Democratic Republic of Congo (DRC)

In the four year period between 1998 and 2002, approximately 3.3 million people died in the Democratic Republic of the Congo (DRC) in a bloody conflict, largely ignored by the international community, in which the parties showed little respect for human life and dignity. Most of those who died were civilians, killed as a result of war, starvation or disease. Among the violations alleged to have been committed by the various parties are killings of civilians, forced recruitment of child soldiers, destruction of villages, internal displacement, cannibalism, rape and torture.

The atrocities faced by DRC in the past decade clearly amount to serious crimes under international law, crimes that the international community as a whole has pledged to work together to prevent and punish. Delivering justice and truth for these crimes of the past are agreed by all - including the parties to the conflict and the UN Security Council - to be essential components of a successful transition in DRC.

In June 2003 the ICC Prosecutor, Luis Moreno Ocampo, announced that he was following closely serious crimes committed in the Ituri region of the DRC and he has since stated that this may be the subject of a first case before the Court. The ICC has jurisdiction over war crimes, crimes against humanity and genocide committed since 1 July, 2002, where certain requirements as regards jurisdiction and admissibility are met. Since DRC is a party to the ICC treaty, the Rome Statute, the Court would have jurisdiction over crimes committed there.

However, since the ICC can only deal with crimes committed after July 2002, other solutions need to be found to investigate and prosecute the serious crimes under international law that were committed in the DRC before that date. Human Rights First believes that in order to identify how best to ensure justice for victims of the terrible crimes suffered during the conflict in DRC, and to garner appropriate international support for such efforts, the best way forward is the appointment of an international commission of experts. Such a commission would be charged with carrying out an assessment of the violations committed, consulting with local actors - including civil society - and advising on appropriate options for ensuring justice and accountability for the people of DRC.

Human Rights First's Background Report on DRC Conflict
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