reuters as reprinted in The New
York Times, 13 November 2007,
http://www.nytimes.com/2007/11/13/world/europe/13BRIEFS-HAGUE.html?ex=1352696400
&en=959b769b39dd68c7&ei=5088&partner=rssnyt&emc=rss



"The Congolese militia leader Thomas Lubanga, accused of using child soldiers in
his country's 1998-2003 war, is to go on trial in March and become the first
person to be tried by the International Criminal Court in The Hague..."



iii. "Thomas Lubanga's arrest spells doom for the DRC," by Evans Wafula (Africa
News Blog), 21 October 2007,
http://www.africanews.com/site/list_message/7819#m7819"

"...the decision to arrested and sent to the International Criminal Court former
leader of a DRC militia group Thomas Lubanga remain a sticky issue only
discussed under closed doors. The arrest of Lubanga has come under criticism
from the position groups in Congo and the entire region waits as more people are
being sought by the ICC. ...



Mr Lubanga was brought out of his jail in the capital, Kinshasa, by the Congo
military. The arrest has been termed as an act of 'betrayal' by most Congolese
in the diasporas blaming it on Joseph Kabila....Since his arrest several teams
of ICC investigators have been sent to Ituri in recent months where more than
50,000 people have died since the inter-ethnic war began in 1999 to gather
evidence for the trial. Thomas Lubanga's ethnic Hema Union of Congolese Patriots
has been battling their Lendu rivals, partly for control of Ituri's large
deposits of gold and of late for right to 'self determination'.... "



V. DRC CHURCH LEADERS PARTICIPATING IN SEMINAR ON ICC DRAW UP RESSOLUTIONS



i. "Religious leaders in the DRC informed of ICC mandate," by Godefroid
Ngamisata (Le Potentiel), 7 November 2007,
http://fr.allafrica.com/stories/printable/200711070707.html (in French)



"The Church is now involved in raising awareness of the public and the faithful
in particular about the mandate of the ICC... 'The Church against War Crimes
Impunity' the name of this learning workshop on the ICC, which took place last
weekend 1-3 November 2007, was a joint initiative of the National Coalition for
ICC (CN-CPI) and the International Federation of Living Churches (FIDEV).











This seminar attended by over 120 religious leaders and Church clerics featured
an impressive group of speakers from various organizations such as the ICC,
United Nations Mission in Congo (MONUC), International Center for Transitional
Justice (ICTJ) and the CN-CPI.



The CN-CPI coordinator, Christian Hemedi, made known to participants that church
leaders are not particularly knowledgeable about the ICC's mandate. Yet, these
same leaders play a major role in caring for the victims of grave crimes during
an armed conflict.



This was the 'raison d'être' behind the workshop which had the following as
objectives, among others: make known the mandate of the ICC, discuss in-depth
the role of the Church in promoting the reparative justice process. The latter
has the aim of promoting justice and reconciliation for a lasting peace in the
DRC.



Workshop participants outlined a number of challenges [for complete list of
challenges and resolutions, see II. ii]facing the Congolese society that stand
in the way of advancing peace and reconciliation in relation to the ICC
mission....



Translation is unofficial and should not be used for quoting in any official
document.







ii. Statement made following "The Church and the Fight against Impunity of
Crimes under the Jurisdiction of the International Criminal Court," 3 November
2007,



http://coalitionfortheicc.org/documents/DRC_Religious_Leaders_Statement_3_November_2007.pdf







"A November 1 to 3, 2007 seminar on the International Criminal Court ...brought
together numerous Congolese religious leaders involved in the fight against
impunity, including: counsels and jurists of the Fédération International des
Églises Vivantes - FIDEV (International Federation of Living Churches) and
communities, Community of God's Assemblies in Congo, Muslim Community, Methodist
Church, Lutheran Church, Canadian Orthodox Catholic Galician, Liberal African
Catholic Church, Belgian Old Catholic Church, Copt Orthodox Church, Mennonite
Church, African Galician Catholic Church, Church of Spirituality, Neo-Apostolic
Church, Roman Catholic Church, Awakening Church and Independent Church;







...Several challenges facing the advancement of peace and the reconciliation
with regard to the mission of the ICC. Among these challenges, we can mention
the following:







Increasingly perceptible doubt among the population on the effectiveness of ICC
to bring justice in DRC because of very long procedures and its distance from
the scenes of the crimes;







The quasi- structural impunity prevailing in the DRC which is characterized by
the nominations of alleged criminals to official functions within the national
army and in other public institutions;







Low participation of the victims in procedures before the ICC due to the
complexity of these procedures and generalized poverty of victims;







Persistence of insecure zones not only in the areas where the ICC opened its
investigations, but also in the Eastern regions where the population wishes for
ICC intervention to stop the cycle of violence;







Low implication of religious communities in the work of ICC.







