One million civilians flee east DR Congo in surging attacks, IOM says

"Across the country, over 26 million people need humanitarian aid from a population of around 100 million," the IOM said. Read more.

Report at The EastAfrican - theeastafrican.co.ke

By AFP (Agence France-Presse) More by this Author

Dated Sunday 18 June 2023 - full copy:

One million civilians flee east DR Congo in surging attacks, IOM says

People displaced by war between M23 rebels and DRC army war flee towards the city of Goma in North Kivu Province on November 15, 2022. PHOTO | ALEXIS HUGUET | AFP

Almost one million people have fled their homes in eastern Democratic Republic of Congo so far this year, the International Organisation for Migration (IOM) said on Thursday.

"A surge in attacks on civilians by non-state armed groups has newly displaced close to one million people in the Democratic Republic of the Congo since January," the IOM said in a statement.

"An estimated 6.1 million people are internally displaced in the DRC, a 17 percent increase from October 2022," it added.

"As the conflict intensifies, the humanitarian situation continues to deteriorate, and millions are facing acute food insecurity as well as other critical needs," the UN agency said.

"Since the beginning of the year armed attacks against civilians in the eastern Kivu and Ituri regions have resulted in loss of life, massive population displacements and growing instability," the organisation stressed.

"Across the country, over 26 million people need humanitarian aid from a population of around 100 million," the IOM said.

In the early hours of Monday, at least 46 people, half of them children, were killed in a militia attack on a camp for displaced people in Ituri province, security analysts and a local community leader said.

That attack was blamed on the Cooperative for the Development of the Congo (Codeco) militia, which claims to protect the Lendu community from rival ethnic group, the Hema.

"This tragedy also resulted in the renewed displacement of over 7,800 people from the site, destruction of shelter and personal belongings," the IOM said.

"IOM condemns this heinous violation of international humanitarian law and recalls that attacks against civilians may constitute war crimes," it added.

On Thursday the International Criminal Court in The Hague announced it will examine allegations of war crimes by armed groups in the Democratic Republic of Congo's volatile east, after Kinshasa made a new formal referral to the tribunal.

Kinshasa has accused the M23 rebel group of attacks in the DRC's mineral-rich North Kivu, and says Rwanda is backing the Tutsi-led militia. Kigali denies any involvement in the violence.

Armed groups have plagued much of the eastern DRC for three decades, a legacy of regional wars that flared in the 1990s and 2000s.

Related
12 killed in east DR Congo militia attack 

Congo army, M23 trade blame for ceasefire violation 

Children among 46 killed in attack in east DRC

HRW: Mass graves found in east DR Congo village

View original: https://www.theeastafrican.co.ke/tea/news/east-africa/one-million-civilians-flee-congo-as-attacks-surge-4273798

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ICC Prosecutor's statement on referral by DRC

Statement of the Prosecutor of the #ICC, #KarimAAKhanKC, on the referral by the Democratic Republic of the Congo regarding the situation in its territory ⤵️ https://t.co/U5tgSENiq0

— Int'l Criminal Court (@IntlCrimCourt) June 15, 2023

[Ends]

ICC - France arrests Rwandan rebel leader Callixte Mbarushimana in Paris for war crimes committed in DR Congo’s Kivu province in 2009

ACTING on a warrant issued by the International Criminal Court (ICC), French police arrested Callixte Mbarushimana, vice-president of the Democratic Forces for the Liberation of Rwanda (FDLR), on Monday, 11 October 2010, in his Paris apartment. He stands charged of 11 counts of war crimes and crimes against humanity in DRC in 2009.

The ICC alleges that Mbarushimana planned a series of crimes from his base in France with the intention of creating a humanitarian catastrophe, then extorting concessions of political power from the international community.

Almost two million people are internally displaced in eastern DRC’s Kivu provinces, in large part due to the activities of the FDLR.

Full story below.



Photo: Callixte Mbarushimana, seen here in 2004 (AFP)

Analysis: Rebel leader’s arrest just one step in fight against impunity in DRC
Source: IRIN - www.irinnews.org
Date: Thursday, 21 October 2010:

(LONDON) - The recent arrest in Europe of a senior Rwandan militia leader is a welcome step in the fight against impunity in eastern Democratic Republic of Congo (DRC) but real progress in the protection of civilians depends on the apprehension of commanders on the ground, according to analysts.

