Democratic Republic of Congo
Democratic Republic of Congo
1. The Rome Statute of the International Criminal Court.
2. UN Convention on the Rights of Child 1990
1. The African Charter on Human and People’s Rights
1. The Constitution of the Democratic Republic of the Congo 2006.
2. Code Pénal Congolais 2004.
3. The Democratic Republic of the Congo Military Penal Code 2002.
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/drchttps://
(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
Reports of the United Nations
1. UNJHRO, ‘Progress and Obstacles in the Fight Against Impunity for Sexual Violence in the Democratic Republic of the Congo’ (2014)
2. Sandesh Sivakumaran, Lost in translation: UN responses to sexual violence against men and boys in situations of armed conflict, International Review of the Red Cross, Volume 92 Number 877, March 2010
Reports of other International/Regional Organisations / National Governments
1. Human Rights Watch, ‘Seeking Justice: The Prosecution of Sexual Violence in the Congo War’, March 2005 Vol. 17, No. 1(A) https://www.hrw.org/sites/default/files/reports/drc0305.pdf
2. Amnesty International, Democratic Republic of Congo Mass rape: Time for remedies, AI Index: AFR 62/018/2004
3. Amnesty International, Mass Rapes in Walikale Still a Need for Protection and Justice in Eastern Congo , Index: AFR 62/011/2010
4. Human Rights Watch, Soldiers Who Rape, Commanders Who Condone, Sexual Violence and Military Reform in the Democratic Republic of Congo, July 2009
5. Human Rights Watch, Seeking Justice, The Prosecution of Sexual Violence in the Congo War, March 7, 2005
Books/Articles /Documents/ Research Papers / Workshops / Publications
1. Mervyn Christian, Octave Safari, Paul Ramazani, Gilbert Burnham and Nancy Glass, ‘Sexual and Gender Based Violence Against Men in the Democratic Republic of Congo: Effects on Survivors, their Families and the Community’ (2011) 27(4) Medicine, Conflict and Survival.
2. Desiree Lwambo, ‘Before the War, I was a Man: Men and Masculinities in the Eastern Democratic Republic of Congo’ (2013) 21(1) Gender & Development
3. Maria Eriksson Baaz and Maria Stern, ‘Understanding and Addressing Conflict-related Sexual Violence’ 2010 (3) The Nordic Africa Institute, I https://www.files.ethz.ch/isn/116630/2010_3.pdf
4. Baaz Eriksson Maria, , ‘Why do soldiers rape? Masculinity, violence and sexuality in the Democratic Republic of Congo’, International Studies Quarterly 53(2):495 – 518 · June 2009
5. Tove Skresslett, ‘Congolese Rape Victims’ Struggles for Recognition – What Can Be Done to Challenge This Reality?’ (2012)
6. Salomé Blum, , The Invisible Victims of Sexual Violence’, Department of Political Science Universitetet I Oslo2012)
7. Anna Gopsill, Recognising all victims and survivors of sexual violence in wartime, CHR. Michelsen Institute, 10 Dec 2018
8. Z. Pinar Erdem, Men Can Experience Sexual Violence in War Too, Human Rights Watch, May 3, 2019
1. Nations Online, ‘Democratic Republic of the Congo’ (Nations Online)
2. World Health Organization, ‘Democratic Republic of the Congo’ (WHO)
3. Peace Insight, ‘Democratic Republic of the Congo: Conflict Profile’ (Peace Insight)
4. Policing Law, ‘Democratic Republic of Congo’
5. International Committee of the Red Cross, ‘Democratic Republic of the Congo – Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence’ (IHL Database) https://ihl-databases.icrc.org/customary-ihl/eng/docs/v2_cou_cd_rule93
6. Claiming Human Rights, ‘Claiming Human Rights in the Democratic Republic of the Congo’
7. Rhiannon Archer, ‘Democratic Republic of Congo LGBTI Resources’ , Refugee Legal Aid Information for Lawyers Representing Refugees Globally
8. Miya Cain, ‘Hope in the Shadows: Male Victims of Sexual Assault in the Democratic Republic of the Congo’ , Humanity in Action, USA, February 2015
9. Basele Lutala and Others 3 June 2009 (Military Garrison Court of Kisangani)
10. Barnaba Yonga Tshopena (Military Garrison Court of Ituri-Bunia)
11. Office of the Special Representative of The secretary General on Sexual Violence in Conflict, Democratic Republic of Congo
12. Medicins Sans Frontieres, Sexual Violence
13. Health and Human Rights info, Sexual violence against Men
14. Heloise Goodley, Ignoring Male Victims of Sexual Violence in Conflict Is Short-sighted and Wrong, Chatham House, 10 January 2019
15. Doctors without Borders, High level of sexual violence in Kasai, DRC, November 1, 2018
1. Unreported Horrors – Male Rape in DR Congo, Moses Seruwagi, Inter Press Service News Agency, Nov 13, 2011.
2. Will Storr, The rape of men: the darkest secret of war, The Guardian
3. We need to talk about male rape’: DR Congo survivor speaks out, BBC News, 3 August 2017
4. Nina Wilén and Bert Ingelaere , War-torn Congo has been called the ‘rape capital of the world.’ Here is how fighters think about sexual, The Washington Post, August 31, 2017://www.washingtonpost.com/news/monkey-cage/wp/2017/08/28/what-do-rebels-think-about-sexual-violence-in-congo-we-asked-them/