The International Federation for Human Rights and its member organisations in the Democratic Republic of Congo (DRC), Association africaine des droits de l’homme (ASADHO), Ligue des électeurs and Groupe Lotus, welcome the fact that the arrest warrant against Bosco Ntaganda issued by the International Criminal Court (ICC) in August 2006 was made public yesterday. [1] Our organisations call upon all States Parties to act in order to facilitate the arrest and surrender of Ntaganda to the ICC, as soon as possible.
However, our organisations remain disappointed that the sole charges of enlistment, conscription and use of child soldiers have been brought against Bosco Ntaganda, whereas numerous other international crimes have been committed by the Forces Patriotiques pour la Libération du Congo (FPLC), a militia which was active in Ituri (Province orientale) and of which Bosco Ntaganda was the Deputy Chief of General Staff for Military Operations.
The FPLC allegedly acted jointly with the Union de Patriotes Congolais (UPC). The FPLC was the military branch of the UPC. Contrary to Thomas Lubanga, leader of the UPC, surrendered to the Court in 2006, Bosco Ntaganda is still at large.
According to the information revealed by the Court, Ntaganda continues to be involved in the commission of crimes in DRC, and in particular in the province of North Kivu, with the Congrès national pour la défense du peuple (CNDP), an armed group acting under the command of Laurent Nkunda. The CNDP is reportedly responsible for "serious crimes committed in the two Kivu provinces- including sexual crimes of unspeakable cruelty". [2]
FIDH and its three member organisations in DRC hope that the unsealing of this arrest warrant will contribute to the deterrence of crimes perpetrated in the Kivus. Our organisations call for his immediate arrest.
Nevertheless, FIDH and its three member organisations in DRC deeply deplore that, as Lubanga, Ntaganda is prosecuted only for enlistment, conscription and use of child soldiers. Our organisations have repeatedly called upon the ICC Prosecutor to extend his investigations, in order to ensure that ICC investigations and prosecutions are representative of crimes committed in Ituri. [3]
FIDH and its member organisations recall that in June 2006, the ICC Prosecutor explained his decision to temporarily suspend investigations on other crimes committed by Thomas Lubanga. This decision was determined, in particular, by the lack of time to conduct the supplementary investigations that were necessary to collect further evidence, within the time frames imposed by the Court. [4] Our organisations consider that these arguments do not apply to the Ntaganda case, because the suspect has not yet been surrendered to the ICC. We recall that there is much evidence on the commission of other crimes by the UPC/FPLC. [5]
Therefore, FIDH and its member organisations in DRC call upon the ICC Office of the Prosecutor to resume the investigations with the aim of bringing further charges against Bosco Ntaganda. The selection of counts must match the very reality of the crimes perpetrated in Ituri. The limited scope of the ICC investigations might bring about lack of credibility in the Court’s actions on the ground. It can also contribute to victims’ disappointment.