Democratic Republic of Congo: War Crimes Overview

The International Criminal Court (ICC) is an intergovernmental organization and international tribunal that sits in The Hague, Netherlands. The ICC has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression.

The ICC's jurisdiction is limited by the principle of complementarity. This means that the ICC can only exercise jurisdiction in cases where the national courts of the State where the crime occurred, or the State of nationality of the accused, are unwilling or unable to prosecute the crime.

The ICC can investigate and prosecute individuals for crimes committed in the Democratic Republic of Congo (DRC). This includes crimes such as use of child soldiers, crimes against humanity, and sexual violence.

The ICC has several cases related to the DRC, with some completed and others ongoing. Notable cases include the Lubanga case, the Katanga case, and the Ntaganda case. The Ngudjolo Chui and Mbarushimana case are examples of acquitted or dropped charges.

The ICC's mandate includes addressing the issue of victim reparations. This means that the ICC may order compensation or other forms of redress to victims of crimes.

The ICC was established by the Rome Statute of the International Criminal Court and came into force in 2002. It is the first permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression.

The ICC can only investigate and prosecute crimes committed in a state that is a party to the Rome Statute, or crimes committed by a national of a state that is a party to the Statute. The ICC's jurisdiction is determined by the principle of complementarity, meaning that it can only exercise jurisdiction when a national court is unwilling or unable to prosecute the crime.

The DRC (Democratic Republic of Congo) referred the situation in the country to the ICC in 2004. This led to the opening of an investigation into war crimes and crimes against humanity that were committed in the DRC. The ICC investigation focused on crimes committed since 2002, as the Rome Statute entered into force for the DRC on that date.

The ICC investigates and prosecutes crimes committed in the DRC, or by its nationals, since July 1st, 2002. This means that the ICC can prosecute individuals for crimes committed in the DRC or by DRC nationals, even if the crimes were committed outside the DRC.

The DRC referred another case to the ICC in 2023, regarding crimes committed in North Kivu since 2022. This referral expands the ICC's jurisdiction in the DRC and allows for the investigation and prosecution of crimes committed in North Kivu, related to the conflict in the region.

Some of the crimes charged in the DRC case include using child soldiers, murder, attacking civilians, destruction of property, rape and sexual slavery, torture, mutilation, cruel treatment, inhumane acts, persecution, and forced displacement of populations.

Thomas Lubanga Dyilo was convicted of war crimes for enlisting and conscripting children under the age of 15 years and using them as child soldiers. He was sentenced to 14 years of imprisonment and was released in 2020.

Bosco Ntaganda was convicted of war crimes and crimes against humanity for his role in the conflict in the DRC. He was sentenced to 30 years of imprisonment for crimes including murder, rape, sexual slavery, persecution, and using child soldiers.

Sylvestre Mudacumura was accused of war crimes related to attacks against civilians, murder, mutilation, cruel treatment, rape, torture, and destruction of property. He was wanted by the ICC but died before he could be brought to justice.