Democratic Republic of the Congo

Summary

For over 25 years, the Democratic Republic of the Congo has been experiencing a violent conflict situation involving a variety of armed groups in its eastern parts. Sexual violence is a very frequent occurrence and is used as a weapon of war in the areas affected by the conflict. While there have been extensive efforts to combat sexual violence against women and girls, sexual violence against men and boys is overlooked and not directly addressed.

Ground Report

View our ground report on the situation in the DRC here.

International Treaties

1. International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR).

2. International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3 (ICESCR).

3. Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3 (CRC).

4. Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 2002

5. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (adopted 10 December 1984, entered into force 26 June 1987) 1465 UNTS 85 (CAT).

6. Rome Statute of the International Criminal Court (adopted 17 July 1998, entered into force 1 July 2002) 2187 UNTS 3.

Regional Treaties

1. African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986) 21 ILM 58 (African Charter).

2. African Charter on the Rights and Welfare of the Child (adopted 11 July 1990, entered into force 29 November 1999).

3. African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention, adopted 23 October 2009, entered into force 6 December 2012).

Domestic Law

1. The Constitution of the Democratic Republic of the Congo 2005, as amended through 2011.

2. Penal Code, 2004. (available only in French)

3. The Democratic Republic of the Congo Military Penal Code 2002. (available only in French)

4. Penal Code Amendment on Sexual Offences, 2006. (available only in French)

Case Law: International Courts and Tribunals

International Criminal Court

I Case Title : Situation in the Democratic Republic of the Congo

Case Citation : ICC-01/04

Investigation led to a number of cases, which have involved charges that include the following crimes:

war crimes: enlisting and conscripting child soldiers under the age of fifteen years and using them to participate actively in hostilities; murder and attempted murder; wilful killing; attacking civilians; rape; sexual slavery of civilians; pillaging; displacing civilians; attacking protected objects; destroying property; rape; sexual slavery; mutilation; cruel treatment; torture; destruction of property; pillaging and outrages against personal dignity; and
crimes against humanity: murder and attempted murder; torture; rape; sexual slavery; inhuman acts; persecution; forcible transfer of population, attacking a civilian population; destroying property; and pillaging.

Link : https://www.icc-cpi.int/drc https://

(i) Case Title : The Prosecutor v. Thomas Lubanga Dyilo

Case Citation : ICC-01/04-01/06

Charges : On 14 March 2012, Trial Chamber I decided unanimously that Thomas Lubanga Dyilo is guilty, as a co-perpetrator, of the war crimes of conscripting and enlisting children under the age of 15 and using them to participate actively in hostilities from 1 September 2002 to 13 August 2003. On 10 July 2012, On 1 December 2014, the Appeals Chamber confirmed, by majority, the verdict declaring Mr Lubanga guilty and the decision sentencing him to 14 years of imprisonment

Status : The reparations proceedings started on 7 August 2012.

Sentence : On 19 December 2015, Mr Lubanga was transferred to a prison in the DRC to serve his sentence of imprisonment.

Country : Democratic Republic of Congo

Link : www.icc-cpi.int/CaseInformationSheets/LubangaEng.pdf

(ii) Case Title : The Prosecutor v. Bosco Ntaganda

Case Citation : ICC-01/04-02/06

Charges : Mr Ntaganda was found guilty of crimes against humanity (murder and attempted murder, rape, sexual slavery, persecution, forcible transfer and deportation) and war crimes (murder and attempted murder, intentionally directing attacks against civilians, rape, sexual slavery, ordering the displacement of the civilian population, conscripting and enlisting children under the age of 15 years into an armed group and using them to participate actively in hostilities, intentionally directing attacks against protected objects, and destroying the adversary’s property).While the evidence did not sustain all incidents indicated by the Prosecutor, it did demonstrate that in relation to each of the 18 counts at least part of the charges were proven beyond any reasonable doubt. The Chamber has found that Mr Ntaganda was liable as a direct perpetrator for parts of the charges of three of the crimes, namely murder as a crime against humanity and a war crime and persecution as a crime against humanity, and was an indirect perpetrator for the other parts of these crimes. He was convicted as an indirect perpetrator for the remaining crimes.

Status : Trial opened on 2 September 2015 and closing statements heard from 28 to 30 August 2018. Subject to appeals. In ICC custody.

Sentence : Found guilty on 8 July 2019. Sentenced to 30 years imprisonment on 7 November 2019.

