News

DRC: ICC Hearing on Katanga; Lubanga Trial Summaries; Outreach in Bu

02 July 2009

Dear all,

Please find below information about recent developments related to the
International Criminal Court's investigation in the Democratic Republic of
Congo.

This message includes articles on the Katanga case (I); the Lubanga trial (II);
the latest CICC blog posting (III); an interview with ICC Registrar Silvana
Arbia (IV); opinion and analysis (V); and other developments (VI).

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,

CICC Secretariat
[email protected]

-------------------------------------

I. KATANGA CASE: ICC JUDGE FINDS TRIAL ADMISSIBLE

i. "Trial Chamber II dismisses the challenge to admissibility raised by the
Defence for Germain Katanga," ICC Press Release, 12 June 2009,
http://www.icc-cpi.int/NR/exeres/5B4D43FF-DBC6-446F-A840-E300270FA343.htm

"Today, 12 June 2009, in a public hearing, the Trial Chamber II of the
International Criminal Court (ICC) issued its unanimous oral decision which
rejects the challenge to admissibility raised by the Defense for Germain
Katanga. The reasons for the decision will be detailed in a written decision to
be made public at the beginning of next week.

Germain Katanga's defense argued that the case was inadmissible due to failure
to respect the principle of complementarity. The Counsel for the accused invoked
the existence of legal proceedings brought against him - partly for the same
crimes - before the courts in the Democratic Republic of the Congo (DRC).

The judges explained that the principle of complementarity requires the Court to
investigate and, where a warrant is needed, prosecute and try individuals only
if the concerned state is unable or, alternatively, genuinely unwilling to do
so. Presiding Judge Bruno Cotte indicated that the Chamber found a clear and
overt unwillingness on the part of the DRC to prosecute Mr Katanga. The Chamber
based its decision, in particular, on the facts that the DRC had referred the
situation in its territory to the Court because of its commitment to the fight
against impunity and because it never challenged the admissibility of the case.
The Chamber also mentioned that the DRC authorities stated to the Court that
they had not opened any investigation against Germain Katanga concerning the 24
February 2003 attack on Bogoro for which Mr Katanga is currently being
prosecuted before the ICC. At a public hearing held on 1 June 2009,
representatives of the DRC asked the Chamber to dismiss the motion challenging
admissibility.

Trial Chamber II also considered that the arrest warrant issued against Mr
Katanga on 2 July 2007 was not flawed."

See also:

a. "Decision on the challenge to admissibility raised by the Defence for Germain
Katanga will be delivered on 12 June 2009 in public hearing," ICC Press Release,
10 June 2009,
http://www.icc-cpi.int/menus/icc/press and media/press releases/ma41

b. "Congo warlord loses bid to block ICC trial,"AFP, 12 June 2009,
http://www.google.com/hostednews/afp/article/ALeqM5hs_sb6YiSvick2hftdLmA-Xic7Wg

ii. "Congo warlord loses bid to block war crimes trial," International Justice
Desk of Radio Netherlands, 14 June 2009,
http://www.rnw.nl/int-justice/article/congo-warlord-loses-bid-block-war-crimes-t
rial

"The International Criminal Court dismissed a bid by Democratic Republic of
Congo ex-militia chief Germain Katanga for his war crimes trial to be thrown
out. Judge Bruno Cotte on Friday dismissed Katanga's argument that the case was
inadmissible because legal proceedings had been brought against the former
warlord before courts in his home country. Katanga's lawyers had argued that the
Hague-based ICC could only intervene if national courts were unwilling or unable
to investigate and try war crimes suspects. But Cotte said that the court found
a clear and overt unwillingness on the part of the DRC to prosecute Katanga.
'The Democratic Republic of Congo has quite clearly decided to allow the court
to institute proceedings against Germain Katanga and to put Germain Katanga on
trial,' said Cotte. Cotte also mentioned that Kinshasa stated to the court that
it had not opened any investigation against Katanga concerning the 24 February
2003 attack on Bogoro for which he is currently being prosecuted before the
ICC..."

