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DRC: Kivu Peace Conference; CN-CPI press conference, opinion poll; CNN interviews Laurent Nkunda; FIDH says ICC decision to not pursue Lubanga for sexual crimes committed is not ‘justifiable’; The Guardian op-ed

10 Jan 2008

Dear Colleagues,

Find below information on recent developments related to the
International Criminal Court's investigation in the Democratic
Republic of Congo (DRC).

This digest includes a press release issued by the National Coalition
for the ICC in DRC (CN-CPI) in conjunction with the Kivu Peace
Conference in Goma (6-14 January) which addressing the security
problem in the North and South Kivu provinces; CN-CPI Coordinator
Christian Hemedi held a press conference on the third ICC
investigation in the DRC; CN-CPI releases an opinion poll on Congolese
public views on the ICC; FIDH states that the lack of ICC charges
against Thomas Lubanga for sexual crimes in spite of overwhelming
evidence, was a decision that "can not and must not be justified";
transcript of CNN interview with Laurent Nkunda and a The Guardian
editorial: "The ICC... has only this week indicted the first Congolese
militia commander for gender-based crimes…Luis Moreno Ocampo, should
be urged to accelerate his investigations."

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.

With regards,

Sasha Tenenbaum
CICC Communications

I. KIVU PEACE CONFERENCE BEGINS

i."Press Release N°004/CN-CPI/SK/RDC/2008," Focal Point for the
Coalition National for the ICC in South Kivu, DRC (CN-CPI/SK), 6
January 2008,
http://www.coalitionfortheicc.org/documents/CNCPI_SK_PR_6jan08_fr.pdf (in French)

"The work of the Kivu Peace Conference, the security and development
of North and South Kivu must not lead to resolutions uniquely on the
impunity of criminals.
The focal point for the CN-CPI/SK is closely following the proceedings
of the conference in Kivu [this Goma-based conference initiated by
president Kabila aims to put an end to the conflict in the east of the
country is scheduled from 6 -14 January 2008],the security and
development in the North and South Kivu provinces.

The focal point believes that the conference, which he welcomes, will
be limited to an evaluation of the obstacles which block the
advancement of peace, security, development in these provinces and the
formulation of the pathways to clear solutions.
Those attending the conference must be ready to make resolutions that
will further the fight against the impunity of war crime criminals who
violate human rights and international humanitarian law.

As such, they must not lose sight of the real security, the real
peace, the real reconstruction of the socio-political fabric, and the
real reconciliation which needs to follow the establishment of the
truth and the responsibilities of the crimes endured by the population
who are either excluded or badly represented during these hearings. In
other words, we must fight against impunity by the means of JUSTICE.

Who can forget the massacres and atrocities in Makobola, Nindja,
Kasika, Gatumba, Kaniola, Tulumamba, Masanga, Kavumu and the
systematic campaign of rape, pillaging and the burning of the Bukavu
economic symbol and the outerlying areas by deposed military officials
and dissidents of the FARDC, Colonel Jules Mutebutsi and Général
Laurent NKUNDA ? Let's not have short memories!
While it is true that negotiations could include provisions for the
integration of FARDC ranks into the military, the integration of those
remain reluctant to disarm, demobilize and reinsert, it would be
unpardonable for the negotiators to forgo jurisdiction that must be
pursued without interruption or political influence.

Moreover, the focal point remains convinced that this conference
should be an opportunity for the head of state to receive solid
propositions in order to fulfill his promise to the Congolese people,
the one to the D. R. Congo a veritable "State of Law" where justice
plays an effective role in establishing the facts, pursues the
condemnation of perpetrators of massive crimes against humanity.

Thus, we recommend that conference participants:

1. The adoption of a Parliamentarian law for the implementation of
Rome State, the founding treaty of the ICC. This national law must
contain the following : the active participation of the victims in the
search for the truth; the introduction of new elements in war crimes,
crimes against humanity and crimes of genocide and new incriminations;
the notion of the irrelevance of official capacity of the author of
the international crimes (neither the privileges of jurisdiction nor
immunities); the principle of objective responsibility of the civil or
military command; the creation of a trust fund for victims; the rigor
in the collection of evidence; the complementarity of cooperation with
the ICC by Congolese jurisdictions; the competence of Congolese
jurisdictions over the crimes of the Rome Statute in accordance with
the principle of complementality; the inclusion of the notion of
indemnities or collective reparations.