Acting on a warrant issued by the International Criminal Court (ICC), French police arrested Callixte Mbarushimana, vice-president of the Democratic Forces for the Liberation of Rwanda (FDLR), on 11 October in Paris. He stands charged of 11 counts of war crimes and crimes against humanity in DRC in 2009.

Almost two million people are internally displaced in eastern DRC’s Kivu provinces, in large part due to the activities of the FDLR.

International and local human rights groups applauded Mbarushimana’s arrest which comes after a long and controversial military campaign to stamp out the Hutu-dominated group that formed in DRC after the 1994 Rwandan genocide.

But they suggest impact on the ground - where a brutal campaign of murder and rape allegedly committed by FDLR soldiers has blighted the lives of civilians - will be minimal.

“It is clear from the latest military operations that the FDLR is weakened, and the arrest of individuals in Europe just weakens them even further,” said Anneke Van Woudenberg, senior researcher at Human Rights Watch.

“But will it stop them attacking civilians? I fear not. I think that we’ve seen in the past that it doesn’t have an immediate impact on behaviour on the ground, because there has been this division between the political movement [in Europe] and the military leadership in the field.”

Mbarushimana took over the FDLR’s political wing following the November 2009 arrests of FDLR President Ignace Murwanashyaka and his deputy Straton Musoni in Germany. They remain in German custody charged, under the principle of universal jurisdiction, with bearing command responsibility for war crimes and crimes against humanity committed by FDLR troops eastern DRC.

ICC allegations

The ICC alleges that Mbarushimana planned a series of crimes from his base in France with the intention of creating a humanitarian catastrophe, then extorting concessions of political power from the international community.

ICC prosecutor Luis Moreno Ocampo said the latest arrest could help demobilize the FDLR “After 16 years of continuous violence, this could be an opportunity to finally demobilize the group,” said ICC prosecutor Luis Moreno Ocampo in a press release. “Their leaders are gone.”

But not everyone is convinced that FDLR will give up their fight so easily. Fidel Bafilemba, the eastern DRC field researcher for the Enough Project, says the soldiers on the ground care little for international warrants for European leaders. “Why should this [latest] arrest make a difference that the arrest of Ignace Murwanashyaka didn't make?” he said.

In fact, one of the most shocking incidents in DRC’s recent history occurred long after Murwanashyaka and Musoni were taken into custody - the rape of hundreds of women near Walikale in August, allegedly by FDLR soldiers and their Congolese Mayi-Mayi allies.

Many recent atrocities attributed to the FDLR have come in apparent response to the military campaigns against them by the Rwandan and DRC armies assisted by the UN peace-keeping force in DRC, known as MONUSCO (formerly MONUC).

“What I fear with FDLR is that they have shown when under military pressure they attack Congolese civilians,” said Van Woudenberg. “The recent rapes in Walikale are a prime example of the FDLR and their Mayi Mayi allies punishing Congolese people for their perceived support for these military operations against them.”

Independent DRC analyst Jason Stearns describes the military approach to date as clumsy and says it has worsened the humanitarian catastrophe in the east. He is also unconvinced that targeting Europe-based FDLR will stamp out the rebels.

“We should crack down on the diaspora, but let’s not lose sight of the fact that in the larger scheme of things it’s not going to be by any stretch of the imagination the key factor in dealing with the FDLR,” said Stearns, the former head of the UN Group of Experts on Congo. “There are other much more important issues to deal with than the diaspora.”

He believes that MONUSCO and others should be reaching out to the commanders on the ground who were not involved in the Rwandan genocide - many of whom are tired of life in the forest and the constant military pressure. “There has been relatively little outreach to them,” he said.

“We need to find out who the genocidaires [those who took part in Rwanda’s 1994 genocide] are in the FDLR, but we just don’t know. It’s hard to engage in this outreach to commanders if you are operating with this lack of information.”

DRC army accused of crimes against humanity Stearns proposes third country exile for FDLR members found not to be involved in violations of international law and who do not want to return to Rwanda.

“Powerful signal”

International Crisis Group’s central Africa senior analyst, Guillaume Lacaille, agrees that military offensives alone will not end the violence and that FDLR military leaders in the field should be given the opportunity to relocate, but within the DRC.

“Those who accept to leave the FDLR could be relocated in a western province of the Congo in exchange for disarmament, rather than accept immediate repatriation to Rwanda,” he said.

Lacaille, however, insists the arrest of Mbarushimana and the others is also an important part of the process of bringing peace to eastern DRC.

