Democratic Republic of Congo Past Paper PDF

Democrat ic Republic of Congo Group 1: Lea Stanic (21047332) Margarida Rodrigues Lopes Freitas (24135283) María Cascaiero Norzagaray (24139297) Paula Urbano Peña (22031189)  Kivu: Regular conflicts between armed groups and national army....

Democrat ic Republic of Congo Group 1: Lea Stanic (21047332) Margarida Rodrigues Lopes Freitas (24135283) María Cascaiero Norzagaray (24139297) Paula Urbano Peña (22031189)  Kivu: Regular conflicts between armed groups and national army. Ituri: Ethnic tensions among Lendu, Ungiti, and Hema groups and competition for resources. Factual background Thousands killed Recruitment of child soldiers Widespread displacement since 1999 State referral from the DRC of the situation to the ICC in March 2004. Investigation opened in June 2004 into war crimes and crimes against humanity. Triggering mechanis ICC Jurisdiction: Covers Rome Statute crimes on DRC territory or by its nationals ms since 1 July 2002. In May 2023, the DRC made a second state referral, based on the crimes committed in North Kivu since 1 January 2022.  War crimes and crimes against humanity since 1 July 2002 War crimes: o Enlisting and conscripting child soldiers under the age of 15 and Crimes using them to participate actively in hostilities charged o Murder and attempted murder o Attacking civilians and protected objects o Destruction of property, pillaging o Mutilation o Cruel treatment  Crimes against humanity: o Murder and attempted murder o Torture Crimes o Rape, sexual slavery o Inhuman acts charged o Persecution o Forcible transfer of population Accused identified Thomas Lubanga Dyilo – President of the UPC/FPLC o War crimes: enlisting and conscripting children under the age of 15 years and using them as child soldiers o Sentence: 14 years of imprisonment o Released on 15 March 2020 Germain Katanga – alleged Commander of FRPI o Accessory to crime against humanity (1): murder o Accessory to war crimes (4): murder, attacking a civilian population, destruction of property, pillaging o Sentence: 12 years of imprisonment --> reduced o Released on 18 January 2016 Accused identified Bosco Ntaganda – Deputy Chief of Staff and commander of operations of the FPLC o War crimes (13): murder and attempted murder, intentionally directing attacks against civilians and protected objects, rape, sexual slavery, ordering displacement of civilians, child soldiers, destruction of property o Crimes against humanity (5): murder and attempted murder, rape, sexual slavery, persecution, forcible transfer and deportation o Sentence: 30 years of imprisonment Callixte Mbarushimana – alleged Executive Secretary of the FDLR-FCA o War crimes (8): attacks against civilians, murder, mutilation, torture, rape, inhuman treatment, destruction of property, pillaging o Crimes against humanity (5): murder, torture, rape, inhumane acts, persecution o Charges not confirmed – no sufficinet evidence o Released on 23 December 2011 Accused identified Sylvestre Mudacumura – alleged Supremen Commander of the FDLR o War crimes (9): attacking civilians, muder, mutilation, cruel treatment, rape, torture, destruction of property, pillaging, outrages against personal dignity o Warrant of arrest issued (13 July 2012) o Died in September 2019 (killed by DRC security forces) Mathieu Ngudjolo Chui – Leader of the FNI o War crimes (7): using child soldiers, attacking civilians, wilful killing, destruction of property, pillaging, sexual slavery, rape o Crimes against humanity (3): murder, sexual slavery, rape o Acquitted on 18 December 2012  STAGE OF THE “PROCEEDINGS”” INITIAL INVESTIGATION: 2004. Several completed cases, others unsolved because of suspect’s death. DEMOCRATIC REPUBLIC OF THE CONGO II: Investigation of crimes committed in January 2022. “Any alleged Rome Statute crimes Office of the Prosecutor rewed its committed in North Kivu since 1 This investigation remains under Referred to the ICC in May 2023. investigative efforts in October January 2022 would fall within the preliminary assessment phase. 2024. remit of the ongoing investigation opened in June 2004”.  KEY FINDINGS 1- Use of child soldiers 2- Crimes against humanity 3- Sexual violence CASE LAW Thomas Lubanga - Germain Katanga - Mathieu Ngudjolo First ICC conviction Liability based on Chui - Issues with + established aiding and abetting, evidence and precedent on child not direct reliability of witness soldier use. perpetration. testimonies. Bosco Ntaganda - Callixte Sylvestre Longest ICC Mbarushimana - Mudacumura - sentence; Evidence Challenges of reinforced insufficiency apprehending command highlighted rigorous suspects in conflict responsibility for pre-trial standards. zones. sexual violence. STATUS QUO Victim reparations Ongoing investigations Accountability efforts Completed Cases: Lubanga, Katanga and Ntaganda. Acquitted or Charges Dropped: Ngudjolo Chui, Mbarushimana. Unresolved Case: Mudacumura.