We thereby, as religious leaders, having taken part in this seminar, make the
following resolutions relating to our contribution in the fight against
impunity:







Sensitize the public in general and our members in particular on the mandate of
ICC in the promotion of justice and peace;







Initiate lobbying actions for (1) bringing to justice persons responsible for
the serious crimes, including those occupying official positions and (2) the
adoption of implementing legislation of the Rome Statute by the Congolese
Parliament;







Create structures to fight against impunity within our respective communities
and with the assistance of the FIDEV;







Increase assistance to victims of serious crimes in order to allow them to take
part in the procedures before the ICC (psychological support, technical, and
legal assistance, material support, assistance in creating support groups);







Foster a more active collaboration with the ICC in playing an intermediary role
between the victims and ICC;







Church's support in the process of setting up "truth and reconciliation"
commissions and create truth-telling ("confessional") structures to promote
peace and reconciliation using the spiritual and traditional resources of
restorative justice;







Establish a working group within the national Coalition for ICC called '' Foi
and Ethique" (Faith and Ethics) to support the mandate of ICC and to facilitate
the flow of communication among the local population and to and from the ICC.







Finally, we underscore our concern regarding the assurance of ICC protection of
intermediaries and all victims without exception - the protection of those who
work for the success of the mandate of ICC on the Congolese territory.







Such are the engagements to which we subscribe on this day in order to promote
justice and peace within our community.







MAY GOD BLESS THE CONGOLESE PEOPLE







Signed in Kinshasa, the 3 November 2007..."



Translation is unofficial and should not be used for quoting in any official
document.







VI. ICC POSTS ICC FACTSHEETS IN SWAHILI, ACHOLI TO ITS WEBSITE



In addition to the Court's official working languages (Arabic, English, French),
there are now select documents translated into Congolese Swahili and posted to
http://www.icc-cpi.int/about/ataglance/factsheets.html Congolese Swahili is
spoken in East DRC.



VII. ICC INDICTEE NKUNDA FORCES' CLASH WITH UPDF ALONG DRC BORDER; U.S. DEPT. OF
STATE WELCOMES DRC SECURITY PROPOSAL







i. "Uganda; Troops Clash With DRC Dissident General's Troops," Grace Matsiko
for the Monitor (Kampala), 13 November 2007,
http://allafrica.com/stories/200711121693.html







"UPDF troops have clashed with Congolese renegade General Gen. Laurent Nkunda's
forces who had made an incursion into Uganda's western district of Kisoro.



The fighting that took place on Sunday between the UPDF's 17th battalion border
patrol unit and a small force of Nkunda's men happened at 8:30am at Kanombe,
South of Bunagana border point. This is two and a half kilometers inside Uganda,
military sources said yesterday.



Gen. Nkunda alias Laurent Nkunda at ware is a former general in the Armed Forces
of the DRC and is the leader of a rebel faction operating in the province of
North-Kivu, sympathetic to Congolese Tutsis. He was indicted for war crimes in
September 2005 by the International Criminal Court.



According to military sources, Gen. Nkunda's forces that control the vast swathe
of land along the DRC common border with Uganda make occasional incursions into
Kisoro which end up in killings and looting.



...But Lt. Kiconco ruled out possibilities of the clash erupting into a
full-scale war between the UPDF and Gen. Nkunda forces estimated to be close to
8,000 men and women.



As early as yesterday afternoon, Congolese refugees continued to trickle into
Uganda from Rutshuru region to avoid being caught in the crossfire. However, the
numbers of the Congolese refugees crossing into Uganda is not known."



ii. "Support for Congolese and Rwandan Initiatives," Statement by Jendayi
Frazer, Assistant Secretary for African Affairs at US State, 1 November 2007,
http://www.state.gov/p/af/as_remarks/2007/94498.htm

"The United States welcomes the Democratic Republic of Congo Government's recent
proposal of measures to eliminate the threat to peace and security posed by
remnants of the former Rwandan Armed Forces (ex-FAR) and Interahamwe militia
responsible for the 1994 genocide in Rwanda. We also welcome the detailed and
constructive response by the Government of Rwanda to the Congolese proposal to
disarm and encourage the repatriation of these forces and to relocate those
unwilling to repatriate. In keeping with President Bush's and Secretary's Rice's
long-standing personal commitment to the achievement of lasting peace and
security in the African Great Lakes, we support efforts to refine and implement
these initiatives.



