Follow Us:

Members media statements and quotes; latest on ongoing trials; previous coverage of the Mbarushimana case; other news and update on Interactive Radio for Justice

27 Jan 2011

Dear all,

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

This message includes media statements by Coalition members (I), latest updates on ongoing trials (II), and press articles on the Mbarushimana case (III) other news and opinions (IV) as well as the latest programs of Interactive Radio for Justice (V).

Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the Coalition 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,
CICC Secretariat
www.coalitionfortheicc.org

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

I. MEMBERS’ MEDIA STATEMENTS AND QUOTES

1. “DR Congo: Rogue Leaders, Rebels Forcibly Recruit Youth”, Human Rights Watch, Press Release, 20 December 2010, http://www.hrw.org/en/news/2010/12/20/dr-congo-rogue-leaders-rebels-forcibly-recruit-youth

“(Goma) - Rogue Congolese army officers and armed groups in eastern Democratic Republic of Congo are forcibly recruiting and training for combat hundreds of young men and boys in new efforts to expand their ranks, Human Rights Watch said today. The wave of military recruitment, which began around September 2010, signals a possible collapse of eastern Congo's peace process…

The Congolese army general and former rebel leader Bosco Ntaganda and officers loyal to him, including Lt. Col. Innocent Zimurinda and Col. Baudouin Ngaruye, have been responsible for the forced recruitment of hundreds of young men and boys in recent months in North and South Kivu provinces, witnesses told Human Rights Watch. At least 121 of the new recruits are children, under age 18, although reports received by Human Rights Watch indicate that there are probably many more...

Ntaganda had previously been implicated in forcibly recruiting and training children and young men for combat. In 2006, the International Criminal Court (ICC) issued an arrest warrant for him for war crimes of enlisting and conscripting children as soldiers and using them in hostilities in the Ituri district of eastern Congo. The Congolese government has failed to act on the arrest warrant, claiming that arresting him would harm the peace process…”

2. “Analysis: Jury still out on ICC trials in DRC,” IRIN, 19 January 2011, http://www.irinnews.org/Report.aspx?ReportID=91672

“ Almost two years into the trial of Thomas Lubanga for war crimes by the International Criminal Court (ICC), several international justice experts and observers say the court has had a largely positive impact on the ground in the Democratic Republic of Congo, but some differ.

… According to Mariana Goetz, programme adviser for REDRESS, a London-based legal/human rights NGO, the biggest impact of the trials has been that there is now “no doubt in eastern DRC about the fact that child soldiering is a crime. Previously people thought that children were doing military service that was somehow legitimized by the state of conflict.”

She attributed this awareness-raising effect primarily to the Lubanga case, which has garnered significant international attention as the ICC’s maiden trial.

Radhika Coomaraswamy, UN special envoy for children and armed conflict, pointed to the “enormous impact” of the ICC indictments, which have driven home the message that recruiting child soldiers was a serious offence.

John Tinanzabo, a resident of Ituri, said the ICC had had a positive educational impact: “Several leaders have finally realized that they can be prosecuted for recruitment of children into the army.”
Others are not so convinced, however.

“The impact of the Congo trials will depend heavily on whether they result in successful prosecutions,” said Phil Clark, lecturer in comparative and international politics at the School of Oriental and African Studies at the University of London. “In Ituri, the prosecutor’s strategy is seen more as fulfilling his own need to get fast judicial results than reflecting the magnitude of Lubanga’s crimes."

Deterrence

The deterrent effect of the cases has been more difficult to gauge, but anecdotal evidence suggests that at least some Congolese rebels voiced concern or modified their behaviour out of fear of being indicted and prosecuted by the ICC.

“Today many leaders of armed groups are afraid to engage in hostilities or recruit child soldiers [for] fear of being charged by the International Criminal Court,” said Nicolas Mateso, an ex-combatant in Ituri.
According to the 2010 Victims’ Rights Working Group report, “the fear of the ICC, the improved knowledge that crimes should not go unpunished, and the fact that the international community is watching, have had a positive effect on deterring the commission of further crimes”. Evidence to support this claim, however, is scant.

Another argument in support of the ICC trials suggests that survivors have benefited from having perpetrators brought to justice. Speaking in their personal capacities, John Washburn and Matthew Heaphy from the American NGO, Coalition for the ICC, noted that “victims very badly desire to have their story told”.

