Africa

Bosco Ntaganda Convicted: A Long-Awaited Victory by the ICC

By: Madison Kenyon

Impunity Watch Staff Writer

KINSHASA, Congo — On July 8, 2019, the International Criminal Court (ICC) found Bosco Ntaganda guilty. The Court convicted him of 13 counts of war crimes, including: murder and attempted murder, intentionally directing attacks against civilians, rape, sexual slavery, ordering the displacement of the civilian population, conscripting and enlisting children under the age of 15 years into an armed group and using them to participate actively in hostilities, intentionally directing attacks against protected objects, and destroying the adversary’s property; and five counts of crimes against humanity, including: murder and attempted murder, rape, sexual slavery, persecution, and forcible transfer and deportation. Ntaganda is only the fourth person to be convicted by the ICC and the first person to be convicted of sexual slavery.

Bosco Ntaganda in the International Criminal Court. Photo Courtesy of AP.

Ntaganda’s crimes date back to before 2003. These crimes specifically arise from his involvement with the Patriotic Forces for the Liberation of Congo (FPLC), of which he was the Deputy Chief of Staff and commander of operations. Despite the ICC’s prosecutor beginning her investigation on June 21, 2004, an arrest warrant was not issued until August 22, 2006. The first warrant charged Ntaganda with the war crime of recruiting and using child soldiers. The ICC did not issue a second arrest warrant until July 13, 2012, which was amended to include four additional counts of war crimes and three additional counts of crimes against humanity. The prosecutor later added more crimes.

Even with the addition of these charges to his arrest warrant, the investigative organization, Human Rights Watch, argued that additional charges should have been added for the alleged crimes he committed after 2003. Specifically, Human Rights Watch argued that he should be charged for his actions while he was military chief of staff of the National Congress for the Defense of the People, a military group located in the North Kivu Province in eastern Congo. While in this position, Human Rights Watch documented Ntaganda’s involvement in ethnic massacres, killings, rape, torture, and recruitment of child soldiers. Despite this documentation and the urge by Human Rights Watch, the court did not include these crimes.

In 2012, Ntaganda broke away from the National Congress for the Defense of the People and formed his own coalition, the March 23 Movement (also referred to as M23). During this time, he continued to live freely and visibly in front of the Congolese government. President Joseph Kabila refused to arrest him because he did not want to disrupt the peace of DR Congo. Thus, Ntaganda would have remained free if he had not turned himself over to the ICC on March 22, 2013. He surrendered because he feared the turmoil currently occurring within M23.

After the ICC brought Ntaganda into custody, the judicial process took six years to reach the July verdict due to extensive investigations by both parties, resulting in approximately 69,000 pages worth of evidence. The trial, which took place over the course of 248 hearings, included testimony from 80 witnesses and experts called by the prosecutor, and 19 witnesses called by the defense team. The court also authorized 2,129 victims to partake in the trial.

Although many are celebrating this judgment, this conviction sheds light on some flaws of the ICC. One flaw in particular is highlighted by the view that this conviction may have never occurred if Ntaganda did not surrender himself to the ICC. This situation could prompt the ICC and the international community to consider another means to bring war criminals within its jurisdiction. Solutions to these issues may expedite a path to justice as the court cannot start a trial without the defendant present.

For further information, please see: 

International Criminal Court – Case Information Sheet: Situation in the Democratic Republic of Congo – 8 July 2019 

BBC – DR Congo’s Bosco Ntaganda Convicted of War Crimes by ICC – 8 July 2019 

BBC – Bosco Ntaganda: The Congolese ‘Terminator’ – 8 July 2019

Human Rights Watch – Q&A: Bosco Ntaganda, DR Congo, and the ICC – 2 July 2019

African Court Dismisses Unemployment Case Against Rwanda

By: Hannah Gabbard
Impunity Watch Reporter, Africa

ARUSHA, Tanzania – On May 11, 2018, the African Court of Human and Peoples’ Rights (AfCHPR) dismissed Chrysanthe Rutabingwa’s claim against the government of Rwanda as invalid.

Spectators at the African Court of Human and Peoples’ Rights. Photo Courtesy of AfCHPR on Twitter.

