Human right watch – 11th September 2012

M23 rebels in eastern Democratic Republic of Congo are responsible for widespread war crimes, including summary executions, rapes, and forced recruitment. Thirty-three of those executed were young men and boys who tried to escape the rebels’ ranks.

Rwandan officials may be complicit in war crimes through their continued military assistance to M23 forces, Human Rights Watch said. The Rwandan army has deployed its troops to eastern Congo to directly support the M23 rebels in military operations.

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International Criminal Court – 10th july 2012

Today, Trial Chamber I of the International Criminal Court (ICC) sentenced Thomas Lubanga Dyilo to a total period of 14 years of imprisonment. The Chamber, composed of Judge Adrian Fulford, Judge Elizabeth Odio Benito and Judge René Blattmann, also ordered that the time from Mr Lubanga’s surrender to the ICC on 16 March 2006 until today should be deducted from this sentence. Mr Lubanga Dyilo was found guilty, on 14 March 2012, of conscripting and enlisting children under the age of 15 and using them to participate in hostilities in the Ituri region in the Democratic Republic of the Congo, from 1 September 2002 to 13 August 2003.

The Presiding Judge, Adrian Fulford, delivered a summary of the Trial Chamber’s decision during an open hearing held today. He explained that the Chamber considered the gravity of the crimes in the circumstances of this case, with regard, inter alia, to the extent of the damage caused, and in particular “the harm caused to the victims and their families, the nature of the unlawful behaviour and the means employed to execute the crime; the degree of participation of the convicted person; the degree of intent; the circumstances of manner, time and location; and the age, education, social and economic condition of the convicted person”.

He highlighted that the crimes for which Mr Lubanga has been convicted, comprising the crimes of conscripting and enlisting children under the age of 15 and using them to participate actively in hostilities, are undoubtedly very serious crimes that affect the international community as a whole. The Presiding Judge added that the “vulnerability of children mean that they need to be afforded particular protection that does not apply to the general population, as recognised in various international treaties”.

Judge Fulford indicated that the Chamber has, however, reflected certain other factors involving Mr Lubanga, namely his notable cooperation with the Court and his respectful attitude throughout the proceedings.

Judge Elizabeth Odio Benito has written a separate and dissenting opinion on a particular issue. She disagrees with the Majority’s decision to the extent that, in her view, it disregards the damage caused to the victims and their families, particularly as a result of the harsh punishments and sexual violence suffered by the victims of these crimes.

Misna – 10th july 2012

The rebels of the March 23 Movement (M23) withdrew from one of the main cities of the North Kivu province, occupied over the weekend, media correspondents refer from east DR-Congo confirming the announcement made yesterday.

Based on the reports, the rebels withdrew around 5km from the city to the south-east, in direction of Bunagana and the border with Uganda. Rutshuru is only 30km from Goma, the provincial capital.

An M23 commander Colonel Sultani Makenga had stated that his men had allowed the entry in the city of soldiers and United Nations peacekeepers to show Kinshasa their will to negotiate. “The government must decide if it wants peace and an end to the fighting”, added Makenga. The rebels maintain control of Bunangana, a strategic area for mineral trade in the resource rich east.

The fighting resumed in North Kivu in April. Until 2009, the majority of the M23 fighters were part of the National Congress for the Defence of the People, another rebel group suspected of being backed by the Rwandan government. [VG/BO]

Misna – 10th july 2012

At the conclusion of a plenary assembly in Kinshasa, the National Episcopal Conference of Congo (CENCO) called for a national reawakening to save the nation from a “balkanization plan”, denounced many times. After expressing “shock” over the continuation of the “war in East, North and South Kivu, which is killing peaceful Congolese citizens”, the Bishops announced a large-scale sensitization campaign in all the Catholic parishes of the nation.

“The populations must realize that our country is at war and must defend every square centimeter of our national territory”, said CENCO secretary general Father Léonard Santedi, urging legislators and government leaders to consider the war in the East as “a first priority”. According to Fr. Santedi, outside action is also needed to ensure that the international community “realizes that the Congolese population is rising up just to say no to the macabre plan of balkanization and crumbling of our nation”. In interviews released to Radio Okapi, part of residents in the capital Kinshasa attribute the conflict in the east to “bad government” and “inaction of the authorities (…) who don’t tell the truth on what is occurring”.

Reports in circulation are often confused or contradictory, though many sources confirm the possibility of an offensive by the rebel March 23 Movement (M23) against Goma, where Congolese troops and MONUSCO peacekeepers are about to be deployed. An estimated 2,000 rebels in the past days seized control of Bunagana, on the border with Uganda, and six other areas of the province, including Rutshuru. Confirmation arrived last night of the withdrawal of the rebels from Rutshuru, now under control of national police units, also made up by former rebels of the National Congress for the Defence of the People (CNDP, tutsi) headed by the General Bosco Ntaganda – wanted by the International Criminal Court (ICC) in the Hague – who demand the application of accords signed in 2009 with the government of Kinshasa, under which they were integrated in the security forces. The situation in North Kivu today will be the focus of a UN Security Council meeting and tomorrow an emergency ministerial meeting of Great Lakes nations will be held in Addis Ababa in a bid to reduce the growing tension between Kinshasa and Kigali, accused of backing the M23 rebels with men and means. [VV/BO]