The ICC has also given survivors the right to participate in proceedings for the first time in the history of international criminal justice, which some analysts say is important for former child soldiers. But according to human rights lawyer Kate Cronin-Furman, survivors are “not a homogenous group” and have mixed feelings about the trials and those accused of war crimes.

Some former child soldiers interviewed by IRIN showed no interest in the trial. “For us what matters is harmonious reintegration into civilian life and the enjoyment of a good life,” said Alex Shukuru, formerly with the Congolese People's Army armed wing of the Congolese Rally for Democracy.

Criticism

Those sceptical of overall deterrence point to the way the ICC trials have unfolded and say the Court cannot target most war criminals. According to Cronin-Furman, punishment, in criminal law, “has to be quick, severe and reliable in order for deterrence to operate”. International justice, in contrast, is long, lacking in severity and “only a handful of people are indicted”.

Challenging the significance of awareness-raising, Dan Fahey, a visiting professor at California-based Deep Springs College, suggested that the potential negative effects of the trials could outweigh the positive effects of current and future warlords knowing that child soldiering is a war crime. “While Ituri is largely at peace now,” he said, the peace is “very fragile”.

Community elders in Ituri urged the ICC to also arrest those in power. “The ICC must also arrest members of the government who are implicated in various crimes in Ituri,” said Alex Losinu, a Lendu elder.

“The ICC trial has no deterrent effect because the real criminals are exempt from charges and are integrated in communities. Moreover, this trial is taking place thousands of kilometres outside Ituri. Elsewhere we know that the world tries to demonize Ituri as they arrested only Ituriens," added Losinu.

Some observers say the ICC was a missed opportunity to build the local capacity of DRC's judicial system. “The ICC’s actions have undermined the Bunia judicial system, which has made considerable strides since the beginning of the domestic reform process in 2003,” Clark said. “The ICC has also denied the local population the opportunity to witness the trials first hand.”

Fahey believes a hybrid court was a better option because it would “give the Congolese a stake in this”.
The justice system in DRC is severely limited, resulting in widespread impunity. ”Ending impunity in the DRC isn’t going to be addressed by the ICC on its own,” Goetz noted.

“The ICC is just one small brick contributing to the rebuilding of law and order in the DRC," she added. "Ending impunity is a long-term issue for the Congolese to address with the help of the international community, given the involvement of both internal and external actors in the conflict.”

Washburn and Heaphy, on the other hand, said “the court has had to learn on the job in conducting these first cases which have inevitably raised procedural and legal issues not foreseen in the treaty establishing the Court and which have had to be resolved in numerous appeals”.

The Ituri conflict came to an end in 2007. According to Fahey, “people in Ituri are just very tired of war” and this partly explains why a delicate peace has endured in the region. But in the wider eastern DRC, conflict persists and so does the recruitment and use of child soldiers.”

II. LATEST TRIAL NEWS AND OPINIONS

A. LUBANGA TRIAL

Note: More Updates on the Lubanga trial are available at: www.lubangatrial.org, an Open Society Justice Initiative project and at: http://lubanga.aegistrust.org/, an Aegis Trust project.

1. "For International Criminal Court, Frustration and Missteps in Its First Trial”, by Marlise Simons, The New York Times, 21 November 2010,
http://www.nytimes.com/2010/11/22/world/europe/22court.html?_r=1

2. “ICC intermediary denies bribing witnesses in Lubanga trial”, RNW, 17 November 2010,
http://www.rnw.nl/international-justice/article/icc-intermediary-denies-bribing-witnesses-lubanga-trial

3. “Chamber Issues Order On Evidence Disclosure”, by Judith Armatta, LubangaTrial, 13 December 2010,
http://www.lubangatrial.org/2010/12/13/chamber-issues-order-on-evidence-disclosure/

4. “Prosecutor Argues Investigator’s Notes Not Subject to Disclosure”, by Judith Armatta, LubangaTrial, 8 December 2010,
http://www.lubangatrial.org/2010/12/08/prosecutor-argues-investigators-notes-not-subject-to-disclosure/

5. “Witness Testifies in Closed Session on ‘Climate of Fear’”, by Judith Armatta, LubangaTrial, 1 December 2010,
http://www.lubangatrial.org/2010/12/01/witness-testifies-in-closed-session-on-‘climate-of-fear’/

