News

Report on the activities of the DRC Coalition for the ICC; Updates on the Lubanga trial; Analytical piece on the Bosco Ntaganda case; Update on Interactive Radio for Justice; Related news articles

14 Sept 2010

Dear all,

Please find below latest information related to the situation in Democratic Republic of Congo (DRC).

This message includes a report on the activities of the DRC coalition for the ICC (I), the latest developments on the Lubanga trial (II), updates on the Bosco Ntaganda case (III) and Interactive Radio for Justice (IV), as well as related news articles (V).

Note that all translations are informal translations provided by the CICC Secretariat.

Please also 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.

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

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

I. PRESS REPORT ON THE ACTIVITIES OF THE CONGOLESE COALITION FOR THE ICC

i. " Training session for judges of the Appeals Courts, " (Séminaire de formation des magistrats des Cours d'appel) By Albert Tshiambi, Le Potentiel, 28 August 2010, http://fr.allafrica.com/stories/201008280043.html (French)

"The training session for the judges of the [DRC] Appeals Courts organized by Asadho and the Kenyan branch of the International Commission of Jurists (CIJ-Kenya), continued on Thursday 26 August.

Asked about the importance of the seminar, the vice-president of Asadho, Mr. Georges Kapiamba said that these meetings organized by his NGO and the International Commission of Jurists (CIJ), aim at training judges of the DRC Appeals Courts... in the fight against impunity of the perpetrators of the gravest crimes. These magistrates will have to train their peers in their own jurisdiction afterwards.

The presentations, which dealt with many different topics, were followed by a rewarding debate...."

ii. "Members of the DRC Coalition focal points are elected,"(Le pays- les membres du point focal de la Coalition pour la CPI élus) Le Phare, 17 August 2010 http://fr.allafrica.com/stories/201008180591.html (French)

"On Friday 13 August 2010, the headquarters of the International Center for Transitional Justice, an American NGO located in Kinshasa, hosted the election of the members of the CICC focal point for the city of Kinshasa. About thirty member organizations put in place the local representation of this organization in charge of conceiving strategies to create a synergy in support of the ICC action in Democratic Republic of Congo.

The members elected were : Mr. Robert Falay, local coordinator, Mr. Kasimu Gentil (deputy coordinator), in charge of programs, Henri Dianda (a judge in the Superior Court of La Gombe), Sylvestre Saïdi, in charge of finances and Ms. Irène Esambo, in charge of communications. The members are elected for three years.

National coordinator Mr. André Kito welcomed the impartiality surrounding the polls. He also encouraged the elected members to participate in the ICC efforts."

SEE ALSO:

iii. "With the EU support, judges of the Appeals Courts are trained on the ICC," (Avec l'appui de l'UE - Les magistrats des Cours d'appel formés sur la CPI) By Albert Tshiambi, Le Potentiel, 26 August 2010 http://fr.allafrica.com/stories/201008260131.html (French)

iv. "Congolese judges at the international justice school," (Des magistrats congolais à l'école de la justice internationale) By Rachel Ngongo, Le Phare, 25 August 2010 http://fr.allafrica.com/stories/201008250300.html (French)

II. UPDATE ON LUBANGA TRIAL

A. Report on the Lubanga trial
To find the latest developments on the Lubanga trial, please go to Lubanga Trial website: http://www.lubangatrial.org/ and Aegis Trust website http://www.aegistrust.org/Lubanga-Trial/

i. "Judges Allow Victims To Participate In Lubanga Release Appeal," By Wairagala Wakabi, 19 August 2010, http://www.lubangatrial.org/2010/08/19/judges-allow-victims-to-participate-in-lubanga-release-appeal/

ii. "Defense Lawyers Say Halting Lubanga's ICC Trial Was Inevitable," By Wairagala Wakabi, 18 August 2010, http://www.lubangatrial.org/2010/08/18/defense-lawyers-say-halting-lubangaâs-icc-trial-was-inevitable/

iii. "Victims Ask To Take Part In Lubanga Release Appeal," By Wairagala Wakabi, 5 August 2010, http://www.lubangatrial.org/2010/08/05/victims-ask-to-take-part-in-lubanga-release-appeal/

