Follow Us:

DRC: More Member Statements on Third DRC Case; UK, Belgium on State Cooperation

08 Feb 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 contains additional member media statements regarding the
Court's third case in the Democratic Republic of Congo (DRC) with the
arrest and transfer of Mathieu Ngudjolo Chui to The Hague yesterday;
statements from the UK and Belgium Foreign Ministries underscoring
state cooperation; media coverage in the popular press including
statements made at the ICC Registrar's press conference at the UN
yesterday and news of an upcoming meeting on the acts of engagement
signed by all parties at the Kivu peace conference.

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.

I. MEMBERS' MEDIA STATMENTS

i. "Communiqué: Democratic Republic of Congo: JPDH applauds the
transfer of former military leader to the ICC," Journalists for the
Promotion and Protection of Humans Rights (JPDH), 8 February 2008,
(link unavailable)

"Journalists for the Promotion and Protection of Humans Rights (JPDH),
an independent, nonpartisan organization fighting against impunity and
a member of the Coalition for the International Criminal Court (ICC,
applauds the handover following the transfer on Thursday February 07,
2008 of Mathieu NGUDJOLO, alleged leader of the Front des
nationalistes et intégrationnistes (FNI), to the ICC in The Hague.

JPDH is delighted by the determination of the ICC to contribute to the
fight against impunity in the Democratic Republic of Congo (DRC) with
the full collaboration of Congolese authorities.

Moreover, JPDH wishes that the ICC Prosecutor will pursue allegations
of crimes in East Kivu, as it had declared during the 6th session of
Assembly of State Parties on 14 November 2007 in New York.

JPDH believes that upon considering the analysis of allegations, the
prosecutor will not delay to launch investigations in this part of the
country and to pursue alleged perpetrators.

Signed in Kinshasa on 8 February 2008 by Journalists for the Promotion
& Protection of Humans Rights (JPDH)"

(Translation is unofficial and provided by the CICC Secretariat)

ii. "Mathieu Ngudjolo Chui arrested by the International Criminal
Court (ICC):
the ICC Prosecutor must extend his investigations International
Federation for Human Rights (FIDH)," Joint Press Release by
Association Africaine des droits de l'Homme (ASADHO),
Ligue des électeurs and Groupe Lotus, 8 February 2008, (link unavailable)

"FIDH and its three member organisations in the Democratic Republic of
Congo (DRC), Association Africaine des droits de l'Homme (ASADHO),
Ligue des électeurs and Groupe Lotus, welcome the arrest and surrender
of Mathieu Ngudjolo Chui to the International Criminal Court. Mr.
Ngudjolo is the third suspect arrested in the framework of the
investigation that the ICC Prosecutor has been conducting in the DRC
since June 2004.
Mr. Ngudjolo, alleged former leader of the Nationalist Integrationist
Front (Front des nationalistes et intégrationnistes – FNI) and current
Colonel of the National Army of the DRC (Forces armées de la RDC –
FARDC), is charged with war crimes and crimes against humanity,
perpetrated during an attack directed against the village of Bogoro,
Ituri, in February 2003.

Germain Katanga, alleged leader of the Front for Patriotic Resistance
of Ituri (Force de resistance patriotique en Ituri – FRPI), a militia
which allegedly acted jointly with the FNI to undertake that attack,
with the aim of `wiping out' Bogoro, had already been surrendered to
the ICC, in October 2007, upon the same charges.

FIDH and its member organizations in the DRC welcome the transfer of
two alleged leaders of militia groups which were allegedly involved in
the perpetration of serious crimes in Bogoro.

Nevertheless, our organisations continue to regret the limited nature
of the investigations conducted by the Prosecutor in the DRC. The
arrest warrants issued against Mr. Ngudjolo Chui and Mr. Katanga
include one single attack, the one in Bogoro, while the FNI and the
FRPI undertook numerous attacks targeting the civilian population and
leaving thousands of victims. Similarly, Thomas Lubanga Dyilo, Chief
of the Union of Congolese Patriots (Union des Patriotes Congolais –
UPC), another militia operating in Ituri, is tried for the single
count of enlisting, conscripting and using child soldiers.

`As a consequence of the ICC Office of the Prosecutor's restrictive
prosecutorial policy, many numerous crimes will remain unpunished,
thus depriving thousands of victims of any form of truth, justice and
reparation for the crimes they have suffered. In addition, this policy
would give the impression of a form of international justice 'à la
carte', declared Souhayr Belhassen, President of FIDH.