“It sends a powerful signal that directing from Europe a criminal group operating in Congo will have serious consequences,” he said. “In the past, leaders of armed groups were led to believe that they could operate safely from comfortable Western capitals. The ICC and the governments of Germany and France demonstrated clearly that it is not possible any more.”

Enough’s Bafilemba also sees the new ICC case as a positive step towards ending impunity in DRC, but expects more from the court. That means warrants for crimes committed by all sides in the conflict including the national army which this week came under pressure from Margot Wallstrom, the UN envoy on sexual violence in conflict, who accused its soldiers of murdering and raping villagers in Walikale.

Van Woudenberg, meanwhile, is calling on the Rwandan government to do its part in ending the violence.

“As long as the political space in Rwanda is not opened up to the Hutu, the problem of the FDLR will continue,” she said. The lasting solution to this problem of Hutu and their political space is Rwanda and Rwanda will need to open this political space.”

Rwandan President Paul Kagame responded to this oft-voiced view in his 6 October swearing-in speech that followed his 93 percent landslide victory in an August election:

“…That there is no political space … what do you mean? The political space is well and fully occupied by the people of this country. And if the people of this country has spoken in such numbers and freely, who are you to question anything they have said? Where do you come from? From Mars?” lc/am/cb

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A Win Against Impunity: Callixte Mbarushimana Arrested in Paris
Source: warcrimes.foreignpolicyblogs.com
Written by: Brandon Henander
Date: Tuesday, 12 October 2010. Excerpt:

[...] What many find most offensive is that Mbarushimana was a U.N. employee during the Rwandan genocide; he used that priviledge to further the genocide by identifying employees to be killed, identifying safe-havens designated by the U.N. and evacuation points to Hutu militias; and personally carried out genocidal murders himself. Up to a dozen eye witnesses have come forward testifying that Mbarushimana supervised killings of Tutsis during the genocide and/or pulled the trigger himself.

The ICTR failed to sign his indictment in 2001 alleging that his role in the genocide was not large enough to warrant prosecution in front of the special tribunal, even though he was implicated in over 30 murders and grossly abused his position as an international civil servant. Unfortunately he went on to help mastermind killings and other war crimes and crimes against humanity that rose to the level of severity worthy of consideration before an international criminal venue.

- - -

Related Reports

1. Court refuses to release Callixte Mbarushimana from detention ‎ Rwanda News Agency (registration) - 3 days ago Paris: The appeals court in Paris on Wednesday rejected a plea by indicted FDLR chief Callixte Mbarushimana to be released from detention – and his lawyers ...

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2. French court rejects request to free Rwandan rebel leader ‎ AFP - 3 days ago PARIS — A French appeals court on Wednesday rejected a request by Rwandan rebel leader and war crimes suspect Callixte Mbarushimana that he be released from ...

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3. A break in Congo ‎ Los Angeles Times - 23 Oct 2010 That is why the recent arrest in Paris of Callixte Mbarushimana, the executive secretary of the FDLR, on a warrant from the International Criminal Court ...

4. Ending Impunity In the Congo ‎ Voice of America - 22 Oct 2010 Callixte Mbarushimana is a top official of the Democratic Forces for the Liberation of Rwanda, the FDLR, a rebel group that for years has wreaked havoc in ...

5. The French-American Foundation Weekly Breif ‎ FranceToday.com - Patrick Lattin - 22 Oct 2010 French police arrested Rwandan Callixte Mbarushimana in his Paris apartment on Monday, October 11 th . Mbarushimana is believed to be a leader of the FDLR, ...

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6. Analysis: Rebel leader's arrest just one step in fight against ... ‎ Rwanda News Agency (registration) - 22 Oct 2010 Acting on a warrant issued by the International Criminal Court (ICC), French police arrested Callixte Mbarushimana, vice-president of the Democratic Forces ...

7. UN - Daily Press Briefing by the Office of the Spokesperson for ... ‎ ISRIA (registration) - 22 Oct 2010 I don't know if you have seen it, but he speaks about the case of Callixte Mbarushimana, saying that he wants to look at the UN's failure in that and that ...

8. Rwandan War Crimes Suspect Makes First Appearance in French Court ‎ NTDTV - 20 Oct 2010 Rwandan rebel leader Callixte Mbarushimana, accused of war crimes in the Democratic Republic of Congo (DRC), makes his first appearance in a French court on ...

9. UN Resignation of Petrie Caused by Inaction on Staff Genocidaire ... ‎ Inner City Press - Matthew Russell Lee - 20 Oct 2010 Back on October 11, Inner City Press asked Inner City Press: does the UN have any comment on the arrest in Paris of Callixte Mbarushimana? ...