iv. "Prosecutor Says Halting Lubanga Trial Was Erroneous And Excessive," By Wairagala Wakabi, 3 August 2010, http://www.lubangatrial.org/2010/08/03/prosecutor-says-halting-lubanga-trial-was-erroneous-and-excessive/

v. "Backgrounder: why dispute over 'intermediaries' has led 1st ICC trial to a stalemate," Aegis, 27 August 2010, http://www.aegistrust.org/Lubanga-Chronicles/backgrounder-why-dispute-over-intermediaries-has-led-1st-icc-trial-to-a-stalemate.html

vi. "Lubanga Chronicle #94 - A Landmark Trial in the Hands of the Appeals Judges," Aegis, 19 August 2010, http://www.aegistrust.org/Lubanga-Chronicles/lubanga-chronicle-94-a-landmark-trial-in-the-hands-of-the-appeals-judges.html

vii. "Lubanga Chronicle #93 Judges order the release of Thomas Lubanga," Aegis, 15 July 2010, http://www.aegistrust.org/Lubanga-Chronicles/lubanga-chronicle-93-judges-order-the-release-of-thomas-lubanga.html

viii. "Lubanga Chronicle #92 Judges Suspend Proceedings as Prosecutor Breaches Chamber´s Orders," Aegis, 8 July 2010, http://www.aegistrust.org/Lubanga-Chronicles/lubanga-chronicle-92-judges-suspend-proceedings-as-prosecutor-breaches-chamberas-orders.html

ix. "Lubanga Chronicle #91 Judges order OTP Intermediary´s Identity to Be Disclosed to Thomas Lubanga," Aegis, 7 July 2010, http://www.aegistrust.org/Lubanga-Chronicles/lubanga-chronicle-91-judges-order-otp-intermediaryas-identity-to-be-disclosed-to-thomas-lubanga.html

B. Analysis

i. " DRC: International justice denied? ," IRIN, 12 August 2010, http://www.irinnews.org/Report.aspx?ReportId=90140

"The court has been knocked by developments in The Hague where the former UPC leader, Thomas Lubanga, sits in a cell in the seaside resort of Scheveningen contemplating his improving prospects for freedom.

After more than four years in custody and 18 months into his trial - the ICC's first - for recruiting child soldiers in Ituri, judges last month stopped the case for the second time and ordered his release.

In a ruling on 8 July, they said a fair trial was impossible and criticized ICC prosecutor Luis Moreno-Ocampo for his "unequivocal refusal" to obey court orders and disclose the identity of an intermediary working with investigators. The judges ruled that Moreno-Ocampo had claimed a "separate authority which can defeat the orders of the court ... a profound, unacceptable and unjustified intrusion into the role of the judiciary."

Intermediaries helped prosecutors with their investigations on the ground in DRC, identifying leads and possible witnesses. Lubanga's defence has alleged that some have paid off prosecution witnesses and coached them to lie.

Prosecutors deny defying the judges. They insist that staying the trial was a judicial overreaction and say they cannot endanger the intermediary by disclosing his identity before proper protective measures are put in place.

"[The office of the prosecutor] will show that the decision to stay proceedings in this case was excessive and disproportionate," reads the appeal. "The chamber had at its disposal a range of alternative adequate remedies short of discontinuation of trial proceedings, a measure that not only impacts on the rights of the prosecution but also on those of victims and of the communities where the crimes have taken place."

An ICC spokesperson refused to comment further. Lubanga will remain in ICC custody pending the outcome of the appeal.

Consequences

The trial was also stayed in 2008 when prosecutors failed to disclose key evidence to the defence team. More delays, coupled with the possible release of Lubanga, are prompting criticism. Georges Kapiamba, a lawyer and member of the Congolese Coalition for the ICC, urged Moreno-Ocampo to reconsider his refusal to comply with the judge's orders.

"He should think about the consequences of maintaining his current position on the credibility of the court," said Kapiamba. "Congolese people are interpreting [the staying of the trial] as willingness by the ICC to make things unnecessarily long."

While pointing out that delays are to be expected with the court's first trial and that the judicial process can be lengthy, international analysts are also concerned about the effects the high-profile problems are having on the court's reputation.

"Ultimately if we keep having delays ... it makes it very difficult to promote the ICC," said Lorraine Smith, the ICC programme manager at the International Bar Association. "It casts a shadow on people's perception of the [court]."