Therefore, FIDH and its member organizations in the DRC call for the
extension of the investigations of the ICC, which should target as
well those who backed and financed the militia groups operating in
Ituri. Our organizations also call upon the Court to open
investigations into other regions of the DRC, where the most serious
crimes have been committed, in particular gender-based crimes. The
organizations encourage the Prosecutor to carry on in this sense its
analysis of the situation in the Kivus.

FIDH and its member organisations welcome the cooperation of the DRC
and Belgium, in the execution of the arrest warrant. The organisations
call upon all States to respect the international obligations they
have assumed to cooperate with the Court, and in particular to
facilitate the execution of the arrest warrants issued by the Court
against those allegedly responsible for war crimes and crimes against
humanity in Uganda and Sudan.

Finally, the organisations insist on the importance to adopt
legislation in order to implement the Rome Statute into Congolese law."

II. UK, BELGIUM ISSUE STATEMENTS ON THIRD CASE IN DRC

i. "Democratic Republic of Congo: Mathieu Ngudjolo Chui Arrested,"
Foreign and Commonwealth Office Statement, 7 February 2008
http://appablog.wordpress.com/2008/02/07/democratic-republic-of-congo-mathieu-ng
udjolo-chui-arrested/
"FCO Minister, Lord Malloch-Brown, commenting on the arrest of Mathieu
Ngudjolo Chui, on Thursday 7 February:
`I welcome the news that the International Criminal Court has today
taken into custody Mathieu Ngudjolo Chui…His arrest underlines the
important role the Court is now playing in the international
community's effort to combat impunity for crimes against humanity and
war crimes.
`I welcome the role that the DRC authorities played in arranging the
transfer of Ngudjolo to the Hague and look forward to their continued
commitment to ensuring accountability for those who commit serious crimes.
`There are other individuals at large wanted by the ICC, including in
relation to the ICC's investigations in Darfur and Uganda. I urge all
States to co-operate with the Court to ensure that these individuals
are brought to justice as soon as possible.'
ii. "Transfer of the former warlord Mathieu Ngudjolo to the Hague,"
Ministry of Foreign Affairs of Belgium, 7 February 2008,
www.diplomatie.be/fr/press/homedetails.asp?TEXTID=84793

"The Minister De Gucht confirms that Belgium, thanks to an effective
collaboration between all the authorities concerned (Foreign Affairs,
Defense and Justice), contributed in the transfer of Mathieu Ngudjolo
from Kinshasa to The Hague. This was done in response to a request
for judicial assistance formulated by the Clerk of the International
Criminal Court. Belgium and the International Criminal Court have a
bilateral agreement concerning the transport of prisoners since 2 May
2007.

" …`This cooperation with the ICC fits completely with the consistent
policy that Belgium carries out regarding the fight against impunity,'
indicates the Minister who is delighted by this second extradition of
an Ituri warlord after that of Germain Katanga. `It is only by the
equitable judgment of all those who commit war crimes or crimes
against humanity that a new climate of justice will be able to take
root. Impunity must be fought if we want the population to regain
confidence in the Rule of Law,' declares the Minister as he
congratulates the Congolese government for its cooperation with the
International Criminal Court.

… `However, there still remains a long way to go,' insists the
Minister. `We continue to identify victims of barbaric violence on a
daily basis. The recent Peace Conference in Goma raises hopes and
could help to change the course of things, but it should be clearly
stated that this cannot be done to the detriment of the execution of
justice towards war crimes and crimes against Humanity.'

(Translation is unofficial and provided by the CICC Secretariat)
III. NEWS COVERAGE
i. "Congolese rebel leader transferred to International Criminal
Court," 7 February 2008,
http://www.un.org/apps/news/story.asp?NewsID=25546&Cr=democratic&Cr1=congo

"…`With the arrest of Mathieu Ngudjolo Chui, we have completed the
first phase of our DRC investigation focusing on the horrific crimes
committed by leaders of armed groups active in Ituri since July 2002,'
said the Court's Deputy Prosecutor, Fatou Bensouda.