See Also:

"ICC rejects request from Germain Katanga" ("CPI : la requÍte de Germain Katanga
rejetÈe"), Radio Okapi, 12 June 2009,
http://www.radiookapi.net/index.php?i=53&l=0&c=0&a=23650&da=&hi=0&of=2&s=&m=2&k=
0&r=all&sc=0&id_a=0&ar=0&br=qst" (in French)

iii. "Interview with Paul Madidi concerning Katanga case," VOA News, 9 June
2009,
http://www.voanews.com/french/figleaf/mp3filegenerate.cfm?filepath=http://
www.voanews.com/mediaassets/french/2009_06/Audio/Mp3/french 
drc icc 02june09.Mp3" (in French)

"The International Criminal Court opened a public hearing to study the
admissibility of the charges against ex-Congolese rebel chef, Germain Katanga. A
Congolese government delegation is in The Hague where it must be heard by the
Court, a first in the history of this tribunal, which was created in 2002.

The Defense of Germain Katanga, accused of committing war crimes in Ituri,
appealed to the principal of complementarity to secure his liberation...."

[Translation is informal and is provided by the CICC Secretariat]

II. LUBANGA TRIAL

i. "Lubanga Trial: Raising public awareness of child soldiering in Bunia"("Bunia
: procËs Thomas Lubanga, la CPI en campagne d'information auprËs des ex-enfants
soldats"), Radio Okapi, 10 June 2009,
http://www.radiookapi.net/index.php?i=53&l=0&c=0&a=23618&da=&hi=0&of=15&s=&m=2&k
=0&r=all&sc=0&id_a=0&ar=0&br=qst (in French)

"Yesterday, in the PËres Blancs hall for the youth in Bunia, around 40
demobilized ex-soldiers gathered. They were girls and boys who as minors, served
in different army groups in Ituri at one point in time. They all watched closely
the image projection of Thomas Lubanga's trial. After seeing these images, they
participated in an information awareness debate with the ICC unit. Nicolas
Koyaku, director of this unit in Ituri, explains why the awareness campaign
exists: '26 June which is around the corner marks the International Day in
Support of Victims of Torture. We thought it would be occasion to raise
awareness among children of the danger concerning being enrolled in the rebel
ranks.'

Anneke Van Woudenberg, senior researcher for the Democratic Republic of Congo
(DRC) in Human Rights Watch's Africa division was among those present. At her
suggestion, the images projected were shown a second time against the backdrop
of the local dialects: ´ We followed this in French, but I was sure that there
were some kids in the room who did not understand French. So I encouraged the
ICC to consider swahili, lingala and perhaps kilendu.'

The campaign will take place throughout the month of June, in the 12 districts
of Bunia."

[Translation is informal and is provided by the CICC Secretariat]

ii. "Weekly Summary of Lubanga Trial," by Wairagala Wakabi, Lubanga Trial, 29
June 2009,
http://www.lubangatrial.org/2009/05/29/lubanga-trial-week-14-court-told-upc-recr
uited-kids-aged-five/

"Some recruits in the Union of Congolese Patriots (UPC) training camps were just
five years old, according to a witness in the continuing trial of accused
Congolese militia leader Thomas Lubanga.

The witness told judges at the International Criminal Court (ICC) in The Hague
that the UPC leadership thought such young recruits made good soldiers and spies

The witness said he saw children being trained at the Bunia headquarters of the
UPC, where Lubanga had his offices. When asked by ICC prosecuting attorney
Olivia Struyven to estimate the ages of the children being trained, the witness
said, 'From five right up to adult age.'..."

