A Rwandan court rejected a lawsuit brought by captured Democratic Republic of Congo (DRC) rebel leader Laurent Nkunda seeking his release from Rwandan custody. Nkunda was apprehended by Rwandan authorities in January near the DRC border after a joint DRC-Rwandan military operation to capture him and root out Rwandan Hutu rebels operating in the DRC. He is the leader of the National Congress for the Defense of the People (CNDP), a rebel group operating in the eastern DRC province of Nord-Kivu. According to Nkunda's lawyer, he is being held illegallywithout charges or access to counsel. Nkunda faces an uncertain legal future, with the DRC government having called on Rwanda to extradite him to face charges for atrocities committed by forces under his command.
Another possibility for Nkunda is extradition to the International Criminal Court (ICC) in The Hague. While there is no arrest warrant or case outstanding against Nkunda, the ICC has issued an arrest warrant and prepared a case against his deputy in the CNDP, Bosco Ntaganda, for war crimes committed in the DRC, including the recruitment and use of child soldiers. Nkunda has repeatedly denied allegations of war crimes against him and the CNDP.
In November, head of the UN Peacekeeping Mission to the Democratic Republic of Congo (MUNOC) Alan Doss condemned the killing of civilians in Nord-Kivu by militia groups as war crimes. Prior to Doss' statement, MUNOC announced that it had received "credible reports" that civilians had been targeted by militia groups including Nkunda's CNDP. Earlier in November, ICC Chief Prosecutor Luis Moreno-Ocampo reasserted that the ICC has jurisdiction over war crimes, crimes against humanity, and genocide committed in Nord-Kivu, and that his office intends to punish those responsible. (Jurist, April 21)
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ICC Called to issue an Arrest Warrant Against Nkunda
“What is the ICC waiting for to issue an arrest warrant against Nkunda?”
The Mobilization for Justice and Peace in the D.R. Congo (MJPC) today called on the International Criminal Court (ICC) to issue an arrest warrant against laurent Nkunda accused of multiple war crimes and crimes against humanity which are well documented by various human right organzations including Amnesty International and Human Rights Watch. Laurent Nkunda, former leader of the National Congress for the Defence of the People (CNDP) armed group, was arrested on 22 January and is detained at an undisclosed location in Rwanda.
How long would it take for the chief prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo to decide whether or not to issue an arrest warrant against Nkunda? echoed Makuba Sekombo, Director of Community Affairs of MJPC. The ICC Prosecutor has been investigating war crimes and crimes against humanity committed in the Democratic Republic of the Congo (DRC) since since 2004, but the ICC reportdely opened an investigation into alleged war crimes committed in the DRC since 1 July 2002.
Nkunda has been repeatedly implicated in numerous serious war crimes and crimes against humanity since 2002. In September 2005, the Congolese government issued an arrest warrant for Nkunda, accusing him of numerous war crimes and crimes against human rights. Human Rights Watch, for example, which has been calling for his arrest for war crimes and crimes against humanity since February 2006 and has documented summary executions, torture and rape committed by soldiers under the command of Nkunda in Bukavu in 2004 and in Kisangani in 2002. Also armed groups loyal to warlord Nkunda have been repeatedly accused of using rape as a weapon of war and the recruitment of child soldiers, some as young as 12 after the abduction from their homes. In November 2008, the UN mission in the country (MONUC), Humn Rights Watch many other organizations accused Nkunda of war crimes in November 2008; an estimated 150 people were killed innoncently in the town of Kiwanja by the troups loyal to Nkunda.
The MJPC deplores the refusal by the Government of Rwanda to hand over Nkunda for trial. “How shocking that Rwanda which has been receiving assistance from the International community to arrest genocide suspects and hand them over to the ICTR or to Rwanda would not allow for the extradition of a war criminal accused of massacring civilians, sexual violence, abduction of civilians, including children forcibly recruited as fighters and then used to attack civilian communities” said Mr. Sekombo.
“While Nkunda is not the only one who committed war crimes and crimes against humanity, the ICC arrest warrant would mark a major step in promoting accountability for war crimes and crimes against humanity committed in DRC, added Sekombo. As part of its campaign to combat impunity in DRC, MJPC launched an online petition in November 2008 whic can be signed at http://www.gopetition.com/online/23604.html calling for immediate arrest of Nkunda. So far more than 1365 people from over 50 countries have signed the petition.
About MJPC
MJPC works to add a voice in advocating for justice and peace in the DRC particulary in the east of DRC where thousands innocent civilian including children and women continue to suffer massive human rights violations while armed groups responsible for these crimes go unpunished.
