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DRC: DRC Coalition for the ICC in the News; ICC Outreach in Universities in DRC; Updates on Lubanga Trial; Other developments

07 May 2010

Dear all,

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

This message includes media articles related to the DRC Coalition for the ICC (I); a press release by the ICC (II); latest updates on the Lubanga trial (III); and other related developments, including articles on sexual violence in the DRC (IV).

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.

Also, note that translations are unofficial translations provided by the CICC Secretariat.

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. DRC COALITION FOR THE ICC IN THE NEWS

i. "The DRC Coalition for the ICC holds its second national congress," (« La Coalition national[e] pour la Cour Pénale Internationale organise le 2ème congrès national ») by Désiré Israël Kazadi (le Phare - RDC), 14 April 2010 http://www.digitalcongo.net/article/66137 (in French)

"The second national congress of the DRC Coalition for the ICC (CN-CPI) will be held on Saturday 17 April, in Theresianum, in the city of Kinshasa. The NGO will organize, among other, the election of a new national board."

ii. "ICC: Statute to be reviewed," (« CPI : statut bientôt « revu et corrigé » à Kampala ») by Désiré Israël Kazadi (Le Phare - RDC), 24 March 2010 http://www.lephareonline.net/lephare/index.php?option=com_content&view=article&id=664:cpi-statut-bientot-l-revu-et-corrige-r-a-kampala&catid=44:rokstories&Itemid=106 (in French)

"Yesterday, Tuesday 23 March, the coordinator of the Coalition for the International Criminal Court let the media know that there will soon be a review conference of the Rome Statute of the International Criminal Court (ICC).

Christian Hemedi said that, distinct from the annual Assembly of States Parties (ASP), this meeting, the first of its kind since the establishment of the ICC, will give states the opportunity "to consider amendments to the Rome Statute and to take stock of its implementation and impact. ."

iii. "Impunity: The Coalition for the ICC is putting more and more pressure on the National Assembly," (« Impunité : la Coalition pour la CPI fait monter la pression à l'Assemblée Nationale ») by Désiré Israël Kazadi (Le Phare -RDC), 22 April 2010 http://www.lephareonline.net/lephare/index.php?option=com_content&view=article&id=974:impunite-la-coalition-pour-la-cpi-fait-monter-la-pression-a-lassemblee-nationale&catid=44:rokstories&Itemid=106 (in French)

"The national Coalition for the International Criminal Court in the Democratic Republic of Congo (CN-CPI/RDC) will soon be launching a memorandum addressed to the Congolese Parliament and calling them to review and adopt the Rome Statute of the ICC implementation bill which was presented to the National Assembly in March 2008. .

The adoption of this bill (called complementarity bill) will grant national courts the jurisdiction over war crimes, crimes against humanity and genocide. ."

II. ICC PRESS RELEASE

i. "The Field Outreach Unit is organizing classes about the International Criminal Court in universities in the DRC," (« L'Unité de la sensibilisation anime des cours sur la Cour pénale internationale dans les universités de la RDC »), ICC Press release, 29 April 2010, http://www.icc-cpi.int/menus/icc/press and media/press releases/pr519 (in French)

NB: This document has been produced by the ICC. The CICC Secretariat distributes it as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The document does not reflect the views of the CICC as a whole or its individual members.

"In the framework of its outreach programme in universities, the International Criminal Court Field Outreach Unit spoke in numerous Congolese universities - University of Lubumbashi, Catholic University of Bukavu, Free University of the Countries of the Great Lakes and University Kisangani -, from 9-31 March 2010, and gave classes about the International Criminal Court. It's the first time the Field Outreach Unit organizes such big activities with universities.

. The Field Outreach Unit is thinking of enlarging its network of partners and of inciting those universities to share knowledge about international criminal justice. ."

III. LUBANGA TRIAL

To read summaries of the Lubanga Trial, please visit Lubanagatrial's website: http://lubangatrial.com and Aegis Trust's website: http://www.aegistrust.org/Lubanga-Trial/

i. "Two Former UPC Soldiers Testify, Victims' Lawyer Questions Them," by Wairagala Wakabi, 30 April 2010 http://www.lubangatrial.org/2010/04/30/two-former-upc-soldiers-testify-victims’-lawyer-questions-them /

"The Lubanga trial recommenced on Wednesday after a three week hiatus with the defense calling two witnesses, both of whom said they were former soldiers in the Union of Congolese Patriots (UPC), the group that prosecutors at the International Criminal Court allege was led by Thomas Lubanga.

According to the defense, the testimony of both witnesses was intended to discredit evidence given by one of three participating victims who testified last January. Among others, the witnesses would testify that the victim lied to the court about his identity. ."