See lubangatrial.org for the latest updates on the trial of Thomas Lubanga Dyilo

III. LATEST CICC ("IN SITU") BLOG POST

"ICC Must Use Lubanga Trial to Raise Awareness and Concern about Child
Soldiers<http://coalitionfortheicc.org/blog/?p=279&langswitch_lang=en>," by Bukeni T.
Waruzi<http://coalitionfortheicc.org/blog/?author=45>, In Situ blog, 30 June 2009,
http://coalitionfortheicc.org/blog/

"The Lubanga trial in The Hague at the International Criminal Court (ICC) marks
a fundamental turning point for international justice in the fight against
impunity. The plight of child soldiers has been one of the serious concerns of
the international community.

In the DRC, the issue of child soldiers has a been central concern for the
Congolese government during the past decade. The first national law protecting
children has just been adopted by the parliament in June 2008.

The Lubanga trial evokes mixed feelings in the Congo among human rights
activists and local communities, including children. Many agree that the it is
an unprecedented step, but others point out that peace has not come yet.
It is clear that for many people, there's still a long way before they see peace
and feel security: militias are still operating across the eastern part of the
country, hundreds of children are reportedly recruited by armed groups despite
the fact that Lubanga is at the trial.

This is an indication that people should have realistic expectations; the clear
indicator of the impact of the Lubanga trial is the cessation of child
recruitment by any parties in conflict in the DRC. But why are children still at
risk of recruitment as child soldiers in the eastern DRC?
I think there are many reasons to explain this:
1. People still don't make the connection between Lubanga and the crimes with
which he's charged: the priority is given to security over justice. Children in
war zones being easy prey, they'll be at risk.
2. Lack of trust in the ICC to be an independent justice institution: People
still see the ICC as a western court, and Lubanga is being prosecuted as a
scapegoat-at least according to some communities in or from Ituri and even
outside Ituri.
3. The lack of domestic capacity to incorporate ICC crimes: although the DRC has
a law protecting children against any abuses, domestic institutions are still
too far behind to lead the fight against impunity.
4. The political climate is passive: there's still a mentality of acquiring
political power by military power.

Justifying the crimes for which Lubanga was arrested remains a hard sell for the
Court's outreach to local populations. The concept of a hierarchy of crimes
remains in people's minds. People still don't feel the impact of child
soldiering; in the Court's outreach, it should be made clear that the impact is
beyond the single child or his family. The duty to protect the child is not the
sole responsibility of just his family or community, it is a duty for all people
and institutions, and it is in that capacity that the ICC has the mandate.

The Lubanga trial should have given any child the hope that change is coming
into their life. Human rights activists would agree that the Lubanga trial is
the result of the engagement of the international community to hear the voices
of the voiceless in the call for justice, but also we can agree that there's a
long way to go to achieve peace.
For the children, I think they would agree also that the International Criminal
Court has given them the opportunity to use the power of their story, the power
of their testimony, their experience to demand and obtain justice.
This is not yet concrete but in the few weeks or months ahead, this may well
become a reality.

Bukeni T. Waruzi is a filmmaker and expert on child soldiers with WITNESS where
he is Program Coordinator for Africa and the Middle East."

Watch the documentary video "The Lubanga Trial at the ICC" co-produced by Open
Society's Justice Initiative and WITNESS to inform the public about the trial by
visiting http://coalitionfortheicc.org/?mod=drctimelinelubanga&idudctp=2&order=titleasc#2

See Also:

"Battling Impunity in the DRC" - by Delly MAWAZO SESETE (Executive director of
the Centre of Research on the Environment, Democracy, and Human Rights (CREDDHO)
in the DRC), 27 May 2009, http://coalitionfortheicc.org/blog/?cat=1&langswitch_lang=fr

IV. INTERVIEW WITH ICC REGISTRAR SYLVANA ARBIA

"Face � la Justice," IWPR, 27 May 2009,
http://www.iwpr.net/?p=afj&s=p&o=-&apc_state=henpacr (in French, Lingala and
Swahili)

"In this 15th edition of 'Facing Justice,' we met with Sylvana Arbia, the
Court's Registrar, who comes to the DRC for a second visit since her nomination
in 2008 (13 min)

Among many topics, Ms. Arbia spoke with us on the state of relations between the
ICC and the Congolese government, especially in what was regarding the fate of
Bosco Ntaganda, the new leader of the rebel movement, the National Council for
the defense of the people, CNDP, who is waiting on an arrest warrant for crimes
that he might have committed as military commander of the Iturian militia, the
Congolese Union of Patriots."

