The Ntaganda confirmation of charges decision: A victory for gender justice?

by Rosemary Grey

Rosemary Grey is a PhD Candidate at the School of Social Sciences, Faculty of Arts and Social Sciences, University of New South Wales. She has previously written for Beyond The Hague on the possibility of trying persecution on the grounds of sexual orientation under the Rome Statute. Rose can be reached at r.grey@unsw.edu.au and here.

Ituri3

Nyankunde, Ituri District, Democratic Republic of the Congo. Ituri experienced some of the bloodiest fighting of the Congo Wars. Source: Peter Dixon

On Monday, Pre-Trial Chamber II of the International Criminal Court (ICC) confirmed the charges against alleged war criminal Bosco Ntaganda, the former commander of an armed group active in the Ituri District of the Democratic Republic of Congo called the Union des Patriotes Congolais/Forces Patriotiques pour la Libération du Congo (UPC-FPLC). For some background on the Ituri conflict, see previous BTH posts here and here.

The Pre-Trial Chamber’s decision considers several important issues, including the sexual exploitation of child soldiers by their commanders. While the case has been underway since 2006, the charges of sexual violence against the child soldiers are a relatively recent development.

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What a difference a year (or 8) makes: Bosco Ntaganda, justice and politics in the Congo

This week, Bosco Ntaganda is in court for the confirmation of charges hearing at the ICC. You can watch the Court’s live stream (with a slight delay) here. Ntaganda has been wanted by the ICC since 2006, when Luis Moreno Ocampo was issuing the Court’s first arrest warrants, including that for for Thomas Lubanga Diylo. Lubanga would go on to become the Court’s first-ever conviction. Ntaganda would continue to play a leading role in one of the world’s worst conflicts in history before surrendering in Kigali in March of last year. He’s now been in ICC custody for about a year and a wanted war criminal for almost 8. It’s easy to forget how we got here.

Bosco Ntaganda

The arrest warrant for Lubanga was issued under seal on 10 February, 2006 and unsealed a little over a month later, one day after he was transferred to The Hague. The arrest warrant for Bosco was issued under seal on 22 August, 2006 and unsealed almost 2 years later, about 5 years before he would surrender in Kigali. Before that, Ntaganda lived openly in Goma, notoriously flaunting his most-wanted status. In scenes of disturbing irony, Ntaganda would play tennis and dine at the same clubs and restaurants as the aid workers and UN staff charged with supporting the victims of the war in which he played a leading role.

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