There are also fears of misunderstandings. "The problem remains that this will be a basis for Lubanga's supporters to claim that he is innocent," said HRW's Mattioli.

Outreach needed

The survivors of the ethnic violence in Ituri, particularly those who have cooperated with the ICC and now fear retribution, are among the most affected by the recent developments.

Carla Ferstman, director of Redress, a human rights group working with survivors of war crimes in DRC, is concerned that ICC outreach teams are not doing more to explain the situation.

"The court has been very quiet ... perhaps this is because of the ongoing appeals process, but it is a shame there is so little coming from the court as it is important for them to address the misinformation and manage expectations," said Ferstman.

"If you think about it positively, the decision is a very strong sign of the independence of the court, that the court is prepared to take a decision that is procedurally right, but this will not make much difference to victims in DRC where the decision is likely to confirm their worst feelings about a court that is not able to address their concerns."

It has been a turbulent few years for the ICC, the world's first permanent war crimes court, which came into being in 2002. With no police force of its own it relies on ICC member states to make arrests. Seven suspects from Uganda and Sudan remain at large, and in November 2009 judges refused to confirm the charges against Darfur rebel leader Abu Garda, at the time the only ICC indictee to surrender himself voluntarily.

Meanwhile, the trial of DRC's former vice-president Jean-Pierre Bemba for crimes in the Central African Republic has been postponed from July pending a defence motion to suspend proceedings."

SEE ALSO:
ii. "Outsourcing Investigations: The ICC and Intermediaries," IntLawGrrls, 31 August 2010, http://intlawgrrls.blogspot.com/2010/08/outsourcing-investigations-icc-and.html

iii. "DRC: Timeline on Lubanga's ICC Trial," IRIN, 16 August 2010, http://www.irinnews.org/Report.aspx?ReportId=90184

iv. "Abuse of process & the ICC trial in Lubanga," Int'l Law Grls (Blog), 4 August 2010, http://intlawgrrls.blogspot.com/2010/08/abuse-of-process-icc-trial-in-lubanga.html

v. "The ICC is no kangaroo court," by Tracey Gurd, Open Society Blog/Guardian, 26 July 2010, http://www.guardian.co.uk/law/2010/jul/26/icc-thomas-lubanga

vi. "Another "Get Out of Jail Free Card" for Lubanga," by Tracey Gurd, Open Society Blog, 23 July 2010, http://blog.soros.org/2010/07/another-get-out-of-jail-free-card-for-lubanga/

III. BOSCO NTAGANDA CASE

i. " DRC: International justice denied? ," IRIN, 12 August 2010, http://www.irinnews.org/Report.aspx?ReportId=90140

"On a typically busy morning in North Kivu's capital city Goma, nobody at the bank paid much attention to Bosco Ntaganda and his bodyguards. It had been a hectic few days for the rebel commander-turned-army general, who had also attended meetings with the provincial governor and the Democratic Republic of Congo (DRC) President Joseph Kabila.

Nothing unusual in that, except Ntaganda is a wanted man, under indictment by the International Criminal Court (ICC) for war crimes in the northeastern Ituri region where Hague prosecutors allege he played a senior role in the Union of Congolese Patriots (UPC), a militia group accused of human rights abuses, including ethnic massacres, torture and rape.

But four years after the ICC first issued the warrant, Ntaganda still lives openly in Goma. He has made peace with the government and serves in the army. His continued freedom is bad news for a court struggling with recent judicial setbacks and an increasingly sceptical DRC public.

"Bosco is a key challenge for the ICC in terms of credibility and how it is perceived," said Geraldine Mattioli Zeltner, advocacy director of the international justice programme at Human Rights Watch (HRW). "Implementing that arrest warrant is a key aspect of that credibility." [...]

Pressure on "Terminator"

The arrest of Ntaganda - known as the Terminator from his time in Ituri - would give the ICC a welcome public relations boost in its fight against impunity. However, the government has refused to make the arrest, saying Ntaganda is too important to the ongoing peace process in the Kivu provinces.