V. OPINION/ANALYSIS

i. "Will Nkunda Face Justice?" by EugËne Bakama Bope, (IWPR), 26 May 2009,
http://www.iwpr.net/?apc_state=hfrfacr352802&l=en&s=f&o=352972

"The former Congolese rebel leader Laurent Nkunda has been in custody for more
than 100 days now in Gisenyi, Rwanda. Meanwhile, his family and lawyers say they
have had no contact with him since his arrest on Rwandan soil on January 22. The
question that is preoccupying Congolese is whether Nkunda will actually be tried
and if so by whom? Congo wants to put him on trial at home and has made a formal
extradition request to the Rwandan authorities, but several obstacles remain
before that could happen... another possibility is the International Criminal
Court, ICC. Congolese want to see Nkunda held accountable for his crimes. If
there are difficulties on the national level, an international court could
prosecute him. However, the path of international justice has not always been a
smooth one in Congo. The paradox in this case is that on the one hand the
Congolese government is struggling to obtain Nkunda's extradition in the name of
the fight against impunity and on the other hand it refuses to implement the
arrest warrant issued by the ICC against Bosco Ntaganda.

...As things stand, it is impossible to say if Nkunda will be tried in Congo or
elsewhere. It seems only Rwanda can answer this question."

ii. "Amnesty, less costly than the blood of victims from the east" ("Amnistier,
moins cher que le sang des victimes de l'Est") by Blaise B. Mantoto (blog), 4
June 2009, http://udpsliege.afrikblog.com/archives/2009/06/04/13960735.html (in
French)

"On Joseph Kabila's desk is an amnesty law waiting to be put into effect by
formal public announcement. This law drew strong opposition that even led to a
walk-out from the auditorium during the voting session. It has, shall we say,
shamefully given a pass to war criminals and others accused of human rights
violations in the country...."

[Translation is informal and is provided by the CICC Secretariat]

VI. OTHER DEVELOPMENTS

i. "Human rights defenders in DR Congo under threat, says UN expert", UN News
Centre, 3 June 2009,
http://www.un.org/apps/news/story.asNewsID=31011&Cr=democratic&Cr1=congo

"...[Margaret Sekaggya]congratulated the political willingness of the government
to build a democratic society and to pay tribute to human rights defenders for
their courage. 'The first worry that was expressed concerned the stigmatization
which they are the object of, built up by the authorities and by non-state
actors who considers them 'enemies' or 'opponents' taking place just as much in
the capital as in the provinces,' she said. 'This erroneous conception feeds the
mistrust and suspicion, and becomes the principal source of insecurity for the
defenders. The defenders are particularly exposed to the menace and aggression
when they support the victims of grave violations such as sexual violence, when
they fight against impunity and express their support for the International
Criminal Court (ICC) and once they denounce the illegal exploitation of natural
resources. The defenders are also victims of judicial harassment when they
denounce the human rights violations'..."

ii. "DR Congo: Hold Army to Account for War Crimes," Human Rights Watch, 19 May
2009,
http://www.hrw.org/en/news/2009/05/19/dr-congo-hold-army-account-war-crimes

"The United Nations Security Council, visiting the Democratic Republic of Congo
today, should vigorously condemn war crimes by Congolese army soldiers in the
eastern part of the country, Human Rights Watch said. Human Rights Watch urged
the Security Council to condition UN support for Congolese military operations
on the removal of known human rights abusers from command positions..."

