RDC : le droit international humanitaire bafoué

Across the Democratic Republic of Congo, specifically in its eastern conflict zones, international humanitarian law faces severe challenges, despite commitments from government authorities and their international partners.

Confronted by the proliferation of armed groups and widespread attacks on civilians, the International Committee of the Red Cross (ICRC) advocates for enhanced understanding and stricter enforcement of these crucial guidelines. To this end, the organization hosted a significant conference in Kinshasa on Thursday, July 23.

When the laws of war fail to protect

Within these volatile conflict areas, international humanitarian law largely remains unfamiliar, and even when understood, adherence is often lacking. This precarious situation leaves civilian populations even more vulnerable, frequently caught in the crossfire between various warring factions. 

“Sexual violence is rampant, with millions of cases reported. Every minute, women, girls, and children – and indeed, some men – fall victim to these heinous sexual assaults,” lamented Julienne Lusenge, a prominent human rights activist. She emphasized that women and girls disproportionately bear the brunt of such atrocities and called for decisive sanctions against those responsible for sexual violence. 

“Regrettably, at the international level, we have yet to see a single case brought to justice. It is imperative that we achieve international accountability and sanctions for crimes of sexual violence,” she stressed.

Trials for punishment and deterrence

Lusenge also highlighted the critical need for strengthening the capabilities of security forces and intensifying efforts against armed groups to better safeguard civilians. Meanwhile, the military justice system asserts its commitment to prosecuting soldiers implicated in abuses. General Jean-Paul Tshayikolo, a military magistrate at the High Military Court, underscored the dual purpose of these trials: both punitive and educational.

He explained, “There are both commendable and undesirable elements within our ranks. Naturally, the military institution itself desires to have only good personnel. However, achieving zero impunity remains an ongoing challenge. When military personnel are tried, the resulting verdict serves to educate other individuals subject to military jurisdiction. Military justice has consistently acted to impose sanctions, and the statistics attest to this.“

Conflicts challenging international humanitarian law

Over 200 armed groups operate actively across eastern DRC, primarily concentrated in the provinces of North Kivu, South Kivu, and Ituri, with a lesser presence in Tanganyika.

The shifting alliances among these numerous groups, however, significantly complicate the identification of actors accountable for breaches of international humanitarian law. This severe fragmentation also impedes effective dialogue, oversight, and enforcement mechanisms.

Furthermore, international humanitarian law mandates a clear distinction between civilians and combatants, a separation that is frequently blurred in the reality on the ground. 
These complex factors further hinder judicial prosecutions and, regrettably, perpetuate a climate of impunity.