Femmes du Congo

International Justice (ICC)

The International Criminal Court (ICC) is an independent, permanent and universal court which was established by an international Treaty adopted in Rome, Italy on 17 July 1998 by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court. The ICC Statute is an international treaty, binding only on those States which formally express their consent to be bound by its provisions. DRC became a party to the Statute on April 11, 2002. But the Court cannot prosecute crimes that were committed before the 1rst of July 2002.

The International Criminal Court (ICC) tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes.

Currently, the Court indicted two persons in relations with crimes committed in Eastern DRC.

Thomas Lubanga Dyilo is the leader of a political and military movement, the UPC (Union of Congolese Patriots). Before setting up his own movement, Lubanga was Military Commander of the Congolese Assembly for Democracy – Liberation Movement (RCD-ML). He is charged with war crimes (enlisting child soldiers). To read the indictment, follow the link, http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-2_tEnglish.pdf

Germain Katanga aka «Simba», is allegedly the highest ranking leader of the Patriotic Resistance Force in Ituri (FRPI) since the beginning of 2003. On 11 December 2004, he is alleged to have been promoted to the rank of General in the Army of the Democratic Republic of Congo. He is accused with many different crimes; one of them is crime against humanity (sexual slavery). Before the trial, the Judges need to confirm the charges to officially charge him. A hearing is scheduled for 28 February 2008. To read the warrant of arrest, follow the link http://www.icc-cpi.int/library/cases/ICC-01-04-01-07-1_tEnglish.pdf

The Women’s organisations noted with satisfaction, for the first time in a case concerning the DRC, the prosecution had decided to include accusations of sexual violence. In fact, despite voluminous evidence of sexual violence brought to the attention of the Prosecutor and the International Court in the Lubanga case, the warrant made no mention of any accusation of violence committed against Congolese women and girls.

Nevertheless, given the scale of sexual violence committed in the eastern DRC by all of the parties involved in the conflict, the Women’s organisations were surprised that the warrant for Germain Katanga limited itself to accusations of sexual slavery. It appears extremely difficult to disassociate sexual slavery from other violence committed concomitantly against women, such as rape, forced pregnancy, other forms of sexual violence of comparable seriousness and torture. In fact, as they are now formulated, the accusations against Germain Katanga fail to take into account the diversity and extent of the sexual violence committed.

Since the International Criminal Court came into being, Congolese women and girls assisted and supported by civil society organizations have been waiting and hoping for concrete action on sexual violence by the highest international criminal authority. They stress that women and girls are the first victims of armed conflict, that violence against women is particularly serious and that it should be prosecuted to the full extent of the law.

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