See also:

"MJPC Joined HRW in Calling to hold the Congolese Army Accountable for War
Crimes," Press Release, 11 June 2009,
http://campaign.constantcontact.com/render?v=001AsvORrcKDdKPNM04iXipVCH0qV_7S_Da
GlSMaugTheukdzNySLPbUHxtCEWPFAC_26iJJ0hh_Nmj032mDGD_6IKjd8h54KaFb4pxWPCEdeI=

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

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The Coalition will continue to provide the most up-to-date information about the
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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
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News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		DRC: ICC Hearing on Katanga; Lubanga Trial Summaries; Outreach in Bu 02 July 2009 Dear all, Please find below information about recent developments related to the International Criminal Court's investigation in the Democratic Republic of Congo. This message includes articles on the Katanga case (I); the Lubanga trial (II); the latest CICC blog posting (III); an interview with ICC Registrar Silvana Arbia (IV); opinion and analysis (V); and other developments (VI). 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, CICC Secretariat [email protected] ------------------------------------- I. KATANGA CASE: ICC JUDGE FINDS TRIAL ADMISSIBLE i. "Trial Chamber II dismisses the challenge to admissibility raised by the Defence for Germain Katanga," ICC Press Release, 12 June 2009, http://www.icc-cpi.int/NR/exeres/5B4D43FF-DBC6-446F-A840-E300270FA343.htm "Today, 12 June 2009, in a public hearing, the Trial Chamber II of the International Criminal Court (ICC) issued its unanimous oral decision which rejects the challenge to admissibility raised by the Defense for Germain Katanga. The reasons for the decision will be detailed in a written decision to be made public at the beginning of next week. Germain Katanga's defense argued that the case was inadmissible due to failure to respect the principle of complementarity. The Counsel for the accused invoked the existence of legal proceedings brought against him - partly for the same crimes - before the courts in the Democratic Republic of the Congo (DRC). The judges explained that the principle of complementarity requires the Court to investigate and, where a warrant is needed, prosecute and try individuals only if the concerned state is unable or, alternatively, genuinely unwilling to do so. Presiding Judge Bruno Cotte indicated that the Chamber found a clear and overt unwillingness on the part of the DRC to prosecute Mr Katanga. The Chamber based its decision, in particular, on the facts that the DRC had referred the situation in its territory to the Court because of its commitment to the fight against impunity and because it never challenged the admissibility of the case. The Chamber also mentioned that the DRC authorities stated to the Court that they had not opened any investigation against Germain Katanga concerning the 24 February 2003 attack on Bogoro for which Mr Katanga is currently being prosecuted before the ICC. At a public hearing held on 1 June 2009, representatives of the DRC asked the Chamber to dismiss the motion challenging admissibility. Trial Chamber II also considered that the arrest warrant issued against Mr Katanga on 2 July 2007 was not flawed." See also: a. "Decision on the challenge to admissibility raised by the Defence for Germain Katanga will be delivered on 12 June 2009 in public hearing," ICC Press Release, 10 June 2009, http://www.icc-cpi.int/menus/icc/press and media/press releases/ma41 b. "Congo warlord loses bid to block ICC trial,"AFP, 12 June 2009, http://www.google.com/hostednews/afp/article/ALeqM5hs_sb6YiSvick2hftdLmA-Xic7Wg ii. "Congo warlord loses bid to block war crimes trial," International Justice Desk of Radio Netherlands, 14 June 2009, http://www.rnw.nl/int-justice/article/congo-warlord-loses-bid-block-war-crimes-t rial "The International Criminal Court dismissed a bid by Democratic Republic of Congo ex-militia chief Germain Katanga for his war crimes trial to be thrown out. Judge Bruno Cotte on Friday dismissed Katanga's argument that the case was inadmissible because legal proceedings had been brought against the former warlord before courts in his home country. Katanga's lawyers had argued that the Hague-based ICC could only intervene if national courts were unwilling or unable to investigate and try war crimes suspects. But Cotte said that the court found a clear and overt unwillingness on the part of the DRC to prosecute Katanga. 