After leaving the UPC, Ntaganda went to Goma where he joined the National Congress for the Defence of the People (CNDP), led by Laurent Nkunda. He eventually forced Nkunda out and in early 2009 signed a peace deal with the government. Human rights groups accuse Ntaganda of atrocities in North Kivu, including masterminding the 2008 attack on the town of Kiwanja.

A senior CNDP official told IRIN that Ntaganda was willing to go to The Hague - but not yet. "He doesn't fear the ICC at all," said Desire Kamanzi. "But he has a lot of work to do for his people and the community at large. He's not ready to surrender himself because of pressure from international activists."

Activists like Kapiamba, however, insist Ntaganda belongs in a courtroom, not the national army. "His presence within the army is menacing victims and witnesses and contributing to worsening tension in the region," he said.

SEE ALSO:
ii. " Bosco Ntaganda : "wanted" mais pas trop..., " Esprit de Justice, 2 September 2010, http://justice-inter.blog.lemonde.fr/2010/09/02/bosco-ntaganda-wanted-mais-pas-tropâ¦/#xtor=RSS-32280322

IV. UPDATE ON INTERACTIVE RADIO FOR JUSTICE

To listen to the latest radio programs of Interactive Radio for Justice, please go to: http://www.irfj.org/

i. "ICC Assembly of State Parties President Christian Wenaweser", IRJ, 2 August 2010 http://www.irfj.org/2010/08/9-icc-assembly-of-state-parties-president-christian-wenaweser/

ii. "ICC Registrar Silvana Arbia speaks on this program", IRJ, 2 August 2010 http://www.irfj.org/2010/08/9-icc-registrar-silvana-arbia-speaks-on-this-program/

V. PRESS ARTICLES

i. "Prosecute to help stop rape in Congo," Editorial, The Globe and Mail, 9 September 2010, http://www.theglobeandmail.com/news/opinions/editorials/prosecute-to-help-stop-rape-in-congo/article1700260/

ii. "DRC: we must bring to justice those responsible for mass rape," UN, 7 September 2010, http://monuc.unmissions.org/Default.aspx?tabid=932&ctl=Details&mid=1096&ItemID=10371

iii. "While State Has Primary Responsibility for Protecting Civilians, Preventing Rapes in Democratic Republic of Congo, 'We Have Also Failed,' Says Top UN Official, " UN, 7 September 2010, http://www.un.org/News/Press/docs/2010/sc10021.doc.htm

iv. "Congo mass rape numbers rise to 240," UN, 2 September 2010, http://www.bbc.co.uk/news/world-africa-11162177

vi. "Congolese Activists Call for International Tribunal in DRC," By Héritier Maila (IWPR), 27 July 2010, http://iwpr.net/report-news/congolese-activists-call-international-tribunal-drc

vii. "UN envoy urges Congo and war crimes tribunal to prosecute rebels accused of mass rape," by Edith M. Lederer, Canadian Press, 31 August 2010, http://www.google.com/hostednews/canadianpress/article/ALeqM5jzZDc2rLkqujMa8SgIB6mGpfPiRg

viii. "Mass rape victims in Luvungi, DRC tell their nightmare." (Des victimes des viols collectifs de Luvungi en RDC racontent leur calvaire) VOA, 26 August 2010, http://www.voanews.com/french/news/in-drc-some-victims-of-luvungi-mass-rape-speak-out-101602823.html (French)

ix. "Congo-Kinhasa: Eastern insecurity dents Kabila image, " Oxford Analytica, 18 August 2010 http://www.reliefweb.int/rw/rwb.nsf/db900SID/VDUX-88FJTU?OpenDocument

x. "Congo-Kinshasa: Supporting Accountability, Transparency and Non-Violence," Pambazuka News/All Africa, 12 August 2010, http://allafrica.com/stories/201008120996.html

xi. "Analysis: Rethinking sexual violence in DRC, " IRIN, 6 August 2010 http://www.irinnews.org/Report.aspx?ReportId=90081

xii. "Call on President Kabila to create an Independent Commission on the Crisis of Sexual Violence in Eastern Congo, " MJPC, July 2010 http://mjpcongo.org/CommissionIndependante.aspx

xiii. "Congolese Activists Call for International Tribunal in DRC," by Héritier Maila, IWPR, 23 July 2010, http://www.iwpr.net/report-news/congolese-activiists-call-international-tribunal-drc