Mr. Ngudjolo's initial Court appearance is scheduled for 11 February,
and a trial date will be determined later. He is the third Congolese
national in the custody of the ICC, after Thomas Lubanga Dyilo and
Germain Katanga.

ICC Registrar Bruno Cathala thanked the Government for its help,
highlighting the fact that this is the first time that the Congolese
authorities, upon the request of the Court, physically arrested someone.

`His arrest and surrender were made possible through the cooperation
of the Congolese authorities,' he told reporters in New York…"
ii. "One Congo Warlord Arrested, Others Off the Hook, in Uganda and
Sudan, ICC Silent on Kenya," Matthew Russell Lee (Inner City Press), 7
February 2008, http://www.innercitypress.com/icc1ituri020708.html
"The International Criminal Court's registrar Bruno Catala spoke at
the UN on Thursday, bragging about the ICC's arrest of Congolese
warlord Mathieu Ngudjolo Chui, identified as a former leader of the
National integrationist Front (FNI), for war crimes.
Inner City Press asked Catala why it took the ICC eight months from
indictment until arrest, if the delay involved any negotiations with
the Congolese government. Catala responded that the ICC does not
negotiate. He responded similarly when asked about the immunity deal
given to rebel general Laurent Nkunda in the Kivus in the DR Congo….
Catala quoted the ICC's deputy prosecutor Fatou Bensouda that the
ICC's phase of investigation in Ituri is now over, and it will turn
its attention to the Kivus. But Ngudjolo's co-warlord Peter Karim is
still in the Congolese Army…..
Catala said the ICC cannot confirm that Lord's Resistance Army
indictee Vincent Otti is dead, even though that has been confirmed by
South Sudan's Riek Machar.…"
To view the 18mn video webcast of this press conference with ICC
Registrar, Bruno Catala, on the arrest and transfer to The Hague of a
new suspect in the DRC, visit: http://www.coalitionfortheicc.org/?mod=registrar
iii. "Congo: 3rd Ex-Warlord Sent to U.N. Court," by Marlise Simons
(New York Times: World Briefing/Africa), 8 February 2008,
http://www.nytimes.com/2008/02/08/world/africa/08briefs-congo.html?ref=world
"Congo has arrested an army colonel and former militia leader, Mathieu
Ngudjolo…He faces numerous war crimes charges, including murder,
sexual slavery and the forced conscription of children in the eastern
region of Ituri in 2003. He is the third militia leader Congo has sent
to the court and the first arrested while an active military officer."
See also related articles in the Spanish press:

"Antiguo líder milicia congolesa transferido a la Corte Penal
Internacional," (Former militia leader of Congo transferred to the
International Criminal Court), EFE (via Terra-Spain) 7 Feb 2008
http://actualidad.terra.es/nacional/articulo/antiguo_corte_penal_internacion
al_2234151.htm

"Ex líder congoleño llegó a La Haya," (Former congolese leader arrived
in The Hague), La Prensa (Panama), 7 Feb 2008
http://www.prensa.com/hoy/mundo/1258045.html

See also related articles in the German press:
"Dritter Häftling aus dem Kongo für Den Haag Milizenführer Ngudjolo
aus Ituri ist verhaftet und an den Internationalen Strafgerichtshof
ausgeliefert worden," 8 February 2008,
www.taz.de/nc/1/archiv/print-archiv/printressorts/digi-artikel/?ressort=au&dig=2
008/02/08/a0145&src=GI&cHash=e95f16296e

iv. "Une méga réunion sur l'Acte d'engagement se tiendra le 14 février
2008 à Goma," by Jean Willy Bondjala Bo Sisimi (Africa Time), 8
February 2008,
http://www.africatime.com/rdc/nouvelle.asp?no_nouvelle=379989&no_categorie=
(in French)

This DRC press article explains that a meeting on the acts of
engagement signed by all parties at the Kivu peace conference will be
held on 14 February in Goma. The focus will be on peace agreement
implementation, the establishment of civil and military tribunals in
Goma and the activation of the ICC's work in the region.

v. Numerous blogs posted messages on the news of the third case in the
DRC situation, including the Washington, D.C.-based "Outside the Beltway"
(see
http://news.outsidethebeltway.com/2008/02/congo-ex-warlord-detained-at-hague-cou
rt/)
and the International Law Reporter (see
http://ilreports.blogspot.com/2008/02/icc-arrest-and-surrender-of-mathieu.html)


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