In 2001, Rutabingwa was fired from his position as an Audit and Evaluations Expert at the Ministry of Finance for allegedly disclosing confidential documents. Rutabingwa claimed that his dismissal was unfair and unconstitutional. In particular, Rutabingwa claimed that the Republic of Rwanda, for failing to solve Rutabingwa’s unemployment, violated his right to equality and equal protection, right to be heard, right of access to public services, right to work in equitable conditions and right to equal pay, and right to enjoy favorable work conditions.

Rutabingwa appealed to AfCHPR on November 10, 2014 against the Republic of Rwanda. He sought reimbursement of salaries dating back to 2001, government provided housing, reinstatement of public service employment, and $1,000,000 U.S. dollars for damages and humiliation.

In Rwanda, Rutabingwa filed in a court of first instance. Following their judgement, the High Court dismissed Rutabingwa’s claim. Rutabingwa never appealed to Rwanda’s highest court, the Supreme Court. AfCHPR dismissed Rutabingwa’s case for failing to exhaust local remedies in Rwanda before appealing to AfCHPR in Tanzania.

AfCHPR has ruled on four cases against the Rwandan government. As Rwanda’s withdrawal from the declaration that provides the court with jurisdiction took effect in 2017, AfCHPR can only proceed with cases filed prior to 2017.

For further information, please see:

African Union – Chrysanthe Rutabingwa vs. Republic of Rwanda Order – 11 May 2018

African Union – Chrysanthe Rutabingwa vs. Republic of Rwanda Judgement – 11 May 2018

The East African – Rwanda government wins longstanding court feud with sacked employee – 16 May 2018

African Court and United Nations to Strengthen Relationship

By: Skylar Salim
Impunity Watch News, Africa

ADDIS ABABA, Ethiopia — On February 9, 2019, an agreement was signed between the United Nations and the African Court on Human and People’s Rights (ACHPR) at the 32nd Ordinary Session of the Assembly of Heads of African States in Addis Ababa. The UN High Commissioner for Human Rights, Michelle Bachelet, and the president of the African court, Sylvain Oré, met and signed the Memorandum of Understanding (MoU).

Sylvain Oré and Michelle Bachelet at the signing the MoU at the African Union‘s 32nd Ordinary Session of the Assembly of Heads of African State and Government. Photo courtesy of CaptialFM.

In September, 2018, ACHPR judges and UN human rights experts met to discuss the issue of the death penalty. This meeting in September drove the UN and the Court to negotiate and sign the MoU. The agreement is designed to strengthen the working relationship between the United Nations and the African Court. The African Court is an institution composed of judges from the African Union that meets four times a year.  The court works to enhance and protect human rights in Africa. Bachelet has noted that, “The Court is a critically important mechanism for the promotion and protection of peoples’ and human rights in Africa, and it is an invaluable partner in the region”. During the signing ceremony for the MoU, Oré stated, “The Court and the UN Office share common values on humanity, including the culture of promoting and protecting human rights.”

Through the agreement, the UN and the court will work toward supporting each other on international and regional levels. The agreement indicates that the institutions will work together when it comes to conceiving and implementing human rights standards in Africa, and what practices are best suited for regional courts such as the ACHPR. Possible activities discussed in the agreement include the UN increasing their knowledge of the practice and jurisprudence of the ACHPR, while the Court will work to understand the work done by the UN Treaty Bodies. Bachelet observed that, “[the UN] already had a good relationship with African human rights system as a whole.” She went on to note that, “however, with this agreement, we are taking it to another level. It will enable us to improve the synergies between the two organizations. The Court is a critically important mechanism for the promotion and protection of peoples’ and human rights in Africa, and it is an invaluable partner in the region.”

For further information, please see:

CapitalFMKenya — African Court Signs MoU with UN to Strengthen Relations — 11 February 2019

CNBC Africa — UN Human Rights Office and African Court on Human and People’s Rights Sign Cooperation Agreement — 11 February 2019

IPP Media — African Court and UN Rights Office Sign MoU to Strengthen Relations — 11 February 2019

African Court Upholds Tanzanian Court Sentence

By: Hannah Gabbard
Impunity Watch Reporter, Africa

ARUSHA, Tanzania – On May 11, 2018, the African Court of Human and Peoples’ Rights (AfCHPR) unanimously ruled that the United Republic of Tanzania did not violate George Maili Kemboge’s right to equality or the right to enjoy the best attainable state of mental and physical health pursuant to the African Charter on Human and Peoples’ Rights.

African Court of Human and Peoples’ Rights. Photo Courtesy of AfCHPR.

