Re: International Criminal Court (ICC) Indictment Relating to Crimes of Sexual Violence Committed in the Democratic Republic of the Congo (DRC)
Dear Mr. Prosecutor,
We are writing to you on behalf of the Coalition for Women's Rights in Conflict Situations to highlight the need to include, wherever feasible, sexual violence crimes perpetrated in Democratic Republic of Congo (DRC) since July 1st, 2002 , in the early investigations and first indictments of your Office. The integrated and early inclusion of such charges is, in our view, essential in order to end impunity violations of international humanitarian law and render justice for victims of crimes of sexual violence in the DRC. In addition, the inclusion of such charges is needed to carry over to the ICC a fundamental achievement of the ad hoc tribunals and to fulfill a key function foreseen by the Rome Statute's drafters.
The Coalition for Women's Rights in Conflict Situations (Coalition) was established in 1996 to address the abuse of women's rights in conflict situations, to condemn the practice of rape and other inhumane treatments of women as deliberate instruments of war, and to ensure, where appropriate, that these practices are prosecuted as war crimes, crimes against humanity and crimes of genocide. The main focus of the Coalition's work is to promote the adequate prosecution of perpetrators of crimes of gender violence in transitional justice systems working in Africa , in order to create precedents that recognise violence against women in conflict situations and help find ways to obtain justice for women survivors of sexual violence.
Since 2001, the Coalition has monitored the massive perpetration of sexual violence in the Democratic Republic of Congo. We want to congratulate you on your decision to open an investigation in DRC and would like to express our support for this continued investigation.
Since 2001, Human Rights Watch, Fédération Internationale des Droits de l'Homme, Amnesty International, as well as Congolese NGOs have released many public reports on the devastating levels of sexual violence in the DRC, in particular in the Ituri, in the Kivus, in the Maniema and in the Oriental province. We have gone through these public reports to evaluate the main characteristics of the sexual violence crimes perpetrated since July 1 st , 2002 . A summary of our factual findings is annexed to the present letter.
In addition to the above mentioned NGO reports we are aware that you have received reports from international organizations and institutions, including the MONUC, that document violations of international human rights and international humanitarian law committed in the DRC. As you may know, grass-roots organizations based in the DRC and working in human rights, in medical services, and in women's human rights continue to document these violations.
The systematic use of sexual violence as a weapon of war in the North East and the Eastern DRC is now an indisputably documented matter of public knowledge. As you are aware, Human Rights Watch has recently stated that the ICC should “[e] nsure that crimes of sexual violence committed in eastern Congo that constitute war crimes or crimes against humanity are made a priority of investigations and prosecutions”, (1) a call which we strongly endorse. As sexual violence is used as a weapon of war in the conflict in the DRC, we urge you to include in future indictments the counts of rape, slavery and sexual slavery, forced prostitution, forced pregnancy, forced sterilization, gender persecution as well as all other forms of sexual violence such as sexual torture, sexual mutilation as well as murder by intentional transmission of the HIV/AIDS virus.
The Coalition sent a mission to the North-East of the DRC in August 2004 to meet with local NGOs to discuss international gender justice in the context of the DRC and possible areas of collaboration. Due to the high level of military and political instability in the area and the presence of militias, armed groups, dissident armed movements, and foreign-armed groups in the East and North-East of DRC, local NGO staff reported to us that they fear retaliation for the victims, the witnesses and themselves. Thus, even if they strongly desire justice, they are very reluctant to directly be in touch with and/or to be seen with anyone associated with the ICC, in particular members of your investigation team. The experiences of the International Criminal Tribunal for Rwanda and the Sierra Leone Special Court demonstrate the importance of a strong public awareness program and the requirement to integrate potential witnesses in the witness protection program in the early stages of the investigation process, as well as to support them , before, during and after trial. Given the volatile security situation in the DRC and the on-going conflict, adequate protection to victims, witnesses and NGOs working on international justice is also a pre-requisite that will guarantee the efficient prosecution and the conduct of trials.
To ensure a gender perspective in the investigation of crimes of sexual violence we greatly encourage that ICC investigators and prosecutors continue to participate in gender training. Investigation and prosecution are critical stages that necessitate the creation of a high ranking gender legal advisor position to ensure a gendered perspective throughout the work of the Office of the Prosecutor. This position is vital to the success of these investigations and prosecutions as well as for the appropriate treatment of witnesses at all stages of the justice process.
The Coalition is well aware of the challenges that face the investigation of crimes of international concern and above all of crimes of sexual violence in Ituri. We fully intend to remain engaged with respect to this matter and to do everything within our power to assist your Office and the Court in giving effect to the above recommendations. In concluding we wish to underscore that your Office, in including sexual violence charges in the first indictment of the ICC, faces an essential opportunity to send an important message to the international community and to actors in armed conflict around the world, and to pave the way for the ICC to fulfill the mandate foreseen for it by its drafters and supporters. V ictims of gender crimes deserve justice and reparations. Their right to redress for the egregious crimes they suffered must not be overlooked.
We look forward to hearing from you and to pursuing this dialogue with you on these issues.
Sincerely,
Ariane Brunet
CC: Justice Claude Jorda
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1) http://www.hrw.org/reports/2005/drc0305/drc0305text.pdf , p. 6 Return