'The Democratic Republic of Congo has quite clearly decided to allow the court to institute proceedings against Germain Katanga and to put Germain Katanga on trial,' said Cotte. Cotte also mentioned that Kinshasa stated to the court that it had not opened any investigation against Katanga concerning the 24 February 2003 attack on Bogoro for which he is currently being prosecuted before the ICC..." See Also: "ICC rejects request from Germain Katanga" ("CPI : la requÍte de Germain Katanga rejetÈe"), Radio Okapi, 12 June 2009, http://www.radiookapi.net/index.php?i=53&l=0&c=0&a=23650&da=&hi=0&of=2&s=&m=2&k= 0&r=all&sc=0&id_a=0&ar=0&br=qst" (in French) iii. "Interview with Paul Madidi concerning Katanga case," VOA News, 9 June 2009, http://www.voanews.com/french/figleaf/mp3filegenerate.cfm?filepath=http:// www.voanews.com/mediaassets/french/2009_06/Audio/Mp3/french drc icc 02june09.Mp3" (in French) "The International Criminal Court opened a public hearing to study the admissibility of the charges against ex-Congolese rebel chef, Germain Katanga. A Congolese government delegation is in The Hague where it must be heard by the Court, a first in the history of this tribunal, which was created in 2002. The Defense of Germain Katanga, accused of committing war crimes in Ituri, appealed to the principal of complementarity to secure his liberation...." [Translation is informal and is provided by the CICC Secretariat] II. LUBANGA TRIAL i. "Lubanga Trial: Raising public awareness of child soldiering in Bunia"("Bunia : procËs Thomas Lubanga, la CPI en campagne d'information auprËs des ex-enfants soldats"), Radio Okapi, 10 June 2009, http://www.radiookapi.net/index.php?i=53&l=0&c=0&a=23618&da=&hi=0&of=15&s=&m=2&k =0&r=all&sc=0&id_a=0&ar=0&br=qst (in French) "Yesterday, in the PËres Blancs hall for the youth in Bunia, around 40 demobilized ex-soldiers gathered. They were girls and boys who as minors, served in different army groups in Ituri at one point in time. They all watched closely the image projection of Thomas Lubanga's trial. After seeing these images, they participated in an information awareness debate with the ICC unit. Nicolas Koyaku, director of this unit in Ituri, explains why the awareness campaign exists: '26 June which is around the corner marks the International Day in Support of Victims of Torture. We thought it would be occasion to raise awareness among children of the danger concerning being enrolled in the rebel ranks.' Anneke Van Woudenberg, senior researcher for the Democratic Republic of Congo (DRC) in Human Rights Watch's Africa division was among those present. At her suggestion, the images projected were shown a second time against the backdrop of the local dialects: ´ We followed this in French, but I was sure that there were some kids in the room who did not understand French. So I encouraged the ICC to consider swahili, lingala and perhaps kilendu.' The campaign will take place throughout the month of June, in the 12 districts of Bunia." [Translation is informal and is provided by the CICC Secretariat] ii. "Weekly Summary of Lubanga Trial," by Wairagala Wakabi, Lubanga Trial, 29 June 2009, http://www.lubangatrial.org/2009/05/29/lubanga-trial-week-14-court-told-upc-recr uited-kids-aged-five/ "Some recruits in the Union of Congolese Patriots (UPC) training camps were just five years old, according to a witness in the continuing trial of accused Congolese militia leader Thomas Lubanga. The witness told judges at the International Criminal Court (ICC) in The Hague that the UPC leadership thought such young recruits made good soldiers and spies The witness said he saw children being trained at the Bunia headquarters of the UPC, where Lubanga had his offices. When asked by ICC prosecuting attorney Olivia Struyven to estimate the ages of the children being trained, the witness said, 'From five right up to adult age.'