2. The allocation of significant means for the reorganization of the
judiciary body that must take the lead in the repression of serious
and massive crimes suffered daily by the Congolese population in
general and in the North and South Kivu areas in particular;

3. The training of magistrates, particularly those based in Eastern
DRC, on the complementary nature of the ICC and the conditions to be
fulfilled;

4. The establishment of peace and military courts in each territory of
North and South Kivu.

5. The restructuring of the CONADER et the genuine reinsertion of
former combatants who have chosen to demobilize.

The focal point reminds conference participants that they have the
responsibility to watch over the interests of all victims of human
rights violations and international humanitarian violation who will
only be healed by witnessing their torturers brought before JUSTICE.
For this to happen, the government must adopt a global strategy to
fight against impunity of massive and grave crimes as one of
constituting element of pacification in provinces of North and South Kivu.

(Translation is unofficial and provided by the CICC Secretariat)

ii. "Launching of Preparatory Work for Kivus Peace Conference," by
Sylvie van den Wildenberg (MONUC), 28 December 2007
http://www.monuc.org/News.aspx?newsID=16379

"The preparatory work of the conference on peace, security and
development in the Kivus was officially opened on Thursday 27 December
2007 in Goma by IEC president and conference coordinator Fr. Malu
Malu. It also marked the beginning of a public awareness campaign for
the conference which is scheduled from 6-14 January 2008.
…Among the `specific' objectives of the conference, are the
mobilisation of all notables of the provinces of both Kivus around the
objectives of the conference, the evaluation of the damages undergone
by these provinces since 1994, the dissipation of the fears,
reciprocal mistrust, suspicions, frustration and angers which make
cohabitation difficult, and the establishment of bases of true
reconciliation between the sons and daughters of the provinces of
North and South Kivu…"
iii. "Renegade General Declares Ceasefire Ahead of Proposed Peace
Talks in Eastern DRCongo," by Gus Selassie (Global Insight), 27
December 2007, [URL not available]

"Renegade army general Laurent Nkunda, whose activities continue to be
a major destabilising force in eastern Democratic Republic of Congo
(DRCongo), yesterday called a temporary halt in his battle with the
government army--the Forces Armees de la Republic Democratic du Congo
(FARDC)--ahead of the planned peace summit for the volatile region. In
a statement issued yesterday, Nkunda said his National Council for the
Defence of the People (CNDP) is suspending its activities with
immediate effect and called on the government and the army to
reciprocate the offer by declaring their own ceasefire…"
iv. "Catholic bishops urge end to hostilities in east," Missionary
Service News Agency, 24 December 2007,
"`The prevailing situation of war is preoccupying the highest level of
the National Episcopal Conference of Congo (CENCO) ... [ellipsis as
published] Has our population not suffered enough to impose further
trials?' starts the message of the Bishops of the Democratic Republic
of Congo, entitled `Stop this War', issued on Saturday [22 December]
from Kinshasa and signed by Monsignor Laurent Monsengwo, chairman of
CENCO, Archbishop of the capital and diocesan administrator of Kisangani.
…Insisting on the concept that `a political problem is resolved with
sincere dialogue respectful of national and international law', the
CENCO `takes the occasion to remind that the principle of the
territorial integrity and intangibility of the frontiers must be
respected'. The international community is invited, conclude the
bishops, `to join efforts to resolve the crisis in the east, to avoid
compromising hopes of peace and instability in the region. Congo today
needs to open the large `roadworks'. …'"
v. " The United States Calls for a Cease Fire in Kivu!"La Prospérité ,
22 December 2007, http://fr.allafrica.com/stories/200712211022.html
(in French)

" …In a U.S. State Department declaration, the United States strongly
recommends the Government of the Democratic Republic of the Congo as
well as all the armed groups to observe an immediate and unconditional
cease-fire in Kivu….We note a clear evolution of the American position
on this war without mercy…it was not long ago that the Bush
administration recognized the legitimacy of the government to use
armed forces against armed groups in the hopes of spreading its
authority across the national territory. As for Laurent Nkunda, i twas
asked that he lay down his arms, demobilize his men, to turn himself
him or to exile himself..."