6. “Lubanga Chronicle #104 – Former Child Solider (Witness 38): ‘I did not lie. Lying is a sin.’”, Aegis Trust, 25 November 2010,
http://www.aegistrust.org/Lubanga-Chronicles/lubanga-chronicle-104-former-child-solider-witness-38-qi-did-not-lie-lying-is-a-sinq.html

B. KATANGA/NGUDJOLO TRIAL

1. “Bogoro Victim Recounts Traumatic Ordeal”, by Anjana Sundaram, IWPR, 10 November 2010, http://iwpr.net/fr/node/49219

2. “Witness Questions Prosecution View of Bogoro Attack,” by Anjana Sundaram, IWPR,5 October 2010, http://iwpr.net/report-news/witness-questions-prosecution-view-bogoro-attack

III. PREVIOUS NEWS ON MBARUSHIMANA CASE

1. “Callixte Mbarushimana’s Lawyer Contests Validity of Arrest Warrant – Divulgation Issues With OTP Continue”, By Xavier Rauscher, The International Jurist, 12 January 2011, http://internationaljurist.wordpress.com/2011/01/12/callixte-mbarushimanas-lawyer-contests-validity-of-arrest-warrant-divulgation-issues-with-otp-continue/

2. “Rwanda wants Hutu rebel tried for genocide”, AFP, 7 January 2011, http://www.google.com/hostednews/afp/article/ALeqM5gnm1YNkVYG3ZvimSwZB_S4yyCzWQ?docId=CNG.647fddf11769518e7f98cb7fa868207d.8d1

3. “Rwanda: Genocide Charges Against Mbarushimana Still Stand – Karugarama”, By James Karuhanga, The New Times, 6 January 2011, http://allafrica.com/stories/201101060246.html

4. “Rwandan Hutu leader ordered to Hague court”, UPI, 5 January 2011, http://www.upi.com/Top_News/World-News/2011/01/05/Rwandan-Hutu-leader-ordered-to-Hague-court/UPI-17721294254854/

5. “Rwandan rebel due in world war crimes court this month”, AFP, 5 January 2011, http://news.yahoo.com/s/afp/20110105/wl_africa_afp/rwandafrancedrcongogenocideicc

6. “Rwanda: French Court Upholds Hutu Rebel's Transfer to ICC”, RFI, 5 January 2011, http://allafrica.com/stories/201101060140.html

7. “Rwandan Government Urges More Arrests After France Blocks Rebel's Appeals”, By David Malingha Doya, Bloomberg, 5 January 2011, http://www.bloomberg.com/news/2011-01-05/rwandan-government-urges-more-arrests-after-france-blocks-rebel-s-appeals.html

8. “Crimes in the DRC ahead of the French court to surrender to the ICC Mbarushimana”, by Sandeep, Pisqa, 5 January 2011, http://www.pisqa.com/01/crimes-in-the-drc-ahead-of-the-french-court-to-surrender-to-the-icc-mbarushimana/

9. “French court upholds Hutu rebel's transfer to ICC”, AFP, 4 January 2011, http://www.google.com/hostednews/afp/article/ALeqM5hNbE2Ttbn7wnzZmPsNzw5iFQJ86A?docId=CNG.4844c10793df1183202908033c62a66e.681

10. “Rwanda rebel Mbarushimana's extradition to ICC upheld”, BBC, 4 January 2011, http://www.bbc.co.uk/news/world-europe-12116540

11. “France judge charges Rwanda rebel leader with war crimes: reports”, by Jaclyn Belczyk, JURIST, 23 December 2010, http://jurist.org/paperchase/2010/12/france-judge-charges-rwanda-rebel-leader-with-war-crimes-report.php

12. “Rwanda: France Charges FDLR Leader With Genocide”, by Edmund Kagire, The New Times, 23 December 2010, http://allafrica.com/stories/201012230317.html

13. “France charges Hutu rebel over 1994 Rwanda genocide”, One News/AFP, 22 December 2010, http://1-news.net/france-charges-hutu-rebel-over-1994-rwanda-genocide-source-afp/

14. “French judge charging Callixte Mbarushimana over Rwandan genocide”, by Elli Goetz, International Criminal Law Bureau, 23 December 2010, http://www.internationallawbureau.com/blog/?p=2198