..." See lubangatrial.org for the latest updates on the trial of Thomas Lubanga Dyilo III. LATEST CICC ("IN SITU") BLOG POST "ICC Must Use Lubanga Trial to Raise Awareness and Concern about Child Soldiers<http://coalitionfortheicc.org/blog/?p=279&langswitch_lang=en>," by Bukeni T. Waruzi<http://coalitionfortheicc.org/blog/?author=45>, In Situ blog, 30 June 2009, http://coalitionfortheicc.org/blog/ "The Lubanga trial in The Hague at the International Criminal Court (ICC) marks a fundamental turning point for international justice in the fight against impunity. The plight of child soldiers has been one of the serious concerns of the international community. In the DRC, the issue of child soldiers has a been central concern for the Congolese government during the past decade. The first national law protecting children has just been adopted by the parliament in June 2008. The Lubanga trial evokes mixed feelings in the Congo among human rights activists and local communities, including children. Many agree that the it is an unprecedented step, but others point out that peace has not come yet. It is clear that for many people, there's still a long way before they see peace and feel security: militias are still operating across the eastern part of the country, hundreds of children are reportedly recruited by armed groups despite the fact that Lubanga is at the trial. This is an indication that people should have realistic expectations; the clear indicator of the impact of the Lubanga trial is the cessation of child recruitment by any parties in conflict in the DRC. But why are children still at risk of recruitment as child soldiers in the eastern DRC? I think there are many reasons to explain this: 1. People still don't make the connection between Lubanga and the crimes with which he's charged: the priority is given to security over justice. Children in war zones being easy prey, they'll be at risk. 2. Lack of trust in the ICC to be an independent justice institution: People still see the ICC as a western court, and Lubanga is being prosecuted as a scapegoat-at least according to some communities in or from Ituri and even outside Ituri. 3. The lack of domestic capacity to incorporate ICC crimes: although the DRC has a law protecting children against any abuses, domestic institutions are still too far behind to lead the fight against impunity. 4. The political climate is passive: there's still a mentality of acquiring political power by military power. Justifying the crimes for which Lubanga was arrested remains a hard sell for the Court's outreach to local populations. The concept of a hierarchy of crimes remains in people's minds. People still don't feel the impact of child soldiering; in the Court's outreach, it should be made clear that the impact is beyond the single child or his family. The duty to protect the child is not the sole responsibility of just his family or community, it is a duty for all people and institutions, and it is in that capacity that the ICC has the mandate. The Lubanga trial should have given any child the hope that change is coming into their life. Human rights activists would agree that the Lubanga trial is the result of the engagement of the international community to hear the voices of the voiceless in the call for justice, but also we can agree that there's a long way to go to achieve peace. For the children, I think they would agree also that the International Criminal Court has given them the opportunity to use the power of their story, the power of their testimony, their experience to demand and obtain justice. This is not yet concrete but in the few weeks or months ahead, this may well become a reality. Bukeni T. Waruzi is a filmmaker and expert on child soldiers with WITNESS where he is Program Coordinator for Africa and the Middle East." Watch the documentary video "The Lubanga Trial at the ICC" co-produced by Open Society's Justice Initiative and WITNESS to inform the public about the trial by visiting http://coalitionfortheicc.org/?mod=drctimelinelubanga&idudctp=2&order=titleasc#2 See Also: "Battling Impunity in the DRC" - by Delly MAWAZO SESETE (Executive director of the Centre of Research on the Environment, Democracy, and Human Rights (CREDDHO) in the DRC), 27 May 2009, http://coalitionfortheicc.org/blog/?cat=1&langswitch_lang=fr IV. INTERVIEW WITH ICC REGISTRAR SYLVANA ARBIA "Face � la Justice," IWPR, 27 May 2009, http://www.iwpr.net/?p=afj&s=p&o=-&apc_state=henpacr (in French, Lingala and Swahili) "In this 15th edition of 'Facing Justice,' we met with Sylvana Arbia, the Court's Registrar, who comes to the DRC for a second visit since her nomination in 2008 (13 min) Among many topics, Ms. Arbia spoke with us on the state of relations between the ICC and the Congolese government, especially in what was regarding the fate of