International Criminal Court takes important step in DR Congo

On October 14, International Criminal Court (ICC) Prosecutor Karim AA Khan announced that his office would strengthen investigative efforts in the Democratic Republic of Congo, with a particular focus on crimes committed in North Kivu province since January 2022 The reason was an application by the Congolese government to the International Criminal Court last year.

The ICC has been investigating serious crimes in Congo since 2004, when the government first asked the court to intervene. This investigation resulted in cases being opened against six suspects, all former leaders of armed groups. Four people were tried for crimes committed in Ituri province in 2002-2003, with three people convicted and one acquitted. The other two cases, involving crimes committed in North Kivu in 2009, never went to trial. Human Rights Watch has repeatedly called on the ICC prosecutor to address not only rebel commanders’ responsibility for serious abuses in eastern Congo over the years, but also alleged crimes by senior government and military officials from Congo, Rwanda and Uganda.

The re-investigation could provide an opportunity to address the pervasive lack of accountability and close the “impunity gap” that leads to serious abuses in North Kivu, Ituri and elsewhere.

Laws of war Violations in Congo are ongoing and serious. Human Rights Watch has reported atrocities committed by the armed group M23, including killings of civilians, gang rape, looting and destruction of property. In 2024, the Rwandan army and the M23 indiscriminately shelled refugee camps and other densely populated areas near Goma, North Kivu. The Congolese military and allied militias increased the risk to the displaced people by using heavy artillery near the camps. Congolese soldiers and allied fighters committed murders, rapes and other sexual violence and arbitrarily detained displaced people.

Khan has pledged to investigate all warring parties, despite government calls to focus on the M23. ICC member countries should recognize the Court’s increased workload and provide the ICC with the support it needs to fulfill its mandate in all areas.

But the ICC is a court of last resort and cannot be expected to do everything. In his statement, the ICC Prosecutor rightly welcomed the decision of the Congolese authorities to set up a committee to set up a special criminal court for Congo. The creation of an internationalized judicial mechanism to complement the work of the ICC and domestic courts is long overdue and will hopefully help close the impunity gap. The Congolese government should expedite this project with the support of the ICC and other international partners.