Link : https://www.icc-cpi.int/drc/ntaganda

(iii) Case Title : The Prosecutor v. Germain Katanga

Case Citation : ICC-01/04-01/

Charges : Trial Chamber II found German Katanga guilty, as an accessory, within the meaning of article 25(3)(d) of the Rome Statute, of one count of crime against humanity (murder) and four counts of war crimes (murder, attacking a civilian population, destruction of property and pillaging) committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the DRC.

Status : The judgment is final as parties have discontinued their appeals.

Sentence : Found guilty on 7 March 2014 of one count of crime against humanity and 4 counts of war crimes committed on 24 February 2003 during the attack on the village of Bogoro (DRC). Sentenced on 23 May 2014 to a total of 12 years’ imprisonment. On 13 November 2015, the Appeals Chamber reviewed the sentence and decided to reduce it. On 19 December 2015, Germain Katanga was transferred to a prison facility in the Democratic Republic of the Congo (DRC) to serve his sentence of imprisonment.The date for the completion of the sentence is set to 18 January 2016. Order on reparations to victims: 24 March 2017. Confirmed in appeals: 8 March 2018

Link : https://www.icc-cpi.int/drc/katanga

(iv) Case Title : The Prosecutor v. Callixte Mbarushimana

Case Citation : ICC-01/04-01/10

Charges : The Prosecution alleges that Callixte Mbarushimana is criminally responsible under article 25(3)(d) of the Rome Statute for:

-Five counts of crimes against humanity: murder, torture, rape, inhumane acts and persecution;

-Eight counts of war crimes: attacks against the civilian population, murder, mutilation, torture, rape, inhuman treatment, destruction of property and pillaging.

Status : Closed

Sentence : On 16 December 2011, Pre-Trial Chamber I declined to confirm charges of crimes against humanity and war crimes against Callixte Mbarushimana. Released from ICC custody on 23 December 2011.The Majority of the Chamber found that there was not sufficient evidence to establish substantial grounds to believe that Callixte Mbarushimana could be held criminally responsible, under article 25(3)(d) of the Rome Statute, for the eight counts of war crimes and five counts of crimes against humanity brought against him by the Prosecutor. On 23 December 2011, Mr Mbarushimana was released from the ICC custody, in accordance with the Chamber’s decision.

Country : Democratic Republic of Congo Link : https://www.icc-cpi.int/drc/mbarushimana

(v). Case Title : The Prosecutor v. Sylvestre Mudacumura

Case Citation : ICC-01/04-01/12

Charges : In accordance with the warrant of arrest, Sylvestre Mudacumura has allegedly engaged his criminal responsibility as an indirect co-perpetrator under article under article 25(3)(b) of the Rome Statute for nine counts of war crimes, allegedly committed in the Kivu Provinces of the DRC, between 20 January 2009 and the end of September 2010: (i) Murder; (ii) Mutilation; (iii) Cruel treatment; (iv) Torture; (v) Outrage upon personal dignity; (vi) Attack against the civilian population; (vii) Pillaging; (viii) Rape; (ix) Destruction of property.

Status : Until Mr Mudacumura is arrested and transferred to the seat of the Court in The Hague, the case will remain in the Pre-Trial stage.

Sentence : A warrant of arrest was issued for Sylvestre Mudacumura on 13 July 2012. The suspect is still at large.

Country : Democratic Republic of Congo

Link : https://www.icc-cpi.int/drc/mudacumura

(viii) Case Title : The Prosecutor v. Mathieu Ngudjolo Chui

Case Citation : ICC-01/04-02/12

Charges : Mathieu Ngudjolo Chui was accused of committing, through other persons, within the meaning of article 25(3)(a) of the Rome Statute:  Thre crimes against humanity: Murder under article 7(1)(a) of the Statute; sexual slavery and rape under article 7(1)(g) of the Statute.  Seven war crimes: Using children under the age of 15 to take active part in hostilities under article 8 (2)(b)(xxvi) of the Statute; deliberately directing an attack on a civilian population as such or against individual civilians or against individual civilians not taking direct part in hostilities under article 8(2)(b)(i); wilful killing under article 8(2)(a)(i) of the Statute; destruction of property under article 8(2)(b)(xiii) of the Statute; pillaging under article 8(2)(b)(xvi) of the Statute; sexual slavery and rape under article 8(2)(b)(xxii) of the Statute. According to the Office of the Prosecutor, these crimes were allegedly committed during an attack against the Bogoro village on 24 February 2003.

Status : Closed

Sentence/ Acquittal : Acquitted on 18 December 2012 of three counts of crimes against humanity and seven counts of war crimes. Released from ICC custody on 21 December 2012. Acquittal confirmed by Appeals Chamber on 27 February 2015.

Country : Democratic Republic of Congo

Link : https://www.icc-cpi.int/drc/ngudjolo