RDC : le droit international humanitaire bafoué

Across the Democratic Republic of Congo, particularly in its eastern conflict zones, international humanitarian law faces severe challenges. Despite pledges made by government authorities and their international partners, these vital protections are continuously undermined.

Amidst the proliferation of armed groups and relentless attacks against civilians, the International Committee of the Red Cross (ICRC) is urgently advocating for enhanced understanding and more stringent enforcement of these critical humanitarian rules. To advance this cause, the organization hosted a significant conference in Kinshasa on Thursday, July 23.

When the rules of engagement fail to protect

In regions gripped by conflict, international humanitarian law is often poorly understood, and even when known, it is frequently disregarded. This perilous situation leaves civilian populations increasingly vulnerable, trapped in the crossfire between various warring factions.

“Sexual violence is reported in the millions. Every minute, women, girls, and children – and certainly some men – fall victim to these horrific sexual assaults,” expressed Julienne Lusenge, a prominent human rights activist. She emphasized that women and girls bear the brunt of this suffering, calling for decisive sanctions against perpetrators of 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 for crimes of sexual violence.“

Trials for accountability and deterrence

Lusenge further stressed the necessity of bolstering the capacities of security forces and intensifying efforts against armed groups to better safeguard civilians. Meanwhile, the military justice system maintains that it actively prosecutes military personnel implicated in abuses. General Jean-Paul Tshayikolo, a military magistrate at the High Military Court, highlighted that such trials serve not only to punish but also to deter future offenses and educate military personnel.

According to General Tshayikolo: “There are both exemplary and problematic elements within the forces. Naturally, the military institution’s aspiration is to have only good elements. However, achieving zero impunity remains an impossible goal. For military justice, when a soldier is tried, the resulting verdict serves to educate other individuals under military jurisdiction. Military justice has consistently acted to impose sanctions, and the statistics are available to demonstrate this commitment.“

Conflicts challenging international humanitarian law in DRC

More than 200 armed groups are currently active across eastern DRC, primarily concentrated in the provinces of North Kivu, South Kivu, Ituri, and, to a lesser extent, Tanganyika.

The fluid and shifting alliances among these numerous groups complicate the crucial task of identifying those responsible for violations of international humanitarian law. This fragmentation also significantly hinders effective dialogue, oversight mechanisms, and the imposition of sanctions.

Furthermore, international humanitarian law mandates a clear distinction between civilians and combatants, a reality that is frequently blurred on the ground in the DRC. These complex factors further impede judicial prosecutions and regrettably contribute to the ongoing prevalence of impunity.