See 20 December U.S. Department of State press statement at
http://www.state.gov/r/pa/prs/ps/2007/dec/97908.htm
(Translation is unofficial and provided by the CICC Secretariat).
II. PRESS CONFERENCE WITH NATIONAL COALITION FOR THE ICC IN DRC
(CN-CPI) ON NEWS OF THIRD INVESIGATION IN NORTH, SOUTH KIVU

"The ICC on the tail of Nkundabatware after Thomas Lubanga and Germain
Katanga," D-I.K for Le Phare (Kinshasa, DRC), 21 December 2007,
http://www.digitalcongo.net/article/48868 (in French)

"The Prosecutor Ocampo will lead an investigation, notably into the
allegations of rape, forced displacement and murder. The next
investigation, the third of its kind, of the ICC in the Democratic
Republic of Congo will be based on allegations of war crimes committed
against humanity as carried out by the deposed general, Laurent Nkunda
Mihigo. This solemn news was made public during the 6th Assembly of
State Parties (ASP)…the information was brought to the attention of
the [Congolese]press by Christian Hemedi, Coordinator for the National
Coalition for the ICC (CN-CPI) who has returned from ASP meeting in
New York.

`This demarche responds to a wish formulated by the Congolese NGOs
calling on the ICC to open investigations in North and South Kivu,'
said Hemedi, who spoke side-by-side with the director of the
organization `Journalists for the Advancement and Defense of Human
Rights (JPDH).'

…Hemedi specified that the Prosecutor intends to find out the identity
of those responsible for financing Nkunda and the identity of those
that armed him.

The other topic discussed at this press conference was that of the
publication of the results of an opinion poll conducted by the
Coalition with the help of Seracob. This poll focuses on
awareness-building around the ICC, the perception of the Congolese
with regard to the transfer of Germain Katanga à to The Hague and the
upcoming trail against Lubanga."

(Above translation is unofficial and provided by the CICC Secretariat)

III. CN-CPI POLL ON CONGOLESE PERCEPTION OF ICC

"Opinion Poll: Evaluation of Awareness-Building on ICC Issues,"
National Coalition of the ICC in DRC, 27 November 2007,
http://www.coalitionfortheicc.org/documents/SONDAGE_CPI_2007_RESUME_FINAL.pdf

"…Conclusion : Having taken stock of the awareness-raising activities
of the ICC and civil society organizations in Ituri and Kinshasa as
well as in other localities in the country, these initiatives have
borne fruit in terms of increasing knowledge of the regulations and
workings of the ICC.

The fact alone that more than 2 out of 3 people polled are aware of
the existence of the ICC is already in itself a significant finding in
the fight against impunity.

What's more, though confronted by a general climate of impunity for
officials, the public is well aware that only the ICC can pursue the
perpetrators presumed responsible for these international crimes…

However, this work is long-term and deserves to be ramped up and also
sustained by the ICC's 2008 budget and other funders. The
sensibilization campaigns of the ICC in 2008 should focus, a priori,
on adequate means of communications, as determined by the public;
principles not yet assimilated by the public; the stumbling blocks
that could compromise the work of the Court, the strengths and
weaknesses of the ICC in such that it does not continue to help foster
distorted perceptions on the part of the population in general, and
the victims in particular.

The ICC must, at every turn, reaffirm that it has permanent and
international jurisdiction, that it is just and capable of putting an
end to impunity for international crimes under its jurisdiction and to
apprehend these perpetrators irrespective of their position or status."

(Above translation is unofficial and provided by the CICC Secretariat)

IV. NGO VSV CALLS ON ICC TO INTERVENE IN CHILD SOLDIER MATTERS; NGO
FIDH CALLS ON INTL. COMMUNITY TO ERADICATE SEXUAL VIOLENCE

i. D.R. Congo : The Voice of those Without a Voice (VSV) calls for a
humanitarian treatment of Rwandan child soldiers," Documentation and
Information for Africa (DIA), 28 December 2007,
http://www.dia-afrique.org/suite.php?newsid=43

"The Congolese NGO VSV expressed in late 2007 its deep preoccupation
with the treatment given to child soldiers originating from Kigali,
Rwanda who have been detained in D.R. Congo jails. In a press release
dated 27 December 2007, the VSV affirms that 11 children originally
from Kigali and certain Congolese children coming from the Masisi
(North Kivu) territory, both victims of forced recruitment in the army
of deposed general Laurent Nkunda, have been apprehended in the east
of the country and transferred to Kinshasa where they will be sent to
the Penitentiary and Re-education Center in Kinshasa (CPRK).

…The VSV also called on the ICC to actively involve itself in the
child recruitment network in armed conflict areas in East D.R. Congo,
recommending that the ICC use mechanisms at its disposal to dismantle,
apprehend perpetrators of war crimes in order to effectively fight
against impunity."

