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Congo
RDC |
JUSTICE
Kisangani’s civil society pleads for the establishment of
an international
court of justice for RD- Congo
In international law, there are crimes which come under the heading «war crimes» or «crimes against humanity». It’s especially true of such crimes as aggression, massacres, assassinations, destruction of property, torture, inhuman treatment, unexplained disappearances, rape, sexual slavery, etc.
Congo RDC has been no stranger to these crimes during the country’s recent wars — wars euphemistically described as «wars of liberation», which started in November 1996. Kisangani’s civil society tackled the whole question during a seminar on: «Impunity and Justice during the Transition Period», organized in Kisangani by the human rights network of the Eastern Province and the Kinshasa International Human Rights Law Group.
Analysis and questions
The seminar started by pinpointing those criminal acts which militated against the dignity of the individual, and sought to identify the people deemed responsible for serious violations of international law. i.e. war crimes and crimes against humanity, such as genocide. In particular, participants noted the bombardment of the camps of Rwandan refugees on 15 November 1996 in Mugongo; the recruitment of child soldiers; the burial alive of fifteen women in Makobola in 1999; the fighting in Kisangani and Butembo between allies of the Congolese Rally for Democracy in 1999 and 2000, which resulted in the death of many civilian victims and considerable material damage.
Also included are those illegal acts which disregard human liberty, collective punishments, inhuman torture and treatment, bad conditions of imprisonment, inciting others to commit such crimes.
Kisangani’s civil society wonders what should be done during the transition period vis à vis this cruelty. Should the guilty go unpunished? Is it necessary to apply the law, in all its rigour, according to Congo’s present national legal system? Should use be made of a Truth and Reconciliation Commission? Or, should an international court of justice be instituted?
Use could be made of Congo’s present legal system, provided that: Such a legal system is impartial in its judgements; it can include international law regarding genocide; it can accept the principle according to which crimes coming under international law cannot be rendered null and void; and finally that all those working within the legal system have the necessary competencies.
And what about a Truth and Reconciliation Commission which would inquire into, and determine the existence and extent of human rights violations in Congo RDC? Such a Commission could be made up of both Congolese (provided they are credible) and international experts. This would ensure the Commission is open and the Media would have free access to the hearings. Also, civil society and other interested parties could be associated with it. It would deal with facts as they really happened, and could summon witnesses to appear before it. Likewise, it could sub poena any documents deemed necessary to shed light on the affair under scrutiny. The Commission would recommend appropriate compensation due to victims, and would grant amnesties whenever necessary.
Another solution is to clean-up the public administration —sacking some political personalities, civil servants and senior military personnel.
The international court
The last solution, adopted by the seminar, is the pursuit of criminals through the establishment of an international court of justice. The fact is, when citizens are accused of these serious crimes mentioned above, difficulties arise from the legal point of view in the judicial system and legislation of the country concerned, whereas international law already provides the necessary legal frame-work, such as the various United Nations conventions and human rights charters.
Civil society thus asks: «What would be the legal competence of an international court of justice in Congo RDC‘s situation?» Such a court would be competent to judge Congo’s own citizens, and citizens from other countries accused of human rights violations in Congo RDC between 1 November 1996 and the current period, which is taken to be the end of the war.
This court will have following features. It will have a special jurisdiction of a mixed nature, with a juridical basis stemming from the authority of the UN Security Council, so that accused persons can be extradited from other countries. There will be judges from Congo RDC and from other countries. The same applies to the prosecutors. The court will be competent to try cases against international law, such as genocide, crimes against humanity and war crimes. The court will be strictly neutral. The safety of the judges, witnesses and accused will have to be assured. The court must have access to all possible information. It must be able to function both within the country and outside the country.
Civil society in Congo RDC‘s Eastern Province is calling for all appropriate measures to be taken so that justice can be done and seen to be done. May the international community heed this call and act in such a way that there may be long-lasting peace in Congo and the Great Lakes Region.
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