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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
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2500 CM the Hague
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News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		Report on the activities of the DRC Coalition for the ICC; Updates on the Lubanga trial; Analytical piece on the Bosco Ntaganda case; Update on Interactive Radio for Justice; Related news articles 14 Sept 2010 Dear all, Please find below latest information related to the situation in Democratic Republic of Congo (DRC). This message includes a report on the activities of the DRC coalition for the ICC (I), the latest developments on the Lubanga trial (II), updates on the Bosco Ntaganda case (III) and Interactive Radio for Justice (IV), as well as related news articles (V). Note that all translations are informal translations provided by the CICC Secretariat. Please also 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. Best regards, CICC Secretariat www.coalitionfortheicc.org *********************************** I. PRESS REPORT ON THE ACTIVITIES OF THE CONGOLESE COALITION FOR THE ICC i. " Training session for judges of the Appeals Courts, " (Séminaire de formation des magistrats des Cours d'appel) By Albert Tshiambi, Le Potentiel, 28 August 2010, http://fr.allafrica.com/stories/201008280043.html (French) "The training session for the judges of the [DRC] Appeals Courts organized by Asadho and the Kenyan branch of the International Commission of Jurists (CIJ-Kenya), continued on Thursday 26 August. Asked about the importance of the seminar, the vice-president of Asadho, Mr. Georges Kapiamba said that these meetings organized by his NGO and the International Commission of Jurists (CIJ), aim at training judges of the DRC Appeals Courts... in the fight against impunity of the perpetrators of the gravest crimes. These magistrates will have to train their peers in their own jurisdiction afterwards. The presentations, which dealt with many different topics, were followed by a rewarding debate...." ii. "Members of the DRC Coalition focal points are elected,"(Le pays- les membres du point focal de la Coalition pour la CPI élus) Le Phare, 17 August 2010 http://fr.allafrica.com/stories/201008180591.html (French) "On Friday 13 August 2010, the headquarters of the International Center for Transitional Justice, an American NGO located in Kinshasa, hosted the election of the members of the CICC focal point for the city of Kinshasa. About thirty member organizations put in place the local representation of this organization in charge of conceiving strategies to create a synergy in support of the ICC action in Democratic Republic of Congo. The members elected were : Mr. Robert Falay, local coordinator, Mr. Kasimu Gentil (deputy coordinator), in charge of programs, Henri Dianda (a judge in the Superior Court of La Gombe), Sylvestre Saïdi, in charge of finances and Ms. Irène Esambo, in charge of communications. The members are elected for three years. National coordinator Mr. André Kito welcomed the impartiality surrounding the polls. He also encouraged the elected members to participate in the ICC efforts." SEE ALSO: iii. "With the EU support, judges of the Appeals Courts are trained on the ICC," (Avec l'appui de l'UE - Les magistrats des Cours d'appel formés sur la CPI) By Albert Tshiambi, Le Potentiel, 26 August 2010 http://fr.allafrica.com/stories/201008260131.html (French) iv. "Congolese judges at the international justice school," (Des magistrats congolais à l'école de la justice internationale) By Rachel Ngongo, Le Phare, 25 August 2010 http://fr.allafrica.com/stories/201008250300.html (French) II. UPDATE ON LUBANGA TRIAL A. Report on the Lubanga trial To find the latest developments on the Lubanga trial, please go to Lubanga Trial website: http://www.lubangatrial.org/ and Aegis Trust website http://www.aegistrust.org/Lubanga-Trial/ i. "Judges Allow Victims To Participate In Lubanga Release Appeal," By Wairagala Wakabi, 19 August 2010, http://www.lubangatrial.org/2010/08/19/judges-allow-victims-to-participate-in-lubanga-release-appeal/ ii. "Defense Lawyers Say Halting Lubanga's ICC Trial Was Inevitable," By Wairagala Wakabi, 18 August 2010, http://www.lubangatrial.org/2010/08/18/defense-lawyers-say-halting-lubangaâs-icc-trial-was-inevitable/ iii. "Victims Ask To Take Part In Lubanga Release Appeal," By Wairagala Wakabi, 5 August 2010, http://www.lubangatrial.org/2010/08/05/victims-ask-to-take-part-in-lubanga-release-appeal/ iv. "Prosecutor Says Halting Lubanga Trial Was Erroneous And Excessive," By Wairagala Wakabi, 3 August 2010, http://www.lubangatrial.org/2010/08/03/prosecutor-says-halting-lubanga-trial-was-erroneous-and-excessive/ v. "Backgrounder: why dispute over 'intermediaries' has led 1st ICC trial to a stalemate," Aegis, 27 August 2010, http://www.aegistrust.org/Lubanga-Chronicles/backgrounder-why-dispute-over-intermediaries-has-led-1st-icc-trial-to-a-stalemate.html vi. "Lubanga Chronicle #94 - A Landmark Trial in the Hands of the Appeals Judges," Aegis, 19 August 2010, http://www.aegistrust.org/Lubanga-Chronicles/lubanga-chronicle-94-a-landmark-trial-in-the-hands-of-the-appeals-judges.html vii. "Lubanga Chronicle #93 Judges order the release of Thomas Lubanga," Aegis, 15 July 2010, http://www.aegistrust.org/Lubanga-Chronicles/lubanga-chronicle-93-judges-order-the-release-of-thomas-lubanga.html viii. "Lubanga Chronicle #92 Judges Suspend Proceedings as Prosecutor Breaches Chamber´s Orders," Aegis, 8 July 2010, http://www.aegistrust.org/Lubanga-Chronicles/lubanga-chronicle-92-judges-suspend-proceedings-as-prosecutor-breaches-chamberas-orders.html ix. "Lubanga Chronicle #91 Judges order OTP Intermediary´s Identity to Be Disclosed to Thomas Lubanga," Aegis, 7 July 2010, http://www.aegistrust.org/Lubanga-Chronicles/lubanga-chronicle-91-judges-order-otp-intermediaryas-identity-to-be-disclosed-to-thomas-lubanga.html B. Analysis i. " DRC: International justice denied? ," IRIN, 12 August 2010, http://www.irinnews.org/Report.aspx?ReportId=90140 "The court has been knocked by developments in The Hague where the former UPC leader, Thomas Lubanga, sits in a cell in the seaside resort of Scheveningen contemplating his improving prospects for freedom. After more than four years in custody and 18 months into his trial - the ICC's first - for recruiting child soldiers in Ituri, judges last month stopped the case for the second time and ordered his release. In a ruling on 8 July, they said a fair trial was impossible and criticized ICC prosecutor Luis Moreno-Ocampo for his "unequivocal refusal" to obey court orders and disclose the identity of an intermediary working with investigators. The judges ruled that Moreno-Ocampo had claimed a "separate authority which can defeat the orders of the court ... a profound, unacceptable and unjustified intrusion into the role of the judiciary." Intermediaries helped prosecutors with their investigations on the ground in DRC, identifying leads and possible witnesses. Lubanga's defence has alleged that some have paid off prosecution witnesses and coached them to lie. Prosecutors deny defying the judges. They insist that staying the trial was a judicial overreaction and say they cannot endanger the intermediary by disclosing his identity before proper protective measures are put in place. "[The office of the prosecutor] will show that the decision to stay proceedings in this case was excessive and disproportionate," reads the appeal. "The chamber had at its disposal a range of alternative adequate remedies short of discontinuation of trial proceedings, a measure that not only impacts on the rights of the prosecution but also on those of victims and of the communities where the crimes have taken place." An ICC spokesperson refused to comment further. Lubanga will remain in ICC custody pending the outcome of the appeal. Consequences The trial was also stayed in 2008 when prosecutors failed to disclose key evidence to the defence team. More delays, coupled with the possible release of Lubanga, are prompting criticism. Georges Kapiamba, a lawyer and member of the Congolese Coalition for the ICC, urged Moreno-Ocampo to reconsider his refusal to comply with the judge's orders. "He should think about the consequences of maintaining his current position on the credibility of the court," said Kapiamba. "Congolese people are interpreting [the staying of the trial] as willingness by the ICC to make things unnecessarily long." While pointing out that delays are to be expected with the court's first trial and that the judicial process can be