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10. At UN, Outsourced Report and Reporter Dodge Congo Rapes ... ‎ Inner City Press - Matthew Russell Lee - 20 Oct 2010 Inner City Press: Okay, the next question is does the UN have any comment on the arrest in Paris of Callixte Mbarushimana? Spokesperson: I know who you mean ...

ICC releases Congolese warlord Thomas Lubanga Dyilo

• Last week, ICC proceedings against Lubanga were suspended after the defence complained that prosecution led by Argentinean lawyer Luis Moreno-Ocampo was not disclosing information by not identifying a key witness.

• The ICC trial chamber judges said on Thursday that Lubanga "an accused cannot be held in preventative custody on a speculative basis, namely that at some stage in the future the proceedings may be resurrected".

• The Prosecutor has failed to implement two of the Chamber's orders; those of July seven. For the reasons set out in the decision imposing the stay, this constituted a deliberate and in our judgement, wholly unjustified refusal to comply with the directions of the Court", Judge Fulford said.

From Hindustan Times
ICC releases Congolese warlord
Press Trust Of India
First Published: 11:44 IST(16/7/2010)
Last Updated: 11:49 IST(16/7/2010)

(United Nations - 16 July 16, 2010) - The International Criminal Court (ICC) has ordered the release of Congolese warlord Thomas Lubanga Dyilo, who used child soldiers in the Democratic Republic of the Congo's civil war. Last week, proceedings against Lubanga were suspended after the defense complained that prosecution led by Argentinean lawyer Luis Moreno-Ocampo was not disclosing information by not identifying a key witness.

The ICC trial chamber judges said on Thursday that Lubanga "an accused cannot be held in preventative custody on a speculative basis, namely that at some stage in the future the proceedings may be resurrected".

The Prosecutor has failed to implement two of the Chamber's orders; those of July seven. For the reasons set out in the decision imposing the stay, this constituted a deliberate and in our judgement, wholly unjustified refusal to comply with the directions of the Court", Judge Fulford said.

"It is fair that the issue of sanctions should await the outcome of the appeal," he added.

Lubanga, the former leader of the Union of Congolese Patriots from 1999 to 2003, operated in the Ituri region of the eastern Democratic Republic of the Congo (DRC).

He has been charged with war crimes for recruiting and using child soldiers in inter-ethnic conflict in Congo's Ituri Province.

Lubanga, who surrendered in 2006, was the first person to go on trial at the ICC. He has pleaded not guilty.

The hearings, which began in January 2009, have been bogged down by procedural irregularities.

Several witnesses asked for special protection during the trial since the Ituri region is still a dangerous place.

The prosecution has five days to appeal the decision.

The court also noted that before the order releasing Lubanga could be implemented, arrangements would have to be made for his transfer to a country that would receive him.

The ICC is presently dealing with situations in four countries, Uganda, Democratic Republic of Congo, Sudan and the Central African Republic.

In 2009, the ICC issued its first arrest warrant for a sitting head-of-state, Sudanese President Omar-al Bashir, for alleged war crimes and crimes against humanity in the Darfur conflict. This week, it added genocide to the charges against Bashir.

In April, the judges of The Hague based ICC, gave Moreno-Ocampo the green signal for investigating the ethnic violence that erupted after the disputed elections in Kenya, two years ago.

ICC's Outreach Programme is active in Uganda, DR Congo, CAR and Darfur (Sudan)

Currently, the International Criminal Court (ICC) Outreach Programme is active in Uganda, the Democratic Republic of the Congo, the Central African Republic and Darfur (Sudan). The programme promotes access to and understanding of judicial proceedings and fosters realistic expectations about the court's work. This in turn has engendered greater local community participation by addressing their concerns and countering misperceptions.

From The Guardian in Nigeria, Wednesday, November 25, 2009:
ICC registrar presents outreach report to member states
By Francis Obinor

THE International Criminal Court (ICC) has presented its Outreach Report 2009 to representatives of States and Non-Governmental Organisations attending the Eighth Session of the Assembly of the States Parties to the Rome Statute in The Hague.

The court's head of the Outreach Unit, Claudia Perdomo, yesterday told The Guardian that the Registrar, Silvana Arbia, informed those present that during the period covered by the report, from October 1, 2008 - October 1, this year, more than 39,665 individuals participated in 365 Outreach activities.

