Political Geography: Democratic Republic of Congo / Topic: Criminal Justice

Author:: Patrick Bashizi Bashige Murhula
Publication Date:: 06-2022
Content Type:: Journal Article
Journal:: African Journal on Conflict Resolution
Institution:: The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:: The United Nations Mapping Report on the Democratic Republic of Congo (DRC) is a powerful reminder of the gravity of the crimes committed in this country. This report found that the period between March 1993 and June 2003 is probably one of the most tragic chapters in the recent history of the DRC. A string of major political crises, wars and multiple ethnic and regional conflicts killed millions of people. However, since the publication of this report there has been a shocking lack of justice for the victims because the Congolese justice system has been ineffective in prosecuting the perpetrators. This article is a valuable contribution to ending impunity in that it proposes an alternative approach to justice. This is based on restorative values and principles, such as the Baraza indigenous restorative justice mechanism. This provides justice to victims, restores peace and reconciliation in the region and, most importantly, holds perpetrators accountable for the crimes and human rights violations they have committed.
Topic:: United Nations, Transitional Justice, Criminal Justice, Indigenous, and Restorative Justice
Political Geography:: Africa and Democratic Republic of Congo

Author:: Sofia Candeias, Luc Côté, Chris Papageorgiou, and Myriam Raymond-Jetté
Publication Date:: 07-2015
Content Type:: Policy Brief
Institution:: The International Center for Transitional Justice (ICTJ)
Abstract:: This briefing paper summarizes the findings of an ICTJ report (by the same name) on the judicial response to international crimes in the Democratic Republic of the Congo. It makes substantive recommendations to justice stakeholders in the DRC on how to advance prosecutions of international crimes in domestic courts, based on the finding that the number of open investigations related to serious crimes remains very low compared to the magnitude of atrocities committed in the DRC. It is based on ICTJ research and interviews with Congolese prosecutors, judges, lawyers, and investigators; members of national and international civil society groups; and MONUSCO and UN personnel.
Topic:: Transitional Justice, Criminal Justice, Accountability, and Judiciary
Political Geography:: Africa and Democratic Republic of Congo

Author:: Michèle Laborde-Barbanègre, Guy Mushiata, and Meritxell Regue
Publication Date:: 05-2014
Content Type:: Policy Brief
Institution:: The International Center for Transitional Justice (ICTJ)
Abstract:: This briefing paper provides an overview of the proceedings against Germain Katanga and Mathieu Ngudjolo before the International Criminal Court. The conviction and sentence against Katanga signifies the first final judgment of the ICC.
Topic:: Criminal Justice, Accountability, and International Criminal Court (ICC)
Political Geography:: Africa and Democratic Republic of Congo

Author:: Michèle Laborde-Barbanègre, Guy Mushiata, and Meritxell Regue
Publication Date:: 06-2014
Content Type:: Policy Brief
Institution:: The International Center for Transitional Justice (ICTJ)
Abstract:: This paper provides a description of the brief proceedings against Callixte Mbarushimana and Sylvestre Mudacumura before the International Criminal Court.
Topic:: Criminal Justice, Accountability, and International Criminal Court (ICC)
Political Geography:: Africa and Democratic Republic of Congo

Author:: Michèle Laborde-Barbanègre, Guy Mushiata, and Meritxell Regue
Publication Date:: 05-2014
Content Type:: Policy Brief
Institution:: The International Center for Transitional Justice (ICTJ)
Abstract:: This briefing paper provides an overview of the proceedings against Thomas Lubanga before the International Criminal Court since the start of the prosecutor’s investigation in 2004 until the 2012 decisions of Trial Chamber I concerning the verdict, the sentence, and reparations. It identifies the most important rulings and issues surrounding the case.
Topic:: Criminal Justice, Accountability, and International Criminal Court (ICC)
Political Geography:: Africa and Democratic Republic of Congo

Author:: Michèle Laborde-Barbanègre and Roxane Cassehgari
Publication Date:: 09-2014
Content Type:: Policy Brief
Institution:: The International Center for Transitional Justice (ICTJ)
Abstract:: This briefing paper analyzes and reflects on the development of the ICC prosecutor’s strategy and application of procedural rules, since operations began at the International Criminal Court more than a decade ago. The mixed results of the court’s first cases, which arise from the situation in the Democratic Republic of the Congo, underscore that the ICC, as a complementary forum, is not mandated to investigate and prosecute all international crimes. National courts must step in. The paper recommends, among other reforms, that the court explore new ways to adapt the Rules of Procedure and Evidence to take into consideration the important role and participation of civil society.
Topic:: Civil Society, International Law, Criminal Justice, Accountability, and International Criminal Court (ICC)
Political Geography:: Africa and Democratic Republic of Congo

Refine your search