© HRW
Civil society in the Democratic Republic of Congo wants a judgment in the Lubanga trial that respects fair trial principles. A fair trial is the best guarantee against impunity for it sets a powerful example for would-be criminals that have for so long, and for so many different reasons-mostly because of their rank and position-thought they were invincible or shielded from the law.
For those of us engaged in the fight against impunity, this trial is first and foremost a sign of encouragement for civil society working to protect human rights. For victims, this trial represents hope. We all take comfort in knowing that the wheels of international justice are finally in motion.
For the general population, the Lubanga trial brings about a feeling of reassurance. In fact, the population at large-beaten down in spirit by the waves of violence in the DRC-never imagined that such a strong militia leader could be arrested and tried before a court of law. Thus, there is a shift in thinking among the population about their suffering. There is renewed faith that those responsible for serious crimes will have to face justice sooner or later.
Victims will have the unprecedented opportunity to share their views and concerns as the trial unfolds. As such, the Court should strengthen its outreach activities to affected communities on the ground-paying particular attention to the need to bolster protection for victims at every stage of the judicial proceedings. The Court should not restrict public information for such an immense and important step forward. For example, to limit press conferences to Kinshasa and The Hague alone would be foolish.
With this trial, we are witnessing justice in action and the unprecedented participation of victims in the process who will be called on to share critical evidence. What an enormous opportunity.
Despite ongoing child soldier enlistment in our country, the Lubanga trial holds the promise of having a deterrent effect in the future. The Lubanga trial goes far beyond symbolism. Since the arrest and transfer of Thomas Lubanga, there is a growing consciousness that the conscription of child soldiers is a crime against humanity. In addition, there is a growing awareness that the time has come for other warlords like Nkunda to be held accountable for their crimes.
To abolish child soldiering entirely, the Court would do well by issuing arrest warrants for those from other armed groups who are most responsible for enlisting children in their movements.
Roger Muchuba Buhereko
Executive Secretary of Congolese NGO Héritiers de la Justice in
Bukavu, DRC and Deputy Coordinator of the DRC National Coalition for the ICC.
For the Congolese population, the opening of the Thomas Lubanga trial sends the strong signal that the silence over impunity for international crimes has at last been broken by the sounding of an alarm bell the world over. “Our children were taken by force, our women and girls raped and sometimes before our eyes as husbands,
children. We rejoice in knowing that justice is going after the perpetrators of these abhorrent crimes. This trial marks an opportunity to honor ourselves as victims,” said a man from the village of Shabunda speaking on the condition of anonymity. “We are hopeful that the trial will prompt the Prosecutor to open other investigations for other criminal acts of the same scale as those committed by Thomas Lubanga.”
Human rights defenders and their organizations working alongside victims welcome the opening of the trial. We look forward to the Court’s live streams to the DRC of the proceedings in The Hague so that victims and criminals alike can watch; this will provide a significant deterrent effect on the ground. Nonetheless, there is no time like the present for the Court to redouble the protection for those who serve as intermediaries between victims in Africa and lawyers in The Hague.
BY: Descartes Mponge Malasi, South Kivu Focal Point for the DRC National Coalition for the ICC
I want to draw your attention to the fact that we are witnessing a large gap between the trial held in The Hague and the thousands of victims in our villages in the DRC for whom the level of internet access is more than weak if not nonexistent. Among other issues, the notions used in the international legal jargon risk not being understood outside of a very restricted group of experts.
Julien Cigolo, Attorney with Action des Chrétiens pour l’abolition de la torture (ACAT) in South-Kivu
This is the happiest moment of my life: seeing at last that the first trial has taken off at the ICC. Victims will always remain at the centre of ICC justice system irrespective of where the trial is being held. The Court’s final judgment will be seen by the whole world. Not only are the Congolese interested in this trial, the world over is interested in seeing an end to impunity. The most serious crimes affect everybody, everywhere directly or indirectly. When justice is visible, it can make people like Bashir know that in the 21st Century, the responsibility to protect one’s people is taken seriously and at every level of power. Justice must be universal in order for peace and order to prevail in all societies around the world.
The opening of the Lubanga trial is an important step forward in the fight against impunity for serious crimes committed not only in DRC but also around the world. Since 1996, many crimes including rape, massacre, torture, summary and extra-judicial executions have been committed in Congo by the national army, foreign troops and various rebel groups. The majority of those war criminals are not prosecuted by the Congolese Courts which are dysfunctional and in total decay. So, the Lubanga trial sends a strong signal for all the other authors of international crimes and offers victims the opportunity to participate in the proceedings leading to reparations for the wrong they have suffered.
The remaining major challenges are outreach and the protection issue for victims and witnesses since Ituri remains a region full of tensions.
In addition, the Congolese government whose first duty is to curb all the crimes committed on its territory must reform its judicial system so that other criminals whose crimes are not under the ICC’s jurisdiction are prosecuted.