According to her, the use of local radio and television stations was dramatically increased in order to expand the number of people receiving the message of the Court in a most effective way and to support daily Outreach activities.

"It is estimated that nearly 34 million people were regularly informed through the media during the yearly timeframe," she said.

Arbia recalled that the Outreach Programme was established to cultivate a level of awareness and understanding of the court's mandate and activities among the most affected communities of situation and cases before the court.

Currently, the Outreach Programme is active in Uganda, the Democratic Republic of the Congo, the Central African Republic and Darfur (Sudan). The programme promotes access to and understanding of judicial proceedings and fosters realistic expectations about the court's work. This in turn has engendered greater local community participation by addressing their concerns and countering misperceptions.

Building on the experience of the last three years, in the upcoming period, the Outreach Unit will continue to apply participatory and interactive methodologies in all activities, and will prioritise themes agreed upon with beneficiaries of the Outreach Programme.

To facilitate this evolving process, the following four categories have been defined, under which activities and key target populations are grouped, and relevant thematic approaches are identified: the Community Outreach Programme engaging affected communities and civil society organisations; the Legal Outreach Programme engaging legal practitioners; the Academic Outreach Programme engaging schools and universities; and the Media Outreach Programme engaging journalists.

The Registrar concluded that "in all situations, to fulfill the mandate to communicate with affected communities support from States, including national authorities and local civil society organisations, remains crucial. Putting public radio stations and television channels at the court's service would ensure public access to the court's proceedings which is a fundamental element of a fair trial."

Lastly, a video documenting key findings of the Outreach Report in each of the situation related countries was shown. Questions asked by State's delegates attending the meeting, as well as Civil Society representatives, were answered by ICC staff, including the Outreach Co-ordinators who are based in the field, in the situation countries.

Meanwhile, ICC prosecutor has told judges at the international court that two Congolese militia leaders sent child soldiers and other fighters to wipe out a village in a revenge attack that left more than 200 men, women and children dead.

"Some were shot in their sleep, some cut up with machetes to preserve bullets. Others were burned alive after their houses were set on fire," Luis Moreno Ocampo said in his opening statement.

The two alleged commanders, Germain Katanga, 31, and Mathieu Ngudjolo, 39, both pleaded not guilty to three crimes against humanity and seven war crimes, including murder, rape, sexual enslavement and pillage.

It was only the tribunal's second trial since it began operations in 2002. The first case, of alleged Congolese warlord Thomas Lubanga who is accused of recruiting child soldiers, started in January.

Prosecutors say Katanga and Ngudjolo led two mobs of child soldiers and older fighters armed with automatic weapons, machetes and spears to destroy the village of Bogoro in Congo's mineral-rich Ituri Province on February 24, 2003. Many of the victims were hacked to death.

The village was strategically located on a crossroad and was the base of a rival militia known as the UPC.

Ocampo said the attack went far beyond a legitimate military campaign to become revenge for earlier UPC attacks.

"The plan was to wipe out Bogoro," he said. "Destroy not only the UPC camp but the whole village."

Katanga and Ngudjolo both sat impassively as Ocampo outlined his case, accusing their soldiers also of raping women and forcing others into marriage or sexual slavery.

He quoted Katanga as boasting after the attack that "nothing was spared. Absolutely nothing. Chickens, goats, everything ... was wiped out."

Lawyers for some 345 victims - including some of the child soldiers forced to carry out the massacre - are also taking part in the trial.

"Their childhood was brutally interrupted and they have been in hell from one day to the next," said Belgian attorney, Jean-Louis Gilissen, who is representing child soldiers. He said the children were abducted and ordered to fight "as vanguard troops for the butchery of Bogoro."

Another victims' lawyer, Fidel Nsita Luvengika, said establishing the truth will allow his clients to mourn slain family members.

"They don't know what happened to their families. They don't know how they were killed or whether they were buried," he said.

Prosecutors plan to call 26 witnesses to support their case. In an indication of the ongoing climate of fear in Ituri, 21 of them will testify with their identities shielded from the public.

Among other cases at the world's first permanent war crimes court, former Congolese Vice President Jean-Pierre Bemba is in custody and is scheduled to go on trial next year for alleged crimes in the Central African Republic. Sudan's President Omar al-Bashir and two other Sudanese have been charged with atrocities in Darfur. The leaders of brutal Ugandan rebel group the Lord's Resistance Army also are under indictment.

Cross-posted to Sudan Watch and Uganda Watch.