See related articles:
« A NGO presses for the liberation of children recruited by Nkunda » at
http://www.7sur7.be/7s7/fr/1505/Monde/article/detail/117250/2007/12/28/Une-ONG-r
-clame-la-lib-ration-d-enfants-recrut-s-par-Nkunda.dhtml (in French)

"UN denouces the forgotten humanitarian disaster into which North-Kivu
is falling", Le Monde – 1 January 2008,
http://www.lemonde.fr/web/article/0,1-0@2-3212,36-994960@51-995034,0.html
(in French)

ii. "When War Stops, Sexual Crimes Do Not Diminsh,"
Souhayr Belhassen, (FIDH)10 January 2008,
http://www.letemps.ch/template/opinions.asp?page=6&article=222965

"Souhayr Belhassen, President de la Fédération internationale des
droits de l'homme (FIDH), calls for the eradication of sexual crimes,
particulary those linked to the war.

…Of all the crimes commited, sexual crimes count among the most
atrocious, particularly when they occur during wartime.

…In the DRC, although two laws have been adopted against sexual
violence, they are pratically never applied. And those that are—only
six condemnations for rape using crimes against hunaity were
registered—and their perpetrators have escaped prison sentences with
an alarming ease.

When these crimes of sexual violence are assimilated with the most
grave crimes, and when the national jurisdictions are deemed
incompetent, the ICC is then expected to step in. But the Prosecutor
of the ICC who transfered Thomas Lubanga of the DRC to The Haque has
chosen not pursue Lubanga for sexual crimes committed, in spite of
overwhelming evidence. This decision can not and must not be justified.

…We call today for the mobilisation of the international community to
erradícate sexual crimes."

V. INTERVIEWS WITH LAURENT NKUNDA, JEAN- PIERRE BEMBA

i. "Look Back at 2007, Part I," by Femi Oke, Anderson Cooper (Inside
Africa – CNN International), 22 December 2007
http://transcripts.cnn.com/TRANSCRIPTS/0712/22/i_if.01.html
"FEMI OKE, CNN ANCHOR: …Tutsi general Laurent Nkunda is by far the
most powerful rebel figure involved in the conflict. He faces
international arrest warrants in connection with accusations of mass
rape and executions by his forces. No one has been able to apprehend
Nkunda, but Anderson Cooper managed to find and interview him.
Anderson told me about that unusual and memorable experience.
[…]
ANDERSON COOPER: … (on camera): There have been allegations that you
have committed war crimes, violated human rights. Is that true?
NKUNDA: In this area or out of this area?
COOPER: Out of this area. They say that in Kusungani (ph) in 2002,
that you ordered an execution of 160 people. Is that true?
NKUNDA: Not true.
COOPER: They say that in 2004, there are allegations that in Bukabu
(ph), your soldiers looted widespread, committed many rapes. In fact,
Human Rights Watch cites an instance of a woman being raped in front
of her husband and her children, and one of your soldiers, they say,
raped a 3- year old child.
[…]
COOPER: You realize you are dealing with somebody who has committed
war crimes, and been accused of terrible war crimes, and very well may
some day stand trial. And it's a strange experience, you know. Because
he's charming, he is very friendly, and yet you know there's this
other side of what he's actually done.
This is a man who clearly is in command of his army, clearly has
military training, and has support and back up, and has the respect of
his troops thus far, at least at that point in this conflict. So just
spending time with him, really seeing his operations up close, I think
I'm going to remember that moment of him walking into that crowd of
people who were dancing and watching him interact with his soldiers.
COOPER: Is there anything else you want people to know?
NKUNDA: No.
[…]
ii. "Bemba opens up about Nkunda, state of national affairs and his
exile in Portugal!"
Lucien Ahonto (La Prospérité ), 17 December 2007,
http://www.africatime.com/rdc/nouvelle.asp?no_nouvelle=369030&no_categorie=
(in French)

"In an interview with Continental in December 2007, Jean-Pierre Bemba
points a finger to those implicated in the violence in Kivu…

Continental: The International Criminal Court decided last May to open
an investigation into the events of 2002 and 2003 in the Central
African Republic where some elements of your army intervened, the MLC,
a rebel group at the time…It is difficult to understand why a
Congolese rebellion would militarily intervene in order to rescue a
regime in a neighboring country…?

Jean-Pierre Bemba: All that you say is not serious, and I do not wish
to return to this questions. I already responded many times, so let's
go on to something more serious… "

(Translation is unofficial and provided by the CICC Secretariat).

