KINSHASA — International courts have failed to stop three decades of atrocities in conflict-torn eastern Democratic Republic of Congo, showing a special tribunal is needed, the International Criminal Court (ICC) chief prosecutor said Wednesday.
The eastern DRC, scene of decades of relentless conflict, has been plunged into fresh turmoil as fighters from the M23 group backed by Rwanda seize swathes of territory in the provinces of North and South Kivu.
In an interview with AFP during a visit to Kinshasa, ICC prosecutor Karim Khan admitted the international justice system’s failure to stem the gruesome atrocities that have accompanied decades of conflict in the region, and said he was “extremely concerned by the escalation of violence”.
The ICC, which has convicted three people of atrocities in eastern DRC and is currently investigating further crimes in the region, is “focusing on the awful accounts that are coming from the east”, he said.
He gave his backing to a proposal from the government in Kinshasa to create a special tribunal for the DRC, which is set to be discussed in April at an international conference in the capital.
Such a body is “absolutely” needed, he said.
‘Several different conflicts’
Despite the ICC’s efforts to address the situation in the DRC, “cycles of violence have continued”, Khan told AFP.
“We can’t just scratch the surface. It requires a more holistic approach. I think it requires a better-resourced, credible mandate dealing with genocide, war crimes and crimes against humanity.
“What we’re looking at is not just accountability in specific cases — that’s the basic responsibility — but one is trying to have a wider effect, a more profound effect that stops these cycles of violence that have bedevilled this extraordinary, diverse and rich land,” he added.
“That requires more justice and more consistently applied justice in all parts of the country.”
Khan underlined the complexity of coming to grips with the decades of violence that have racked the sprawling country.
“There’s not only one armed group. There’s many. It’s not only one part of the country. There’s several different conflicts going on and I think we need to address it holistically,” he said.
‘International institutions under siege’
The format of a special tribunal would be defined in April, but it “will be on the soil of the DRC” and “be DRC-owned”, Khan said, mentioning the possibility of a “hybrid” court including international and local judges, as has been tried in Colombia and the Central African Republic.
“We are going to do our best to make sure that justice is not something we say before the television cameras. It’s something that is felt by the people that are in terror,” he said.
His comments came at a time when the ICC and other international institutions face a crisis of confidence and sharp criticism, notably from the United States, which sanctioned Khan this month over investigations targeting US personnel and alleged Israeli war crimes in Gaza.
“We are in the middle of a storm in which different international institutions are under siege,” Khan said.
“Unless we can prove that they mean something to people in the DRC and in other parts of the world, there is going to be an erosion because we are under attack. By we, I mean the rules-based system,” he added.
“What we’re trying to do… is to show that the flag of justice that has been planted, that has been promised since Nuremberg, is not going to be taken or will not be allowed to fall lightly. We’re going to try our best to stand up for justice.”