15. “Rwandan Nabbed for War Crimes, But Will a Trial Make a Difference?”, by Zachary Fryer-Biggs, DI News Blog, 28 November 2010, http://dinews.posterous.com/rwandan-nabbed-for-war-crimes-but-will-a-tria

IV. OTHER NEWS AND OPINIONS

1. “Congolese Still Struggle to Understand ICC”, IWPR, 28 November 2010, http://africanpress.wordpress.com/2010/11/28/congolese-still-struggle-to-understand-icc/

2. “DRC Rape Victims Opt for Extrajudicial Settlements”, by Espérance Nzigire, IWPR, 2 November 2010, http://iwpr.net/report-news/drc-rape-victims-opt-extrajudicial-settlements

3. “‘I slept on human bones", RNW, 30 November 2010, http://www.rnw.nl/english/article/i-slept-human-bones

4. “Is the Congolese Government Manipulating the ICC for political Motives?”, Alabama DUI Legal News & Help, 25 December 2010, http://www.dui-attorney-news.com/alabama/warrants-for-arrest/is-the-congolese-government-manipulating-the-icc-for-political-motives/

5. “Violence in Africa is criminal rather than political”, Str8talk Chronicle, 17 January 2011, http://str8talkchronicle.com/?p=11774

6. “This Week in the Great Lakes: Ben Affleck explains why Congo is worth caring about”, by Jina Moore, CS Monitor, 3 December 2010, http://www.csmonitor.com/World/Africa/Africa-Monitor/2010/1203/This-Week-in-the-Great-Lakes-Ben-Affleck-explains-why-Congo-is-worth-caring-about

7. “Congo and the Fight for Stability”, Corporate Foreign Stability, 9 December 2010, http://corporateforeignpolicy.com/africa/congo-and-the-fight-for-stability

8.“Firms Linked to Conflict Minerals May Face Prosecution”, by Inna Lazareva, IWPR, 24 December 2010, http://iwpr.net/uz/node/49688

9. “Congo's Army Is Pillaging Country's Natural Resources, United Nations Says”, by Michael J. Kavanagh, Bloomberg, 29 November 2010, http://www.bloomberg.com/news/2010-11-29/congo-s-army-is-pillaging-country-s-natural-resources-united-nations-says.html

10. “Ending illegal exploitation of Democratic Republic of Congo minerals and other resources”, The Rising Continent, 24 November 2010, http://therisingcontinent.wordpress.com/2010/11/24/ending-illegal-exploitation-of-democratic-republic-of-congo-minerals-and-other-resources/

V. AUDIO RESOURCES

1. Interactive Radio for Justice for January 2011

To access the latest programs of Interactive Radio for Justice, please visit www.irfj.org

IRfJ in Kivus, DRC:

Program 14 for IRfJ-Goma www.irfj.org/category/drc/kivus-goma/ features questions from citizens in Goma including: When street-childrens' rights are abused, who can they go to?, What is the difference between the Land Title Office and the Land Register?, What judicial body is mandated to resolve problems that the ICC cannot resolve? And Can demonstrations in the street influence the decisions of the ICC judges?

Justice Magazine-Goma program 2: www.irfj.org/2011/01/2-the-project-team-in-goma/ This series seeks to analyze local justice questions through a vox-pop format and offer advice and information from relevant authorities. This second program in the series addresses land and property law in North Kivus – what are the concerns and what is the law?

IRfJ in Ituri, DRC:
IRfJ-Ituri program 70 www.irfj.org/category/drc/irfj-base-drc/ features questions from Bunia and Bambi, 45 km north-west of Bunia, and Aveba, 80 km south of Bunia: Why are people escaping from our prisons?, In Aveba the military live with our sisters and daughters, but do not pay anything to their families. Shouldn’t they pay a dowry?, and When the militia enter our homes and loot our property under the noses of the FARDC [DRC military], can we bring the FARDC to court?

Justice Magazine 13 www.irfj.org/category/drc/justice-magazine/ In this series we explore a popular concern with our listeners, with a theater skit, direct commentary from listeners and responses from appropriate justice authorities. This 13th program talks about the law with respect to military and police abuse of civilians. Our studio guest for the program is Commander Juvenal Biteko, Inspector in Command of the Ituri District.

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

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