VI. MONUC MANDATE EXTENDED; CONGOLESE JUDICIAL SYSTEM

i."United Nations: Security Council Extends Mandate Of Democratic
Republic Of Congo Mission Until 31 December 2008, Unanimously Adopting
Resolution 1794 (2007)," M2 Press wire, 24 Dec 2007,
http://www.un.org/News/Press/docs/2007/sc9213.doc.htm
"The Security Council today extended the mandate and capacity of the
United Nations Organization Mission in the Democratic Republic of the
Congo (MONUC) for one year, until 31 December 2008….The Council
demanded that the militias and armed groups still present in the
eastern part of the Congo, in particular the Forces Democratiques de
Liberation du Rwanda (FDLR), ex-FAR/Interahamwe and the dissident
militia of Laurent Nkunda, lay down their arms and engage voluntarily,
without delay or preconditions, in their demobilization repatriation,
resettlement and reintegration, stressing the need that those militias
and armed groups do not receive any support….By the text, MONUC was
invited to assist the Government in its efforts to bring to justice
those indicted by the International Criminal Tribunal for Rwanda and
the International Criminal Court, and to undertake a thorough review
of its efforts to prevent and responds to sexual violence…."
ii. "Building a State for the Congolese People," World Press, 3 Jan 2008
http://www.worldpress.org/Africa/3033.cfm

"….The government is working to strengthen its regular police forces.
But they are not yet able to guarantee public safety. All too often,
undisciplined police and soldiers themselves commit abuses….. In
theory, the Congo's courts are also supposed to uphold the law. But
like other aspects of the state, the judicial system has suffered from
years of decay. There is only one judge for every 30,000 people, most
are poorly paid, and the physical conditions of the courts are
decrepit. Trial proceedings are extremely slow and judgments often
seem arbitrary. Those with wealth or political connections are very
rarely brought to court.

In a country that has experienced so many war crimes over the past
decade, only a handful of high-level perpetrators have so far been
tried and sentenced by national courts (the International Criminal
Court in The Hague is also prosecuting some suspected war criminals).

In the words of Bruno Mbiango, the first president of the Supreme
Court, political pressures and monetary corruption have produced a
`deregulated justice, a perverted, dirty, degenerate justice.'

…Police and human rights activists in Bukavu, the provincial capital
of South Kivu, report that killings of suspected thieves, rapists and
other criminals occur almost weekly. Some are beaten to death, others
burned alive…."

VII. EDITORIAL

i. "War on Congo's women: Thousands of women are suffering horrific
abuse as fighting continues in Congo and the perpetrators go
unpunished" by Maryam Elahi for The Guardian, 25 Dec 2007
http://commentisfree.guardian.co.uk/maryam_elahi/2007/12/war_on_congos_women.html

"The violence in Congo is unspeakable. But if the horror of Congo's
recent wars - which have killed more people than any war since World
War II - is to end, the unspeakable must be spoken.

…Congo's government has undertaken no significant effort to bring
those responsible for these gender atrocities to justice; new laws
have paid lip service to sexual violence, but no one has been
prosecuted. The international community, too, has failed. The
International Criminal Court in The Hague, which is investigating the
crimes in eastern Congo, has only this week indicted the first
Congolese militia commander for gender-based crimes.

It is Secretary General Ban Ki-Moon's duty to speak up, to take a
leadership role, to bring this situation before the Security Council,
call for it to meet in a special session, and urge it to take
effective action immediately. Thousands more peacekeepers - let many
of them be women - must be deployed in the affected provinces.

The Chief Prosecutor of the ICC, Luis Ocampo Moreno, should be urged
to accelerate his investigations and, once the evidence is sufficient,
bring charges against those who have committed these crimes or failed
to discipline or prosecute the perpetrators…."

**********************************
CICC's policy on the referral and prosecution of situations before the
ICC:
The Coalition for the ICC is not an organ of the Court. The CICC is an
independent NGO movement dedicated to the establishment of the
International Criminal Court as a fair, effective, and independent
international organization. The Coalition will continue to provide the
most up-to-date information about the ICC and to help coordinate
global action to effectively implement the Rome Statute of the ICC.
The Coalition will also endeavor to respond to basic queries and to
raise awareness about the ICC's trigger mechanisms and procedures, as
they develop. The Coalition as a whole, and its secretariat, do not
endorse or promote specific investigations or prosecutions or take a
position on situations (potential and current), or situations under
analysis before the ICC. However, individual CICC members may endorse
referrals, provide legal and other support on investigations, or
develop partnerships with local and other organizations in the course
of their efforts.
Communications to the ICC can be sent to:
ICC
P.O. Box 19519
2500 CM The Hague
The Netherlands