The Creation of an International Criminal Tribunal for the Democratic Republic of the Congo

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(La version en langue française de la présente note est ci-après)

(Note: the translated portions of the original French letter below are not an official translation)

The summer of 2013 witnessed the launch of a petition, initiated by “52 prominent women” including the Congolese lawyer Ms. Hamuly Rély, calling for the creation of an International Criminal Tribunal for the Democratic Republic of the Congo (DRC).  The petition, which is still open for signature, was addressed to the French President François Hollande, the American President Barack Obama, the Secretary General of the UN Ban Ki Moon, former UN High Commissioner for Human Rights Mary Robinson, Chaiperson of the African Union Commission Nkosazana Dlamini-Zuma, Secretary General of the Organisation for Francophonie Abdou Diouf, President of the European Union Herman Van Rompuy, and the Presidency of the UN Security Council.

Before giving some personal thoughts (III) and addressing the potential judicial consequences of the establishment of such a Tribunal (II), this note focus on the content of the petition (I).

I. The Content of the Petition

1. Regarding the arguments and motivations:  Continue reading

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What I say may not be true, but it’s always for peace.

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During a recent conversation with one of Ituri’s many local leaders, he said something that I keep thinking about. He was telling me about his role in the community. In his words, he was a man of the peace, working always towards la pacification. Here is a rough translation of his words:

I’m a man of peace, always working for the pacification of Ituri, even during the war! People know this about me, so they come to me with questions and for information. And I tell them things. Sometimes they’re true and sometimes they’re not true. But they’re always for peace!

I’ve been thinking a lot about this man (full disclosure: he’s not the guy in the photo, which I took…but I think this photo kind of speaks to the issue). He clearly was on the side of peace. Even during the war he would leave the capital, Bunia, to get messages of peace to the villages in his native territory (if what he told me was true of course…). On one trip he was attacked with a machete (that’s true–he showed me the scar). So his response alarmed me. He said it with a large grin, almost as further proof that he really was a man of the peace: willing to lie in the name of peace!

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Is Ituri ready for truth and reconciliation?

by Peter Dixon and Maria Elena Vignoli

Are Iturians ready to speak about the past? Photo credit: Peter Dixon

Are Iturians ready to speak about the past?
Photo credit: Peter Dixon

From 1999 to 2007, the Ituri district of the Democratic Republic of Congo’s northeastern Province Orientale was the scene of a deadly war that killed 60,000 and displaced over 500,000 people. In 2003, Ituri was home to at least six armed groups, with somewhere between 20,000 and 25,000 militia members. While the history is far more complex, the war was so violent in part because it pitched two of Ituri’s ethnic groups (Hema and Lendu) against each other. There’s plenty of background reading available. Dan Fahey’s 2013 Usalama Project Report is a good start.

As three out of four of the ICC’s Ituri-based trials approach their conclusion, the question looms, can Ituri be declared ‘post-conflict’? On the one hand, the November 2012 attacks in Bunia (organized and orchestrated at least in-part by the military and police), the presence of Justin Banaloki (aka “Cobra Matata”) in Walendu Bindi and Paul Sadala (aka “Morgan”) in Mambasa, and persisting land-related tensions are clear indicators that the risk of violence is still an ever-present reality for Iturians. On the other hand, reports are suggesting that a sustainable, if fragile, peace may have already emerged (also here). One thing is clear:

“There is an urgent need for a comprehensive peace process in Ituri to bridge the socio-economic and ideological gap between ethnic communities.” — Dan Fahey, Usalama Project, 2013

For the past several months, we have been interviewing leaders, stakeholders and the general population across three of Ituri’s five territories (Irumu, Djugu and Mahagi) on the issue. In total, we’ve held over 50 discussion groups and one-on-one interviews with over 170 customary leaders, civil society leaders, representatives (e.g. farmers’ representatives, youth representatives), authorities and victims’ groups. We also carried out a random survey of over 800 Iturians in Irumu and Djugu. Together with the Netherlands-based IKV Pax Christi, our goal is twofold: to better understand whether Iturians are ready to publicly speak about the acts and events of war, and if so, to identify what shape(s) this process could take. We’re still sifting through the data. In the meantime, here is some background context and some initial thoughts.

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Uganda Announces Transitional Justice Policy

On 21 May 2013, the Republic of Uganda became the first state in Africa to publish a comprehensive Draft Transitional Justice Policy. Six years after the Juba Peace negotiations between the Lord’s Resistance Army (‘LRA’) and the Government of Uganda (‘GoU’) ended without being formally signed by both parties, the GoU has committed itself to implementing an holistic Transitional Justice policy, designed to address issues of accountability, reparation and reconciliation in post-conflict Uganda. While still a ‘draft’ policy, it marks an historic step by the GoU in creating a framework designed to implement the provisions of the ‘Agreement on Accountability and Reconciliation’, Item no. 3 of the Juba Peace Agreement.

At the beginning of the Juba negotiations, Joseph Kony and his deputy Vincent Otti sit inside a tent at Ri-Kwamba in Southern Sudan. Photo credit: CSMonitor.

At the beginning of the Juba negotiations, Joseph Kony and his deputy Vincent Otti sit inside a tent at Ri-Kwamba in Southern Sudan. (Photo credit: CSMonitor)

In summary, the draft Ugandan policy provides for the following central interventions:

  1. Regarding formal justice processes, the GoU shall ensure witnesses are protected and victims can participate in proceedings;
  2. The GoU commits to recognizing traditional justice mechanisms as a tool for conflict resolution;
  3. The GoU shall establish and resource a national truth-telling process;
  4. The GoU shall establish and implement a reparations programme for victims affected by conflict; and
  5. There shall be no blanket amnesty, with those who have already received amnesty encouraged to participate in truth-telling and traditional justice processes.

On the five commitments listed above, some brief reflections:

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