For more information about MJPC and its activities, visit http://www.mjpcongo.org. or call Makuba Sekombo @ 1 408 806 3644. or e-mail: info@mjpcongo.org . The online petitions calling for the arrest can be signed at http://www.gopetition.com/online/23604.html
MJPC Urges the ICC to Refer Congo to the UN
“There are serious dangers in continuing to allow Congo defy the ICC arrest warrant against Ntaganda; its sends a wrong message and could have disastrous effects in other countries”
Citing the importance for the newly-created International Criminal Court (ICC) to remain an impeccably impartial institution, the MJPC reiterated its call on the ICC to refer the DR Congo to the Security Council for possible sanctions.
The MJPC (Mobilization for Justice and Peace in the Congo) warned that in the Congo as elsewhere, the ICC as a new international instrument to promote the rule of law and ensure that the gravest international crimes do not go unpunished could quickly lose its moral value if it does not take concrete steps to start enforcing its own issued arrest warrants.
“Frankly the ICC cannot put off forever bringing the DR Congo before the Security Council for its continuing refusal to execute the outstanding ICC arrest warrant against Ntaganda,” said Makuba Sekombo, Director of Community Affairs of the MJPC, an organization that strongly denounces defying ICC arrest warrants in Congo. “There are serious dangers in continuing to allow Congo defy this arrest warrant, its sends a wrong message and could have disastrous effects in other countries,” added Sekombo.
Ntaganda is accused of several war crimes and crimes against humanity including: the massacres of 150 people in the town of Kiwanja in 2008 in his duties as military chief of staff of the National Congress for the Defense of the People (CNDP), torturing and killing of hundreds of civilians of Lendu and Ngiti ethnicity between August 2002 and March 2003 when he was chief of military operations of the Union of Congolese Patriots (UPC), slaughtering of at least 800 civilians on ethnic grounds at Mongbwalu, including the first priest killed in the Ituri conflict, Abbe Boniface Bwanalonga, killing of a Kenyan UN peacekeeper in January 2004 and kidnapping a Moroccan peacekeeper later that year, and recruiting child soldiers in the eastern region of Ituri. The MJPC is strongly urging the Congolese Government and MONUC to execute the arrest warrant issued by the ICC against Ntaganda.
According to Mr. Sekombo, the failure in the arrest of Bosco Ntaganda to date highlights the lack of seriousness in enforcing arrest warrants issued by the ICC and strongly urges the ICC to refer the case of Ntaganda to the UN Security Council to find solutions in accordance with Article 87, paragraph 7 of the Treaty of Rome.
The MJPC is calling for Congo to be taken to the Security Council, as it claims Kinshasa is in clear violation of the ICC treaty which Congo ratified in 2002. The ICC cannot afford to ignore its statutory responsibility to report this matter” to the Security Council,” he said, adding that the Security Council would have the authority to require Congo to take all necessary corrective measures to enforce all ICC arrest warrants immediately.
An online petition has been set up asking concerned citizens around the world to demand the UN Mission in Congo known as MONUC and the Congolese Government to act decisively to enforce the ICC outstanding arrest warrants against Ntaganda. The petition can be signed at http://www.gopetition.com.au/online/24459.html
Click here http://www.arrestntagandanow.org/may112009.aspx to read a full article on referring Congo to the UN Security Council if it continues to defy the execution of the Arrest Warrant of the ICC Against Ntaganda by Makuba Sekombo
About MJPC
MJPC is a non-profit organization working to add a voice in advocating for justice and peace in the DRC particulary in the east of DRC where thousands innocent civilian including children and women continue to suffer massive human rights violations while armed groups responsible for these crimes go unpunished.
For more information about the MJPC and its activities, visit http://www.mjpcongo.org . or call Makuba Sekembo @ 1 408 806 3644 or e-mail: info@mjpcongo.org . The online petition calling on the Congolese Government and MONUC to act decisively in enforcing the outstanding ICC arrest warrant against Bosco Ntaganda can be signed at http://www.gopetition.com.au/online/24459.html
Congo: UN reports refugee massacre
Congolese government soldiers killed at least 50 Rwandan civilian refugees and raped dozens of women during UN-backed operations against rebels in April, according to a United Nations report led by the special investigator Philip Alston. The massacre happened when the soldiers, mainly former Congolese Tutsi rebels integrated into the army, attacked the village of Shalio during an offensive in South Kivu Province. The report is likely to intensify pressure on the UN peacekeeping force, which is already under fire for backing the army in operations against Rwandan rebels despite complaints about abuse by soldiers. (NYT, Oct. 15)