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1 Background to the Paper The paper was drafted by Olivia Bueno, Associate Director at the International Refugee Rights Initiative and Gilbert Angwandi, Coordinator of the Association pour la promotion et la défense de la dignité des victims (APRODIVI) in consultation with other Congolese partners. Deirdre Clancy and Lucy Hovil of IRRI reviewed and edited the material and provided additional drafting. Just Justice? Civil Society, International Justice and the Search for Accountability in Africa This paper is the second of a series of papers developed by the International Refugee Rights Initiative in collaboration with local partners in Africa reflecting local perspectives on experiences with international justice. The series is designed to more fully explore perceptions of international justice and the social, political and legal impact of its mechanisms at the local level. It is aimed at opening up a dialogue about the successes and failures of the international justice experiment in Africa and the development of recommendations for a more productive and effective engagement going forward. Previous pieces in the series are: Just Justice: Civil society, international justice and the search for accountability in Africa (series introduction); and A Poisoned Chalice? Local civil society and the International Criminal Court’s engagement in Uganda. The International Refugee Rights Initiative would like to thank the MacArthur Foundation for its generous support of this paper series. 2 the Inter-Congolese Dialogue in 2002 had Introduction specifically underlined the need for accountability, advocating for the creation of a The region of Ituri in eastern Democratic Truth and Reconciliation Commission and the Republic of Congo (DRC) has been one of the exclusion of atrocity crimes from the general most heavily conflict-affected regions in the amnesty provisions that were being country over the last two decades. Violence in discussed.1 DRC civil society advocates saw the the DRC over this time has revolved around ICC as a useful tool in the larger battle to end two national wars that have pitted numerous impunity, and their advocacy was reportedly rebel groups and international actors against instrumental in ensuring that the situation in each other in a vicious struggle for resources, eastern DRC was ultimately referred to the political control and security. In Ituri, these ICC.2 Civil society on the ground in Ituri, national dynamics have intersected with, and however, was disorganized and knew little exacerbated, tensions between the Hema and about the Court. At the same time, as one Lendu ethnic groups who live in the region. activist said, the fact that the situation was so dire made some open to any intervention that As the Rome Statute of the International promised to ameliorate it, even if there was Criminal Court (Rome Statute) was coming limited understanding of what this might into force in 2002, violence was reaching entail in practice.3 alarming proportions in Ituri, with hundreds of thousands displaced. The escalating rate and Following the referral, the Court began its nature of the killings led observers to describe investigations in Ituri.4 The investigation the situation as “ethnic cleansing” and express quickly focused on the leaders of ethnically fears of genocide. Parallels were drawn aligned militias who were both fighting each between the ethnic fabric and political scene other and participating in the broader national in Ituri and the dynamics of pre-genocide conflict. Rwanda. Peacekeepers deployed through the United Nations Mission in the DRC (MONUC) Eight years later, and with the first trials were unable to quell the violence. In mid- winding to a close, it is an opportune moment 2003, an emergency mission of 1,800 to reflect on the Court’s involvement in the European Union personnel (Operation region and compare its impact to the Artemis) was sent to protect civilians in aspirations and expectations that were raised danger as preparations were made to by its initial engagement. reinforce MONUC. The proceedings at the Hague have garnered It was against this backdrop that the Office of significant attention, both within Ituri and at the Prosecutor (OTP) of the International the international level, and have generally Criminal Court (ICC) signalled that it was been welcomed as part of the broader monitoring the situation in Ituri and the DRC international fight against impunity. But how and had received information about serious are these proceedings perceived on the crimes. As indications were given that the ground in Ituri? Has the promise of an end to Prosecutor might move to start an impunity and to a peaceful future for those in investigation of his own volition, the Ituri been delivered? government of the DRC formally referred the situation to the ICC in 2004. As the population in Ituri awaits the first trial judgement in the case of Thomas Lubanga, For many in the DRC the intervention of the this paper offers some reflections on these ICC offered significant hope. Impunity had questions, focusing on the views and opinions been seen as a major obstacle to peace and of those on the ground, those who have been democratic governance. Indeed, closest to the violence. In so doing, it poses a representatives of Congolese civil society and number of questions: religious representatives who participated in 3 What does the ICC mean to Iturians? vulnerable communities where violence is What are the expectations of victims ongoing and the state protections are and affected communities in relation minimal. to the Court? Are the Court and its proceedings seen as credible and reliable? Have they Methodology shed light on the “truth” of what happened in Ituri as understood by This paper is based on data collected by different communities? APRODIVI and IRRI during the course of their work. What has been the perception of the impact of the ICC’s actions on peace APRODIVI has worked on the ground in Ituri and reconciliation? Is the ICC viewed with and on behalf of victims of serious as having had a dissuasive impact on human rights violations since 2004.6 It has those who might commit further focused on documenting and representing the violence? experience of victims, including informing What are the next steps in pursuing them about the right to participate in ICC accountability for the heinous crimes proceedings. In March 2010, prior to the committed in Ituri? Rome Statute review conference, APRODIVI carried out a survey of hundreds of Iturians in In attempting to answer some of these order to assess their impressions of the questions, the paper is part of a broader effort performance of the ICC. Survey documents to examine the impact of international justice were distributed to civil society organizations in Africa and is the second in a paper series and community leaders, and hundreds of entitled Just Justice? Civil Society, documents were returned. Shortly after this International Justice and the Search for research was carried out, however, key staff Accountability in Africa.5 of APROVDIVI experienced significant security threats and were forced to flee the DRC. As a The paper demonstrates current divergence in result, these documents were not available for people’s attitudes towards the Court. On the the writing of this report, although general one hand, the ICC is seen in Ituri as having impressions of the data have informed the pierced the veil of impunity: there is writing. Staff of APROVDIVI have continued to appreciation of the fact that leaders such as monitor the situation on the ground these can be forced to face trial. It was also consulting with victims and affected acknowledged that the security situation has individuals. improved significantly since the Court first became involved, attributed in part to the The paper also draws on work carried out by ICC’s engagement. IRRI over the last four years on and in the DRC, including: documenting reactions on the On the other hand, there was disappointment ground to proceedings in the Hague as they expressed about the nature and impact of the unfold for a series of blog postings for ICC intervention. Rooted in a perception that websites devoted to covering the ICC;7 there had been a lack of understanding of the research on the situation of intermediaries; context on the ground, concerns were raised and exploration of the possibilities of about prosecutorial strategy, continuing prosecuting crimes in DRC at the national barriers to full and effective participation of level. Most recently, in October 2011, in-depth victims and the fairness and objectivity of interviews were carried out with 15 key Court proceedings. More broadly these informants, church leaders, NGO activists, reflections suggest that some fundamental community leaders and others, in Ituri. These questions need to be asked about the current interviews provided an opportunity to update capacity of the Court to meet the kind of previous observations of victim perspectives expectations which are being created in by APRODIVI and IRRI. 4 Hema and created animosity among the The conflict in Ituri Lendu, referred to “inequalities, which are a colonial legacy … now being exploited”.14 In deciding to investigate in Ituri, the ICC Although 1999 marked a significant escalation Prosecutor became involved in a complex of the violence, it built on a longer history of reality. By the time the Court was in a position tension and conflict that is important to take to intervene, tens of thousands of lives had into account in thinking through what kind of been lost: 50,000 people were estimated to interventions are helpful. One man who had have been killed by the conflict between 1999 been displaced in 1992 commented that 8 and December 2002 alone, and an estimated understanding previous round of violence was additional 5,000 civilians are thought to have also important, “it would be good to died as a direct result of violence between July understand the origin of the conflict”.15 9 2002 and March 2003.

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