We strongly encourage the two governments, both of which are partners in the
U.S.-Facilitated Tripartite Plus Joint Commission, to continue to consult
closely with each other, and with the United Nations Mission to the Democratic
Republic of the Congo (MONUC) on a comprehensive plan to end the violence in
eastern Congo. We urge both states to convene immediately the Joint Verification
Mechanism to assist in implementing the plan. The United States, as a friend to
both countries, stands ready to facilitate discussions and to help with
implementation. We will stand with these two neighbors to support their efforts
for the future of their region.



Ex-FAR and Interahamwe leaders must end their military activities and disarm and
demobilize their forces. The United States supports action by the international
community to compel them to do so if necessary. These insurgent forces remain
under United Nations sanctions as a major threat to regional peace and security.
The United States calls on all parties to respect United Nations prohibitions
against providing them military or other support."



ii. "Situation sécuritaire à l'Est de la Rdc : Washington approuve le plan
d'offensive de Kinshasa contre les forces négatives,'' Agence France Presse, 5
November 2007,



http://www.lepotentiel.com/afficher_article.php?id_edition=&id_article=54813 (in
French)







" ...The United States has declared itself ready to help the DRC and Rwanda in
their efforts to secure the border in the region, where thousands of displaced
persons have fled the fighting these past weeks...U.S. President George Bush has
publically given his support to his counterpart in the DRC, Joseph Kabila,
during an interview on 26 October, in Washington, two days after renewed
American sanctions against individuals accused of contributing to the violence,
including Laurent Nkunda. In North Kivu, an American delegation led by Tom
Shortly, advisor to the Assistant Secretary of State for African Affairs,
Jendayi Frazer... 'met with Nkunda, who refused to disarm so long as UPDF does
not" indicated an AFP source in Kinshasa. The delegation is expected to return
to Kinshasa this weekend for a meeting between M. Kabilia, after which, it could
continue to Kigali for an interview with the Rwandese President Paul Kagame,
according to certain sources."



Translation is unofficial and should not be used for quoting in any official
document.



VIII. EUROPEAN DIPLOMATS CONDEMN REIGN OF IMPUNITY IN DRC







i. "Three European diplomats horrified by reign of impunity in the DRC," J-Alain
Kabongo



for the Le Phare (Kinshasa), 12 November 2007,



http://afp.google.com/article/ALeqM5jGUjJVzZFrweV0dND8buykJXJqVw (in French)







"Three Human Rights Ambassadors from Spain, the Netherlands and Sweeden
expressed their concern over the regin of impunity in the DRC on Friday, 10
November during a joint press conference held at the Swedish embassy in Gombe.







Madame Sylvia Escobar of Spain, Arjan Hamburger of the Netherlands and Jan
Nordlander of Sweden concluded last week their week-long visit to the DRC to
examine the human rights situation in the country: "We visited Goma, and we are
profoundly troubled by the human rights situation," they declared all while
reminding the Congolese government of its duty to protect its citizens against
abuse and violence. They encouraged the authorities to put an end to the culture
of impunity and to re-establish the rule of law in the DRC, without forgetting
to guarantee the freedom of expression.







...To put an end to impunity, they pleaded for a truly independent justice
system, the reform of the Criminal Court, the establishment of a high council
for judges, adoption of the implementing legislation of the Rome Statute..."



Translation is unofficial and should not be used for quoting in any official
document.







ii. " Close-up: For his contribution to building visibility for the ICC, a
Congolese journalist is admitted to prestigious world association," La
Prosperite, 5 November 2007,
http://www.laprosperiteonline.net/affichage_article.php?id=3493&rubrique=A la%
20loupe







"The Association of Journalists at the International Criminal Court
(AJICC-AJCPI) in The Hague admitted Kazadi Désiré-Israël, journalist in charge
of the African reporting, World and Justice reporting at the Kinshasa-based
daily Le Phare (Headlight). This association brings together accredited
broadcast news correspondents and radio and print journalists reporting on the
ICC....Our compatriot is the 42nd member to be admitted, and this after an exam
of his body of reporting which includes news reports and analysis on the work of
the ICC.... Kazadi collaborated in the beginning of his career on a publication
titled «Essential Questions on the Rights of Victims before the ICC » published
by l'Action contre l'impunité pour les droits humains (ACIDH) , an NGO based in
Lubumbashi. This publication was followed by another titled "DRC: How to
Contribute to the Fight against Impunity." ...An organization that Kazadi heads
with other members of the media joined the National Coalition for the
International Criminal Court CPI (CN-CPI).







*********************************

CICC's policy on the referral and prosecution of situations before the ICC:



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the course of

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