Bosco Ntaganda, the new leader of the rebel movement, the National Council for the defense of the people, CNDP, who is waiting on an arrest warrant for crimes that he might have committed as military commander of the Iturian militia, the Congolese Union of Patriots." V. OPINION/ANALYSIS i. "Will Nkunda Face Justice?" by EugËne Bakama Bope, (IWPR), 26 May 2009, http://www.iwpr.net/?apc_state=hfrfacr352802&l=en&s=f&o=352972 "The former Congolese rebel leader Laurent Nkunda has been in custody for more than 100 days now in Gisenyi, Rwanda. Meanwhile, his family and lawyers say they have had no contact with him since his arrest on Rwandan soil on January 22. The question that is preoccupying Congolese is whether Nkunda will actually be tried and if so by whom? Congo wants to put him on trial at home and has made a formal extradition request to the Rwandan authorities, but several obstacles remain before that could happen... another possibility is the International Criminal Court, ICC. Congolese want to see Nkunda held accountable for his crimes. If there are difficulties on the national level, an international court could prosecute him. However, the path of international justice has not always been a smooth one in Congo. The paradox in this case is that on the one hand the Congolese government is struggling to obtain Nkunda's extradition in the name of the fight against impunity and on the other hand it refuses to implement the arrest warrant issued by the ICC against Bosco Ntaganda. ...As things stand, it is impossible to say if Nkunda will be tried in Congo or elsewhere. It seems only Rwanda can answer this question." ii. "Amnesty, less costly than the blood of victims from the east" ("Amnistier, moins cher que le sang des victimes de l'Est") by Blaise B. Mantoto (blog), 4 June 2009, http://udpsliege.afrikblog.com/archives/2009/06/04/13960735.html (in French) "On Joseph Kabila's desk is an amnesty law waiting to be put into effect by formal public announcement. This law drew strong opposition that even led to a walk-out from the auditorium during the voting session. It has, shall we say, shamefully given a pass to war criminals and others accused of human rights violations in the country...." [Translation is informal and is provided by the CICC Secretariat] VI. OTHER DEVELOPMENTS i. "Human rights defenders in DR Congo under threat, says UN expert", UN News Centre, 3 June 2009, http://www.un.org/apps/news/story.asNewsID=31011&Cr=democratic&Cr1=congo "...[Margaret Sekaggya]congratulated the political willingness of the government to build a democratic society and to pay tribute to human rights defenders for their courage. 'The first worry that was expressed concerned the stigmatization which they are the object of, built up by the authorities and by non-state actors who considers them 'enemies' or 'opponents' taking place just as much in the capital as in the provinces,' she said. 'This erroneous conception feeds the mistrust and suspicion, and becomes the principal source of insecurity for the defenders. The defenders are particularly exposed to the menace and aggression when they support the victims of grave violations such as sexual violence, when they fight against impunity and express their support for the International Criminal Court (ICC) and once they denounce the illegal exploitation of natural resources. The defenders are also victims of judicial harassment when they denounce the human rights violations'..." ii. "DR Congo: Hold Army to Account for War Crimes," Human Rights Watch, 19 May 2009, http://www.hrw.org/en/news/2009/05/19/dr-congo-hold-army-account-war-crimes "The United Nations Security Council, visiting the Democratic Republic of Congo today, should vigorously condemn war crimes by Congolese army soldiers in the eastern part of the country, Human Rights Watch said. Human Rights Watch urged the Security Council to condition UN support for Congolese military operations on the removal of known human rights abusers from command positions..." See also: "MJPC Joined HRW in Calling to hold the Congolese Army Accountable for War Crimes," Press Release, 11 June 2009, http://campaign.constantcontact.com/render?v=001AsvORrcKDdKPNM04iXipVCH0qV_7S_Da GlSMaugTheukdzNySLPbUHxtCEWPFAC_26iJJ0hh_Nmj032mDGD_6IKjd8h54KaFb4pxWPCEdeI= ************************** 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 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.