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DRC: Latest Statements, News and Opinions

07 Dec 2011

Dear all,

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

This message includes the latest statements and related news on elections in the DRC (I), updates on ongoing ICC proceedings (II) as well as other documents, news and statements (III).

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.

With regards,
CICC Secretariat
www.coalitionfortheicc.org

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I. DRC ELECTIONS

1. OTP-ICC STATEMENTS

i. �ICC Prosecutor: Those responsible for violence in the Democratic Republic of the Congo must face justice,� OTP-ICC statement, 6 December 2011, http://www.icc-cpi.int/NR/exeres/AD671C64-6ED7-4DCA-85B6-00581140D565.htm

�As the election process in the Democratic Republic of the Congo unfolds, let me reiterate what I already stated on November 11: we are closely watching the situation on the ground, and recourse to violence will not be accepted.

We continue to receive multiple reports of violent attacks against civilians, of fighting between rival factions, as well as attacks by armed groups and the national security forces.

We are urgently requesting information from the DRC authorities on the allegations that security forces fired at demonstrators. We welcome and are closely following the initiatives taken by national authorities to investigate and prosecute those responsible for such attacks against the civilian population.

I am also aware of reports of violence by armed groups apparently associated with different political parties, politicians and party officials against demonstrators from opposing parties.

Leaders from all sides must understand this: my Office is watching the situation in the DRC very closely. As we have shown in both Kenya and Cote d�Ivoire, planning and executing attacks on civilians for electoral gain will not be tolerated. This Court can investigate and prosecute you if you are responsible for committing ICC crimes, irrespective of position, and irrespective of political affiliation.

�I urge leaders, commanders, and politicians on all sides to calm your supporters. Electoral violence is no longer a ticket to power, I assure you. It is a ticket to The Hague.��

ii. �ICC Prosecutor: we are closely monitoring the situation in the Democratic Republic of the Congo,� OTP-ICC statement, 11 November 2011, http://www.icc-cpi.int/menus/icc/press and media/press releases/statement111111

�ICC Prosecutor Luis Moreno-Ocampo is monitoring �with the utmost vigilance� the electoral process in the Democratic Republic of the Congo, where investigations have been ongoing since June 2003.
�The use of violence will not be tolerated,� he said. �My Office is gathering and carefully reviewing converging reports of both verbal and physical violence arising out of the electoral campaign for the presidential and parliamentary elections on 28 November.�

The Prosecutor called upon all parties involved in the electoral process not to resort to violence, noting that the ICC has jurisdiction to investigate and prosecute the perpetrators of serious crimes committed either in the Democratic Republic of the Congo or by Congolese nationals since 1 July 2002.

�We are keeping watch to ensure that the process does not lead to acts of violence or attacks against the civilian population. We are paying particular attention to reports of inciting hatred, exclusion and physical violence by various political figures in Kinshasa and across the entire country,� he said from The Hague. �Electoral violence can result in the commission of crimes falling within our jurisdiction. No one should doubt our resolve to prevent crimes or, if need be, prosecute individuals, as we are doing in Kenya and C�te d�Ivoire.�

�As the Congolese Minister of Justice, Mr Luzolo Bambi Lessa, said on Wednesday, my Office is in a position to document any crime within its jurisdiction and, in coordination with domestic courts, will take all necessary action to investigate such crimes.�

The Prosecutor reiterated that persons alleged to have committed serious crimes, such as Bosco Ntaganda, for whom the Court has issued an arrest warrant, must be arrested and put on trial.