In August 2006, Kemboge was convicted by the District Court of Tarime for the rape of a fifteen year old girl. He was sentenced to thirty years in prison, twelve cane strokes, and a fine of five hundred thousand Tanzania Shillings.

In 2013 the High Court of Tanzania upheld the sentence and the Court of Appeal of Tanzania affirmed in 2014. Kemboge filed an appeal with the African Court of Human and Peoples’ Rights in 2016 alleging that his right to equal protection of the law and right to enjoy the best attainable state of physical and mental health had been violated. Kemboge appealed to the Court to quash the conviction and sentence and grant reparations.

On the merits, Kemboge argued that the Court of Appeal only considered procedural matters and did not consider the “interests of justice” and that equal protection of the law was violated. Kemboge presented three arguments he alleged the Court of Appeals did not consider. Here, the Court ruled that Kemboge’s allegation of a equal rights protection was dismissed because Kemboge did not demonstrate how the arguments were not properly raised before the lower courts.

Secondly, Kemboge alleged that his right to enjoy the best attainable state of physical and mental health was violated because he was not recognized as married to the victim. The Court ruled that state’s refusal to recognize an alleged marriage to the victim does not violate his right to enjoy the best attainable state of physical and mental health and therefore, dismissed the allegation.    

The Court did not find any violation of rights and dismissed Kemboge’s appeal for reparations.

For further information, please see:

African Union – The Matter of George Maili Kemboge v. the United Republic of Tanzania – 11 May 2018

African Governance Architecture – Press Release: African Court on Human and Peoples’ Rights to Render Six Judgements – 09 May 2018

African Union – Executive Summary of the Application – 3 November 2015

Rape Declared National Emergency in Sierra Leone

By: Skylar Salim
Impunity Watch News, Africa

FREETOWN, Sierra Leone – On February 7, 2019,President Julius Maada Bio declared a national emergency regarding the prevalence of rape and sexual violence in Sierra Leone. He also told all public hospitals to provide free medical care to victims of sexual violence. This declaration grew from public outrage over a case that was never prosecuted involving the rape of a 5-year-old girl by her uncle in 2018, leading to her paralysis. The president noted that hundreds of cases are reported monthly, and “some of our families practice a culture of silence and indifference toward sexual violence, leaving victims even more traumatized.” Around 70% of the victims of this violence are under the age of 15. According to the United Nations, almost half of the women in Sierra Leone face violence, and 90% of women between the ages of 15 and 49 have been victims of genital mutilation.

President Julius Maada Bio of Sierra Leone declares a national emergency over sexual violence and rape. Photo courtesy of Abderrahmane Mokhtari.

Bio stated that perpetrators of these crimes are getting younger and more violent, and that sex with minors will be made punishable by life in prison. Currently, perpetrators face a maximum of only 15 years in prison. This declaration came after activists, such as the group Hands Off Our Girls, and First Lady Fatima Bio had been campaigning for reform for months. Hands Off Our Girls is a group supported by the First Lady that works to stop sexual violence against women and child marriage in the country.

Police figures of reported cases of sexual and domestic violence have been rising, with 10,544 reported cases in 2015 to 12,029 reported cases in 2017. Activists have also stated that many cases never get reported, and that the actual number is much higher. During Sierra Leone’s civil war, which lasted from 1991 to 2002, rape and sexual violence against women and girls was widespread. Many women and girls were forced into sexual slavery, to be “bush wives,” during the conflict. A UN report presented after the conflict noted, “the failure to investigate, prosecute and punish those responsible for rape and other forms of gender-based violence has contributed to an environment of impunity that perpetuates violence against women.”

While the country made progress against sexual violence, a report by Save the Children notes that children were left vulnerable to sexual violence by the Ebola outbreak in 2014 as many of them were orphaned. The Rainbo Initiative, an organization that helps sexual violence survivors, notes that they were being overwhelmed by cases involving children every day. Vickie Remoe, a TV producer, has noted “politician will alone will not fix the problem. What we need in behavioral change… men need to learn to think differently about girls, and to act differently towards girls.

For further information, please see: 

AP – Sierra Leone President Declares Rape a National Emergency – 8 February 2019

CNN – Sierra Leone’s President Declares Rape a ‘National Emergency’ – 8 February 2019

NYT – Sierra Leone Declares National Emergency Over Rape of Young Girls – 8 February 2019