lengthy, international analysts are also concerned about the effects the high-profile problems are having on the court's reputation. "Ultimately if we keep having delays ... it makes it very difficult to promote the ICC," said Lorraine Smith, the ICC programme manager at the International Bar Association. "It casts a shadow on people's perception of the [court]." There are also fears of misunderstandings. "The problem remains that this will be a basis for Lubanga's supporters to claim that he is innocent," said HRW's Mattioli. Outreach needed The survivors of the ethnic violence in Ituri, particularly those who have cooperated with the ICC and now fear retribution, are among the most affected by the recent developments. Carla Ferstman, director of Redress, a human rights group working with survivors of war crimes in DRC, is concerned that ICC outreach teams are not doing more to explain the situation. "The court has been very quiet ... perhaps this is because of the ongoing appeals process, but it is a shame there is so little coming from the court as it is important for them to address the misinformation and manage expectations," said Ferstman. "If you think about it positively, the decision is a very strong sign of the independence of the court, that the court is prepared to take a decision that is procedurally right, but this will not make much difference to victims in DRC where the decision is likely to confirm their worst feelings about a court that is not able to address their concerns." It has been a turbulent few years for the ICC, the world's first permanent war crimes court, which came into being in 2002. With no police force of its own it relies on ICC member states to make arrests. Seven suspects from Uganda and Sudan remain at large, and in November 2009 judges refused to confirm the charges against Darfur rebel leader Abu Garda, at the time the only ICC indictee to surrender himself voluntarily. Meanwhile, the trial of DRC's former vice-president Jean-Pierre Bemba for crimes in the Central African Republic has been postponed from July pending a defence motion to suspend proceedings." SEE ALSO: ii. "Outsourcing Investigations: The ICC and Intermediaries," IntLawGrrls, 31 August 2010, http://intlawgrrls.blogspot.com/2010/08/outsourcing-investigations-icc-and.html iii. "DRC: Timeline on Lubanga's ICC Trial," IRIN, 16 August 2010, http://www.irinnews.org/Report.aspx?ReportId=90184 iv. "Abuse of process & the ICC trial in Lubanga," Int'l Law Grls (Blog), 4 August 2010, http://intlawgrrls.blogspot.com/2010/08/abuse-of-process-icc-trial-in-lubanga.html v. "The ICC is no kangaroo court," by Tracey Gurd, Open Society Blog/Guardian, 26 July 2010, http://www.guardian.co.uk/law/2010/jul/26/icc-thomas-lubanga vi. "Another "Get Out of Jail Free Card" for Lubanga," by Tracey Gurd, Open Society Blog, 23 July 2010, http://blog.soros.org/2010/07/another-get-out-of-jail-free-card-for-lubanga/ III. BOSCO NTAGANDA CASE i. " DRC: International justice denied? ," IRIN, 12 August 2010, http://www.irinnews.org/Report.aspx?ReportId=90140 "On a typically busy morning in North Kivu's capital city Goma, nobody at the bank paid much attention to Bosco Ntaganda and his bodyguards. It had been a hectic few days for the rebel commander-turned-army general, who had also attended meetings with the provincial governor and the Democratic Republic of Congo (DRC) President Joseph Kabila. Nothing unusual in that, except Ntaganda is a wanted man, under indictment by the International Criminal Court (ICC) for war crimes in the northeastern Ituri region where Hague prosecutors allege he played a senior role in the Union of Congolese Patriots (UPC), a militia group accused of human rights abuses, including ethnic massacres, torture and rape. But four years after the ICC first issued the warrant, Ntaganda still lives openly in Goma. He has made peace with the government and serves in the army. His continued freedom is bad news for a court struggling with recent judicial setbacks and an increasingly sceptical DRC public. "Bosco is a key challenge for the ICC in terms of credibility and how it is perceived," said Geraldine Mattioli Zeltner, advocacy director of the international justice programme at Human Rights Watch (HRW). "Implementing that arrest warrant is a key aspect of that credibility." [...] Pressure