�The electoral process should not feed a sense of impunity on the part of those responsible for such crimes. On the contrary, it should strengthen the rule of law and the fight against impunity.��

2. COALITION MEMBER STATEMENTS

i. DR Congo: Rein in Security Forces: Tensions Mount Ahead of Election Results,� Human Rights Watch, 2 December 2011, www.hrw.org/news/2011/12/02/dr-congo-rein-security-forces

ii. �DR Congo: Arrest Candidate Wanted for Mass Rape,� Human Rights Watch, 2 November 2011, http://www.hrw.org/news/2011/11/02/dr-congo-arrest-candidate-wanted-mass-rape

iii. �DR Congo: Candidates Should Not Incite Violence: Security Services Should Cease Attacks on Candidates and Demonstrators,� Human Rights Watch, 28 October 2011, www.hrw.org/news/2011/10/28/dr-congo-candidates-should-not-incite-violence

iv. �Call for calm in DRC polls,� (Appel au scrutin apais� en RDC), DRC National Coalition, 27 November 2011, http://coalitionfortheicc.org/documents/Appel_au_Scrutin_apaise_CN-CDI.pdf [in French]

v. �Elections in Egypt and the DRC: Hope for A Better Future,� WITNESS, 28 November 2011
http://blog.witness.org/2011/11/elections-in-egypt-and-the-drc-hope-for-a-better-future/

3. RELATED NEWS AND OPINIONS

i. �Congo Republic Says Thousands Flee Kinshasa Fearing Vote Unrest,� Bloomberg, 5 December 2011, http://www.businessweek.com/news/2011-12-05/congo-republic-says-thousands-flee-kinshasa-fearing-vote-unrest.html

ii. �At least 18 civilians killed during DR Congo vote,� AFP, 2 December 2011
http://www.brecorder.com/world/africa/37394.html

iii. �Kabila guards shot Congo protesters: rights body,� by Jonny Hogg, Reuters
2 December 2011, http://af.reuters.com/article/topNews/idAFJOE7B104O20111202

iv. �DRC Security Forces Ready for Possible Post-Election Violence,� VOA, 2 December 2011, http://www.voanews.com/english/news/africa/central/DRC-Security-Forces-Ready-for-Possible-Post-Election-Violence--134897463.html

v. �Kabila leads Congo poll - partial vote tally,� Reuters, 2 December 2011, http://af.reuters.com/article/commoditiesNews/idAFL5E7N23RM20111202

vi. �UN concern over DRC vote killings,� AFP, 1 December 2011
http://www.news24.com/Africa/News/UN-concern-over-DRC-vote-killings-20111201

vii. �The DRC votes: What next?� by Laura Seay, Al Jazeera, 1 December 2011, http://www.aljazeera.com/indepth/opinion/2011/12/201112163932287226.html

viii. �Congo's Election Chaos: When Having the Vote Fixes Nothing,� by Alex Perry, Time, 30 November 2011, http://globalspin.blogs.time.com/2011/11/30/congos-election-chaos-when-having-the-vote-fixes-nothing/

ix. �Election Day Calm in Eastern DRC,� by M�lanie Gouby, IWPR, 30 November 2011, http://iwpr.net/report-news/election-day-calm-eastern-drc

x. �DR Congo candidates demand annulment of elections,� AFP, 29 November 2011, http://www.nation.co.ke/News/africa/DR+Congo+candidates+demand+annulment+of+elections/-/1066/1281488/-/iqyvmmz/-/

xi. �Congolese elections proceed despite fears of violence and fraud,� Impunity Watch, 28 November 2011, http://impunitywatch.com/?p=22076

xii. �DR Congo votes in campaign marred by violence,� AFP, 28 November 2011, http://www.bangkokpost.com/news/world/268292/police-block-dr-congo-opposition-leader-on-way-to-vote

xiii. �DRC Braced for Crucial Vote,� by M�lanie Gouby, IWPR, 28 November 2011, http://iwpr.net/report-news/drc-braced-crucial-vote-0

xiv. �Congo braced for stormy election marred by violence,� by Daniel Howden, The Independent, 28 November 2011, http://www.independent.co.uk/news/world/africa/congo-braced-for-stormy-election-marred-by-violence-6268901.html

xv. �In Congo election, outcome is all but certain and violence is likely,� by Robyn Dixon, LA Times, 28 November 2011, http://www.latimes.com/news/nationworld/world/la-fg-congo-elections-20111128,0,861306.story