SEE ALSO:

ii. "Victims' Lawyer Questions Two New Lubanga Witnesses," by Wairagala Wakabi, 29 April 2010 http://www.lubangatrial.org/2010/04/29/victims’-lawyer-questions-two-new-lubanga-witnesses/
iii. "Now Bemba Hearing Delays Resumption of Lubanga Trial," by Wairagala Wakabi, 26 April 2010 - http://www.lubangatrial.org/2010/04/26/now-bemba-hearing-delays-resumption-of-lubanga-trial/
iv. "Flight Disruptions Delay Reopening Of Lubanga Trial," by Wairagala Wakabi, 21 April 2010 - http://www.lubangatrial.org/2010/04/21/flight-disruptions-delay-reopening-of-lubanga-trial/

IV. OTHER DEVELOPMENTS

i. "Margot Wallström reaffirms her commitment to the fight against sexual violence in the DRC," MONUC, 20 April 2010 http://monuc.unmissions.org/Default.aspx?tabid=1042&ctl=Details&mid=1096&Itemid=8617

"In a press conference held in Kinshasa on Monday, 19 April, Ms Wallstrom stressed that impunity and armed conflict must be brought to an end if the DRC is to effectively combat sexual violence. "The fight against impunity is of fundamental importance for ending sexual violence, and [assuring] assistance to victims must remain a priority, ", said the Special Representative of the Secretary-General.

.Without going into the details of these discussions, Ms Wallström noted that some progress has been made in the fight against sexual violence in the DRC, notably with the adoption, by the Congolese Parliament, of the law on sexual violence and the identification of perpetrators of rape. . The Special Representative expressed concern over the many challenges still facing the process for security sector, justice sector, and judicial system reform. 'In speaking with legal clinics, the police's special force, and civil society organisations, I found out that women are underrepresented in the judiciary. I have noted widespread corruption affecting access to justice, and the logistical challenges of reaching remote communities with education and awareness campaigns,' Ms Wallström said. ..."

ii. "UN official calls DR Congo 'rape capital of the world'", BBC, 28 April 2010 http://news.bbc.co.uk/2/hi/8650112.stm

"The Democratic Republic of Congo is "the rape capital of the world", a senior UN official has said.

Margot Wallstrom, the UN's special representative on sexual violence in conflict, urged the Security Council to punish the perpetrators in DR Congo.

Rape remained a dominant feature of the ongoing conflict in eastern DR Congo, with impunity being the rule rather than the exception, she said.

More than 8,000 women were raped during fighting in 2009, the UN says.

'Women have no rights, if those who violate their rights go unpunished,'Ms Wallstrom told the UN Security Council on her return from DR Congo. 'Women (there) are still not safe, under their own roofs, in their own beds, when night falls,' she added. ."

iii. "Michaëlle Jean [Canada's Governor General] Urges Congo to Stop Rape," Sudan Vision Daily, 22 April 2010 http://www.sudanvisiondaily.com/modules.php?name=News&file=article&sid=56247

". Addressing a joint sitting of Congo's parliament hours earlier, Jean declared the widespread rape of women in Congo's war zones a crime against humanity.

In a speech attended by the country's president, cabinet ministers, two brigadiers-general of the Congolese national army, and Canadian peacekeepers in Congo, Jean stressed the use of rape as a weapon of war must not go unpunished.

Jean never used the word 'rape' but spoke of sexual violence 'of unimaginable horror' perpetrated on women and children that is 'reaching endemic proportions.'

Pointing to hotspots in the country's violent eastern region - where she travels Tuesday - Jean said 'in certain cases, this consists of serious violations of international humanitarian law, meaning `crimes against humanity.' ."

iv. "DR Congo rape crisis 'increasing' despite peacekeepers, Oxfam report says," by Mike Pflantz (The Telegraph), 15 April 2010 http://www.telegraph.co.uk/news/worldnews/africaandindianocean/democraticrepublicofcongo/7593710/DR-Congo-rape-crisis-increasing-despite-peacekeepers-Oxfam-report-says.html

"As many as 14 women are raped every day in eastern Democratic Republic of Congo, almost half of them in broad daylight and more than half in their own homes, according to a study published on Thursday.

A majority were raped by soldiers or armed rebels, but the Oxfam and Harvard Humanitarian Initiative report found a 17-fold increase in attacks by civilians between 2004 and 2008.

. 'Rape of this scale and brutality is scandalous,' said Krista Riddley, director of humanitarian policy at Oxfam. ."

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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.

Communications to the ICC can be sent to:

ICC
P.O. box 19519
2500 CM the Hague
The Netherlands