on "Terminator" The arrest of Ntaganda - known as the Terminator from his time in Ituri - would give the ICC a welcome public relations boost in its fight against impunity. However, the government has refused to make the arrest, saying Ntaganda is too important to the ongoing peace process in the Kivu provinces. After leaving the UPC, Ntaganda went to Goma where he joined the National Congress for the Defence of the People (CNDP), led by Laurent Nkunda. He eventually forced Nkunda out and in early 2009 signed a peace deal with the government. Human rights groups accuse Ntaganda of atrocities in North Kivu, including masterminding the 2008 attack on the town of Kiwanja. A senior CNDP official told IRIN that Ntaganda was willing to go to The Hague - but not yet. "He doesn't fear the ICC at all," said Desire Kamanzi. "But he has a lot of work to do for his people and the community at large. He's not ready to surrender himself because of pressure from international activists." Activists like Kapiamba, however, insist Ntaganda belongs in a courtroom, not the national army. "His presence within the army is menacing victims and witnesses and contributing to worsening tension in the region," he said. SEE ALSO: ii. " Bosco Ntaganda : "wanted" mais pas trop..., " Esprit de Justice, 2 September 2010, http://justice-inter.blog.lemonde.fr/2010/09/02/bosco-ntaganda-wanted-mais-pas-tropâ¦/#xtor=RSS-32280322 IV. UPDATE ON INTERACTIVE RADIO FOR JUSTICE To listen to the latest radio programs of Interactive Radio for Justice, please go to: http://www.irfj.org/ i. "ICC Assembly of State Parties President Christian Wenaweser", IRJ, 2 August 2010 http://www.irfj.org/2010/08/9-icc-assembly-of-state-parties-president-christian-wenaweser/ ii. "ICC Registrar Silvana Arbia speaks on this program", IRJ, 2 August 2010 http://www.irfj.org/2010/08/9-icc-registrar-silvana-arbia-speaks-on-this-program/ V. PRESS ARTICLES i. "Prosecute to help stop rape in Congo," Editorial, The Globe and Mail, 9 September 2010, http://www.theglobeandmail.com/news/opinions/editorials/prosecute-to-help-stop-rape-in-congo/article1700260/ ii. "DRC: we must bring to justice those responsible for mass rape," UN, 7 September 2010, http://monuc.unmissions.org/Default.aspx?tabid=932&ctl=Details&mid=1096&ItemID=10371 iii. "While State Has Primary Responsibility for Protecting Civilians, Preventing Rapes in Democratic Republic of Congo, 'We Have Also Failed,' Says Top UN Official, " UN, 7 September 2010, http://www.un.org/News/Press/docs/2010/sc10021.doc.htm iv. "Congo mass rape numbers rise to 240," UN, 2 September 2010, http://www.bbc.co.uk/news/world-africa-11162177 vi. "Congolese Activists Call for International Tribunal in DRC," By Héritier Maila (IWPR), 27 July 2010, http://iwpr.net/report-news/congolese-activists-call-international-tribunal-drc vii. "UN envoy urges Congo and war crimes tribunal to prosecute rebels accused of mass rape," by Edith M. Lederer, Canadian Press, 31 August 2010, http://www.google.com/hostednews/canadianpress/article/ALeqM5jzZDc2rLkqujMa8SgIB6mGpfPiRg viii. "Mass rape victims in Luvungi, DRC tell their nightmare." (Des victimes des viols collectifs de Luvungi en RDC racontent leur calvaire) VOA, 26 August 2010, http://www.voanews.com/french/news/in-drc-some-victims-of-luvungi-mass-rape-speak-out-101602823.html (French) ix. "Congo-Kinhasa: Eastern insecurity dents Kabila image, " Oxford Analytica, 18 August 2010 http://www.reliefweb.int/rw/rwb.nsf/db900SID/VDUX-88FJTU?OpenDocument x. "Congo-Kinshasa: Supporting Accountability, Transparency and Non-Violence," Pambazuka News/All Africa, 12 August 2010, http://allafrica.com/stories/201008120996.html xi. "Analysis: Rethinking sexual violence in DRC, " IRIN, 6 August 2010 http://www.irinnews.org/Report.aspx?ReportId=90081 xii. "Call on President Kabila to create an Independent Commission on the Crisis of Sexual Violence in Eastern Congo, " MJPC, July 2010 http://mjpcongo.org/CommissionIndependante.aspx xiii. "Congolese Activists Call for International Tribunal in DRC," by Héritier Maila, IWPR, 23 July 2010, http://www.iwpr.net/report-news/congolese-activiists-call-international-tribunal-drc ****************************************** 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. 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