xvi. �DR Congo's displaced see vote as route home: For the internally displaced living in DRC's camps, voting in Monday's election is a first step towards returning home,� by Azad Essa, Al Jazeera, 27 November 2011, http://www.aljazeera.com/indepth/features/2011/11/20111127427465129.html

xvii. �DR Congo voters: What elections mean to us: Citizens in eastern DRC tell Al Jazeera why they are looking forward to national elections on November 28,� by Azad Essa, Al Jazeera, 26 November 2011, http://www.aljazeera.com/indepth/features/2011/11/201111264326963783.html

xviii. �DR Congo elections: more questions than answers,� Al Jazeera, 22 November 2011, http://stream.aljazeera.com/story/dr-congo-elections-more-questions-answers-0021878

xix. �Election Mania Sweeps Across Congo�s Troubled East,� by Heather Murdock, Voice Of America, 22 November 2011, http://www.voanews.com/english/news/africa/Election-Mania-Sweeps-Across-Congos-Troubled-East-134333628.html

xx. �Congo's violent election countdown reflects rejection of regime� Guardian Blog,
22 November 2011, http://www.guardian.co.uk/global-development/poverty-matters/2011/nov/22/congo-violent-election-countdown

xxi. �Opposition MP shot dead in DR. Congo: police,� AFP, 22 November 2011, http://news.yahoo.com/opposition-mp-shot-dead-dr-congo-police-112658878.html;_ylt=AsDzhxM9Pw2A3V7_huoZUKFvaA8F;_ylu=X3oDMTNlbzlxOTN2BG1pdAMEcGtnAzMyODU0NjE2LTVlMDEtMzY2ZS05MWQ4LWFkNGJlNjcyMzg0NQRwb3MDMgRzZWMDbG5fQWZyaWNhX2dhbAR2ZXIDMmVhNzYyYjAtMTVkMy0xMWUxLWI3ZGYtMGVhNjFjMTBiYmU5;_ylv=3

xxii. �DRC Opposition Candidate Denies Calling for Violence,� VOA News, 17 November 2011
http://www.voanews.com/english/news/africa/DRC-Opposition-Candidate-Denies-Calling-for-Violence-134059258.html

xxiii. �Congolese Presidential Candidate Orders Jail Breaks,� NPR, 17 November 2011
http://www.npr.org/2011/11/17/142437684/presidential-candidate-orders-congo-supporters-to-stage-jail-breaks

xxiv. �DRC elections: Bemba supporters still in the game,� by Alice Bafiala, RNW, 16 November 2011, http://www.rnw.nl/africa/article/drc-elections-bemba-supporters-still-game

xxv. �ICC keeping watch on DRC,� UPI, 14 November 2011
http://www.upi.com/Top_News/Special/2011/11/14/ICC-keeping-watch-on-DRC/UPI-10331321290675/

xxvi. �Congo police acquire equipment ahead of elections,� Xinhua, 13 November 2011, http://www.nation.co.ke/News/africa/Congo+police+acquire+equipment+ahead+of+elections/-/1066/1272580/-/4yfkjuz/-/index.html

xxvii. �Tensions grow in Congo opposition heartlands,� by Jonny Hogg, Reuters, 13 November 2011, http://www.reuters.com/article/2011/11/13/us-congo-democratic-opposition-idUSTRE7AC0GN20111113

xxviii. �DR Congo: ICC puts DRC poll violence sponsors on watchlist,� PANA, 12 November 2011
http://www.afriquejet.com/poll-dr-congo-2011111227101.html

xxix. �Congo civilians beaten for supporting opponents of president, says UN report,� by David Smith, Guardian, 11 November 2011, http://www.guardian.co.uk/world/2011/nov/11/congo-civilians-beaten-un-report?newsfeed=true

xxx. �An Unruly Election Campaign Mirrors Congo�s Lingering Political Instability,� by Josh Kron, NY Times, 9 November 2011, http://www.nytimes.com/2011/11/10/world/africa/unruly-election-campaign-mirrors-congos-instability.html?_r=1

