ICC Fails to Convict Congolese Warlord on Sexual Violence and the Use of Child Soldiers
On March 7, 2014 Germain Katanga’s trial before the International Criminal Court (ICC) came to an end. In response to crimes committed in the Democratic Republic of Congo in 2003, Katanga was found guilty of war crimes including murder, attacking civilians, destroying property and pillaging, and as an accessory to crimes against humanity. Justice experts consider this ruling to be only a partial success, since Katanga was also acquitted of the charges of sexual crimes and recruiting child soldiers.
The ICC issued a warrant for Katanga’s arrest in 2007, charging him with seven counts of war crimes and three of crimes against humanity. As leader of the Patriotic Resistance Force in Ituri (FRPI), Katanga led an attack upon the village of Bogoro in February 2003. While village residents slept, the FRPI attacked and hunted down ethnic Hema, mutilated and killed with machetes and firearms, and caused thee death of more than 200 civilians, most who were younger than eighteen. Following the massacre, FRPI members including child soldiers, pillaged the village, raped women and girls, and abducted them to use as sexual slaves.
“In their hearts, many victims want to believe that, somehow, this judgment will contribute to peace and reconciliation… forgotten them and that no adequate measures are being taken to put an end to the continuous attacks,” explained Fidel Nista, the Legal Representative of the Main Group of Victims for the case.
Many have been disappointed with the case’s verdict, having hoped that the ICC would set a precedent by convicting Katanga for sexual crimes and the use of children as combatants. With insufficient evidence of his direct involvement in these crimes, the court chose to acquit on these charges due to a lack of evidence. This judgement has led to questions about whether victims of these crimes will ever see justice done.
This was the third case investigated and prosecuted by the ICC in relation to the conflict in the Democratic Republic of Congo. In 2012 the court aquitted Mathieu Ngudjolo Chui and convicted Thomas Lubanga Dyilo. In addition, Sylvestre Mudacumura remains wanted by the ICC to answer for nine counts of war crimes. Additional cases may arise in the future in response to ongoing investigations by the ICC.
The United Nations defines war crimes as “serious breaches of international humanitarian law committed against civilians or enemy combatants during an international or domestic armed conflict,” that include acts such as murder, rape, pillage, destruction, and other attacks on civilians who are considered to be protected persons under international law. The term crimes against humanity differs by the extent of the crimes committed, referring to “crimes such as murder, extermination, rape, persecution and all other inhumane acts of a similar character… committed ‘as part of a widespread or systematic attack directed against any civilian population.”
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