The resumption of the ICC investigation in North Kivu raises new hopes among the victims

Kinshasa, Kisangani, Paris, October 22, 2024. There is finally hope for justice for the victims of international crimes, which are among the greatest atrocities of recent decades. On October 14, 2024, the ICC Prosecutor announced: “renewal“from investigations by the Public Prosecutor’s Office in the Democratic Republic of Congo, which will focus on crimes committed by all suspected perpetrators in the North Kivu region since January 2022.

Accordingly Jean-Claude Katende, FIDH Vice President and ASADHO President: “By assessing the crimes committed in the North Kivu region since January 2022, the ICC and the Democratic Republic of the Congo are taking a step forward in the fight against impunity for crimes committed by actors who have been operating in the Democratic Republic of the Congo for 30 years are present. Actors continue to commit crimes and fuel a climate of recurring violence. The M23 (March 23 Movement) and the other armed groups such as the Allied Democratic Forces (ADF), which have been present in North Kivu for many years, should also be investigated by the ICC Prosecutor.”

FIDH and its affiliates in the Democratic Republic of Congo emphasize the importance of cooperation between the Public Prosecutor’s Office and the Congolese government as well as local civil society organizations (CSOs), especially to inform them about the investigations.

Dismas Kitenge, President of Groupe Lotusexplained: “As outlined in the Prosecutor’s Office Policy on Complementarity and Cooperation, civil society organizations are important partners in documenting crimes and bridging the gap between the Prosecutor’s Office and affected communities. It is crucial that prosecutors meaningfully put this policy into practice.”

The undersigned organizations call on the Democratic Republic of the Congo to prioritize the investigation and prosecution of gender-based crimeswhile ensuring the participation and protection of victims. National prosecutions must include a mechanism for meaningful participation and guarantee victims’ access to justice, which are essential components of effective complementarity.

Grace Lula, President of the Board of the Ligue des électeursadds: “Among the crimes committed in North Kivu since January 2022, investigations must focus on the recurring and horrific gender-based violence against women and girls.”

While national authorities have primary responsibility for investigating and prosecuting crimes within their jurisdiction, FIDH and its affiliates welcome efforts to establish a dedicated criminal court for the Democratic Republic of the Congo. In this framework, it is important to establish clear and transparent complementarity criteria in order to avoid excessive deference to national authorities, which could potentially lead to victims having no viable legal recourse.

context

Since prosecutors began their investigation in the Democratic Republic of Congo in 2004, the ICC has issued seven public arrest warrants and opened investigations against six suspects. As the prosecutor points out, the investigations in the Democratic Republic of Congo are part of the complementarity and cooperation policy recently adopted by his office, which aims to ensure cooperation and accountability between the ICC and national jurisdictions in the prosecution of crimes under the Rome Statute strengthen.

The Democratic Republic of Congo has been faced with recurrent episodes of armed violence for 30 years, in a general climate of impunity for the perpetrators, who constantly regroup and form new factions.

The Prosecutor’s announcement follows a second referral by the Government of the Democratic Republic of Congo to the ICC in May 2023 for alleged crimes committed in North Kivu and the conclusion in June 2023 of a memorandum of understanding between the Prosecutor’s Office and the Democratic Republic of the Congo aimed at doing so Strengthen their cooperation in the fight against impunity at the ICC and at the national level on the basis of complementarity. FIDH and its affiliates in the Democratic Republic of the Congo, the Association africaine de défense des droits de l’Homme (ASADHO), the Ligue des Électeurs and Groupe Lotus, welcomed these efforts at the time while stressing the need to pursue them into concrete action.