xxxi. �Elections Could Destabilise DRC,� by M�lanie Gouby, IWPR, 9 November 2011, http://iwpr.net/report-news/elections-could-destabilise-drc

xxxii. �UN: Repression ahead of this month�s presidential vote in Congo could lead to more violence,� AP, 9 November 2011, http://www.washingtonpost.com/world/africa/un-human-rights-office-repression-endangers-democracy-in-congo-could-lead-to-more-violence/2011/11/09/gIQA87Rf4M_story.html

xxxiii. �Pre-poll clashes erupt in DRC,� Sapa-AFP, 7 November 2011, http://www.iol.co.za/news/africa/pre-poll-clashes-erupt-in-drc-1.1173279

xxxiv. �Congo's election season gets rough start with hate speech, violence,� by Jason K. Stearns, Christian Science Monitor, 7 November 2011, http://www.csmonitor.com/World/Africa/Africa-Monitor/2011/1107/Congo-s-election-season-gets-rough-start-with-hate-speech-violence

xxxv. �Congo Election 2011: Ntabo Ntaberi Sheka, Accused War Criminal, To Run For Parliament,� Huffington Post, 3 November 2011 http://www.huffingtonpost.com/2011/11/03/congo-election-2011_n_1073582.html

II. COURT UPDATES

A. LUBANGA TRIAL

1. �Historic First ICC Trial Draws To a Close: Child Soldier Issues Remain a Challenge,� by Bukeni Waruzi, program manager for Africa and the Middle East at WITNESS and former director and founder of AJEDI-Ka/Projet Enfants Soldats, The Monitor, No. 43 / November 2011-April 2012, Coalition for the International Criminal Court, http://www.coalitionfortheicc.org/documents/monitor43_english.pdf

�IN THE DEMOCRATIC Republic of Congo (DRC)�its eastern region in par�ticular�many children have been recruit�ed and used as child soldiers by all parties in the armed conflicts that have ravaged the country since 1996. These children were first seen as heroes for spilling their blood in bringing Laurent Desire Kabila to power in Kinshasa in 1997, and then as criminals for having been forced to commit crimes that for the most part left them�as well as their communities�se�verely traumatized. Today, many of these children are considered victims under the Rome Statute of the ICC and the law on the protec�tion of children adopted by the DRC in January 2009.
The gravity of the destruction entailed in the recruitment and use of child soldiers lies not only in the loss of the joys of childhood and education to guns and violence, but also in the permanent stigmatisation and the reduction of the human value of the child, which will undoubtedly continue to affect the offspring of these former child soldiers. No reparation of any kind can change this�.�

2. �Victims in the Lubanga case await the ICC�s first verdict,� by Marion Colin, Victims� Rights Working Group Bulletin, Winter 2011, http://www.vrwg.org/ACCESS/ENG19.pdf

�After two years and seven months of hearings, the first trial before the ICC ended on 26 August 2011. Thomas Lubanga Dyilo is accused of having committed war crimes of con-scripting, enlisting and using children under the age of 15 years for armed purposes in the Ituri region between September 2002 and August 2003. Lubanga has been held in custody since 2006, and the denouement of his trial has been long awaited by victims, many of whom have grown from former child soldiers to young adults while waiting for justice to be done.

This trial has raised due process and fair trial issues such as disclosure of evidence, reliability of witnesses and the role of intermediaries. As the first completed trial, the case�s com-plications and successes will likely serve as an example for future trials, especially regarding victims‟ participation and contribution to the implementation of victim�s rights before the ICC, victims and witnesses protection and information-sharing�.�

3. �Summary of the closing statements in The Prosecutor v. Thomas Lubanga Dyilo,� Special Issue of Legal Eye on the ICC, Women's Initiatives for Gender Justice, October 2011,
http://www.iccwomen.org/news/docs/LegalEye_Oct11/LegalEye10-11.html#1

