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Updates on Democratic Republic of Congo

31 Dec 2005

On 9 September 2005, the Counsel of Ministers (the Cabinet) adopted the draft ICC implementing legislation bill and as well as the Agreement on the Privileges and Immunities of the Court. The bill must now be adopted by the National Parliament.

On 2 August 2005, the ICC implementation bill had been adopted by the Governmental Commission in Charge of Political Defense and Security Affairs.

The government completed its draft implementing legislation, after consultations with judges of the Supreme Court, lawyers, civil society, members of the law reform commission and law professors.

The draft legislation includes provisions on cooperation and the incorporation of crimes under the Rome Statute. The draft also raises the age of criminal responsibility from 16 to 18, and calls for supplementary measures to ensure objective assessments of the age of the accused. Furthermore, the legislation reasserts the universal jurisdiction of the Congolese courts (provided under Article 3 of the Criminal Code). The draft was presented and defended before a range of stakeholders (the Law Reform Commission, Judiciary Section of the Supreme Court, Presidency and various Ministries) in October 2002.

A permanent commission was created in April 2002 to update national legislation, and an interest in working with NGOs was expressed.

In February 2002, a draft of the decree for ratification was prepared by the Minister of Justice and sent to the Minister of Foreign Affairs, and was then sent to the President for signature.

Agence France Presse reported on 6 December 2001, the Minister of Human Rights, Ntumba Luaba, commented, "It is in the best interest of the DRC to ratify the Rome Statute for the ICC not only because it is a victim of an unjustified aggression, but also because it is a State of Law which has accepted the jurisdiction of the International Court."

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News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		Updates on Democratic Republic of Congo 31 Dec 2005 On 9 September 2005, the Counsel of Ministers (the Cabinet) adopted the draft ICC implementing legislation bill and as well as the Agreement on the Privileges and Immunities of the Court. The bill must now be adopted by the National Parliament. On 2 August 2005, the ICC implementation bill had been adopted by the Governmental Commission in Charge of Political Defense and Security Affairs. The government completed its draft implementing legislation, after consultations with judges of the Supreme Court, lawyers, civil society, members of the law reform commission and law professors. The draft legislation includes provisions on cooperation and the incorporation of crimes under the Rome Statute. The draft also raises the age of criminal responsibility from 16 to 18, and calls for supplementary measures to ensure objective assessments of the age of the accused. Furthermore, the legislation reasserts the universal jurisdiction of the Congolese courts (provided under Article 3 of the Criminal Code). The draft was presented and defended before a range of stakeholders (the Law Reform Commission, Judiciary Section of the Supreme Court, Presidency and various Ministries) in October 2002. A permanent commission was created in April 2002 to update national legislation, and an interest in working with NGOs was expressed. In February 2002, a draft of the decree for ratification was prepared by the Minister of Justice and sent to the Minister of Foreign Affairs, and was then sent to the President for signature. Agence France Presse reported on 6 December 2001, the Minister of Human Rights, Ntumba Luaba, commented, "It is in the best interest of the DRC to ratify the Rome Statute for the ICC not only because it is a victim of an unjustified aggression, but also because it is a State of Law which has accepted the jurisdiction of the International Court."