READ FULL SUMMARY: http://www.iccwomen.org/news/docs/LegalEye_Oct11/LegalEye10-11.html#1

4. �Summary of the Closing Statements in The Prosecutor v. Thomas Lubanga Dyilo,� by Women's Initiatives for Gender Justice, Lubanga Trial Blog, 3 November 2011, http://www.lubangatrial.org/2011/11/03/summary-of-the-closing-statements-in-the-prosecutor-v-thomas-lubanga-dyilo/

5. �ICC: Lubanga Verdict Expected Early Next Year,� by Melissa Kaplan, Citizens for Global Solutions, 17 November 2011, http://globalsolutions.org/blog/2011/11/icc-lubanga-verdict-expected-early-next-year

6. �The Prosecutor v. Thomas Lubanga Dyilo � a turbulent but promising retrospective,� by Danya Chaikel, The Hague Justice Portal, 17 November 2011, http://www.haguejusticeportal.net/eCache/DEF/12/989.TGFuZz1FTg.html

7. �Lubanga Judgment to be Delivered in English,� By Wairagala Wakabi, Lubanga Trial Blog, 15 Nov 2011, http://www.lubangatrial.org/2011/11/15/lubanga-judgment-to-be-delivered-in-english/

8. �The Democratic Republic of Congo�s Failure to Address Impunity for International Crimes: A View from Inside the Legislative Process 2010-2011,� By Patryk Labuda, Lubanga Trial Blog, 8 November 2011, http://www.lubangatrial.org/2011/11/08/the-democratic-republic-of-congo’s-failure-to-address-impunity-for-international-crimes-a-view-from-inside-the-legislative-process-2010-2011/

B. KATANGA/NGUDJOLO TRIAL

1. �ICC/KATANGA � Victimes request hearings of Ugandan and Congolese officials,� Fondation Hirondelle � Hirondelle News Agency, 24 November 2011, http://www.hirondellenews.com/content/view/15022/564/

2. �Ngudjolo Concludes his Testimony, Trial Ending,� by Jennifer Easterday, Katanga Trial Blog, 16 November 2011, http://www.katangatrial.org/2011/11/ngudjolo-concludes-his-testimony-trial-ending/

3. �ICC/NGUDJOLO � Prosecution �protects Kabila and Museveni�, Ngudjolo claims,� Fondation Hirondelle � Hirondelle News Agency, 10 November 2011, http://www.hirondellenews.com/content/view/14981/1176/

4. �ICC/KATANGA � Ngudjolo denies being in Bogoro the day of the massacres,� Fondation Hirondelle � Hirondelle News Agency, 7 November 2011, http://www.hirondellenews.com/content/view/14972/564/

5. �Case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui, Summary of the proceedings,� (07-11 November 2011)
http://www.youtube.com/watch?v=kd9rl21h-hU
Audio (mpeg3) for download:
http://www.fileserver.icc-cpi.info/audio/111116_Katanga&Ngudjolo.mp3
Video (mpeg4) for download:
http://www.fileserver.icc-cpi.info/video/111116_Katanga&Ngudjolo.mp4

6. �Case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui, summary of the proceedings,� (24-28 October 2011)
http://www.youtube.com/watch?v=l2_3s7dXHzE
Audio (mpeg3) for download:
http://www.fileserver.icc-cpi.info/audio/111102_Katanga&Ngudjolo.mp3
Video (mpeg4) for download:
http://www.fileserver.icc-cpi.info/video/111102_Katanga&Ngudjolo.mp4

III. OTHER DOCUMENTS, NEWS AND OPINION

A. DOCUMENTS

1. �LRA Report card #3: Obama improves his grades, but still has a lot of work to do,� by Annette LaRoco, Enough project, 21 November 2011, http://enoughproject.org/blogs/lra-report-card-3-obama-improves-his-grades-still-has-lot-work-do

2. �The Lord�s Resistance Army: End Game?� International Crisis Group, 17 November 2011, http://www.crisisgroup.org/en/publication-type/media-releases/2011/africa/lord-s-resistance-army-end-game.aspx

3. �Implementing Peace and Security Architecture (I): Central Africa,� International Crisis Group, 7 November 2011, http://www.crisisgroup.org/en/publication-type/media-releases/2011/africa/implementing-peace-and-security-architecture-I-central-africa.aspx

4. �Declaration from the Dungu Workshop,� 20 civil society organizations, 11 November 2011
http://www.hrw.org/news/2011/11/11/declaration-dungu-workshop

5. �Letter to President Barack Obama From Civil Society Representatives in LRA-affected areas of the Democratic Republic of Congo, Central African Republic and South Sudan,� 20 civil society organizations, 11 November 2011
http://www.hrw.org/news/2011/11/11/letter-president-barack-obama-civil-society-representatives-lra-affected-areas-democ

6. �Letter to Central African Republic President Fran�ois Boziz� From Civil Society Representatives in LRA-affected areas of the Democratic Republic of Congo, Central African Republic and South Sudan,� 20 civil society organizations, 11 November 2011
http://www.hrw.org/news/2011/11/11/letter-central-african-republic-president-fran-ois-boziz-civil-society-representativ

7. �A window for reform in Eastern Congo: November�s election and three achievable steps on conflict minerals,� Enough Project, 3 November 2011
http://enoughproject.org/publications/window-reform-eastern-congo-november’s-elections-and-three-achievable-steps-conflict?link=3

B. NEWS AND OPINION

1. �Illegal mining in DRC could be seen as war crime by ICC,� RNW, 5 December 2011, http://www.rnw.nl/africa/article/illegal-mining-drc-could-be-seen-war-crime-icc

2. �Tough hunt for Lord�s Resistance Army in central Africa,� AFP, 2 December 2011, http://www.nation.co.ke/News/africa/Tough+hunt+for+Lord+s+Resistance+Army+in+central+Africa+++/-/1066/1283264/-/utxl0fz/-/

3. �DRC army attempts to integrate former rebels: As disputed poll continues, army struggles to integrate hundreds of thousands of rebel fighters in east,� Al Jazeera, 30 November 2011, http://www.aljazeera.com/video/africa/2011/11/20111130151011809830.html [VIDEO]

4. �U.N. committee sanctions Congo militia chief,� Reuters, 29 November 2011, http://www.reuters.com/article/2011/11/29/us-congo-democratic-un-idUSTRE7AS1UO20111129

5. �Congo: 'The world forgets we are survivors': Images of conflict and violence dominate media coverage of the DRC, creating vicious cycle that perpetuates problems,� by Azad Essa, Al Jazeera, 28 November 2011, http://www.aljazeera.com/indepth/spotlight/congoelections/2011/11/20111127195930419415.html

6. �UPDF in fresh plunder claims of Congo minerals,� by Tabu Butagira, Daily Monitor, 27 November 2011, http://www.monitor.co.ug/News/National/-/688334/1279652/-/bgpammz/-/

7. ��Justice now�: campaign for justice in the Democratic Republic of Congo,� Passy Mubalama, RNW, 26 November 2011, http://www.rnw.nl/africa/article/“justice-now”-campaign-justice-democratic-republic-congo

8. �In-depth: On the trail of the LRA,� IRIN, 21 November 2011, http://www.irinnews.org/InDepthMain.aspx?indepthid=92&reportid=94260

9. �As Obama Deploys on LRA, It's Not With UN, ICC Coverage Unclear,� by Matthew Russell Lee, Inner City Press, 14 November 2011
http://www.innercitypress.com/lra1obama111411.html

10. �Warlords undermine EU security mission in Congo,� by Andrew Willis, EU Observer, 14 November 2011 , http://euobserver.com/1019/114174

11. �Rwanda to extradite warlord Nkunda to Congo?� RNW, 1 November 2011
http://www.rnw.nl/international-justice/article/rwanda-extradite-warlord-nkunda-congo

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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.