Tuesday, April 14, 2009
DR Congo: Brutal Rapes by Rebels and Army, by Noémie Cournoyer
(New York) - Rwandan rebel forces, government army soldiers, and their allies have raped at least 90 women and girls since late January 2009 in the volatile North and South Kivu provinces of eastern Democratic Republic of Congo, Human Rights Watch said today. The Rwandan rebel forces have also been implicated in the deaths of most of the 180 civilians killed during this period.
The United Nations Security Council will discuss on April 9 the latest report by the UN secretary-general on the peacekeeping force in Congo. Human Rights Watch called on the UN Security Council to press the Congolese government to remove human rights abusers from its armed forces and end rights violations, including attacks against women and girls.
The Rwandan Hutu militia called the Democratic Forces for the Liberation of Rwanda (FDLR) attacked and burned dozens of villages and towns in Masisi and Lubero territories (North Kivu) as well as in Kalehe territory (South Kivu) in recent weeks, committing numerous deliberate killings, rapes, and acts of looting. Blaming government military operations, the FDLR deliberately targeted civilians, used them as human shields, and accused civilians of having betrayed them. According to witnesses and victims interviewed by Human Rights Watch, the FDLR have been implicated in the killings of at least 154 civilians since January 23.
"The FDLR are deliberately killing and raping Congolese civilians as apparent punishment for the military operations against them," said Anneke Van Woudenberg, senior Africa researcher at Human Rights Watch. "Both the fighters who commit such horrific acts and the rebel commanders who permit them are responsible for war crimes."
The FDLR were temporarily pushed out of their military positions in January and February 2009 following the start of a joint military operation against them by Congolese and Rwandan troops on January 20. Following the withdrawal of Rwandan forces on February 24, military action diminished and the FDLR reoccupied many of their previous positions.
Most recently, at least seven civilians were killed and 24 others wounded during FDLR attacks in Lubero and Walikale in early April. On March 20, 2009, the FDLR attacked Buhuli, North Kivu, and four other nearby villages, killing at least five civilians, including two women, an elderly man, a 7-year-old girl and 9-year-old boy. On February 13, the FDLR attacked the village of Kipopo, killing at least 13 people, who were burned to death in their homes.
In late February, the FDLR abducted at least a dozen women and girls from Remeka, in Masisi territory, North Kivu. Two women who escaped reported that FDLR combatants brutally killed nine of the women and girls when they resisted attempts to rape them. The fate of the others is unknown.
The Congolese army has also been implicated in numerous rapes. In March, Congolese soldiers raped at least 21 women and girls in southern Masisi and northern Kalehe territories. Many of the victims were violently gang raped while the soldiers were on looting sprees.
On March 24, four women from Ziralo, South Kivu, were returning from the market when they were stopped by a group of army soldiers at a makeshift barricade. The soldiers took the sacks of food the women were carrying and then said they were going to examine the women's vaginas for any hidden money. The soldiers took the women into the nearby forest and gang raped each of them for hours. One woman was six-months pregnant and was raped so brutally that she lost her unborn child.
The recent killings by the rebel group are in addition to those perpetrated by its forces on January 27, when FDLR combatants hacked to death dozens of civilians used as human shields at their military position in Kibua. One witness at Kibua interviewed by Human Rights Watch saw an FDLR combatant batter a 10-year-old girl to death against a brick wall.
According to the United Nations, an estimated 250,000 people have fled their homes since January, adding to hundreds of thousands of others who fled earlier waves of violence.
The Congolese army says it is preparing for the next phase of operations against the FDLR, this time expanding the operations to South Kivu. The army has added over 10,000 additional soldiers from former Congolese rebel groups, including the National Congress for the Defence of the People (CNDP), the Coalition of Congolese Patriotic Resistance (PARECO), and other local militia groups. The rapidly mixed brigades of former enemies have been sent to the front lines with no salaries, rations, or any formal training, increasing the likelihood of future human rights violations.
Serious abuses against civilians by government soldiers have already been reported. Army soldiers killed at least five civilians in Lubero territory in March, some while on looting sprees. In Ziralo, an elderly man was killed by soldiers while they raped his wife and looted his home.
The rapid integration process has included no formal vetting mechanism to stop those with serious records of past human rights abuses from being promoted and integrated into the Congolese army.
Bosco Ntaganda, wanted on an arrest warrant by the International Criminal Court (ICC) for the war crime of enlisting child soldiers and using them in hostilities, was promoted to the position of general in the Congolese army in January 2009. In addition to the ICC charges, Ntaganda has been accused of commanding troops that massacred 150 civilians at Kiwanja in North Kivu province in November 2008.
Jean-Pierre Biyoyo was recently appointed a colonel in the Congolese army despite being found guilty by a Congolese military court in March 2006 of recruiting child soldiers. He later escaped from prison. Both Ntaganda and Biyoyo play an important role in current military operations.
The Congolese army will be supported by the UN peacekeeping mission in Congo, MONUC, in its military operations against the FDLR. MONUC says that its top priority is to protect civilians, but it is not clear how civilians will be protected against further attacks by either FDLR or Congolese army soldiers.
"Protection of civilians can only be taken seriously if known human rights abusers are removed from the ranks of the Congolese army," said Van Woudenberg. "The Security Council should seek an immediate answer from the Congolese government on when it will carry out such arrests and what it will do to stop further rape and killing by its troops before it gives any support to the military operations."
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Labels: Congo, Human rights, Human Rights Watch, ICC, Noémie Cournoyer
Friday, March 06, 2009
ICC: Bashir Warrant Is Warning to Abusive Leaders, by Marie-Êve Marineau
(New York) - The International Criminal Court's (ICC) issuance of an arrest warrant for President Omar al-Bashir of Sudan signals that even those at the top may be held to account for mass murder, rape and torture, Human Rights Watch said today. ICC judges granted the warrant for Bashir, its first for a sitting head of state, on charges of crimes against humanity and war crimes for his role in orchestrating Sudan's abusive counterinsurgency campaign in Darfur.
"With this arrest warrant, the International Criminal Court has made Omar al-Bashir a wanted man," said Richard Dicker, director of the International Justice Program at Human Rights Watch. "Not even presidents are guaranteed a free pass for horrific crimes. By ruling there is a case for President al-Bashir to answer for the horrors of Darfur, the warrant breaks through Khartoum's repeated denials of his responsibility."
The court did not confirm the three counts of genocide that were requested by the ICC prosecutor. Genocide requires evidence that the crimes were committed specifically "with the intent to destroy, in whole or in part," a national, ethnic, racial, or religious group solely on the basis of its identity.
"Proving genocide charges is always extremely difficult," said Dicker. "President Bashir is hardly off the hook, as he is sought for crimes against humanity and war crimes, including widespread rape, murder, and torture committed as part of a government plan."
Under the ICC Statute, the prosecutor is able to request an amendment of the warrant to include genocide if he obtains additional evidence to support the charge.
The ICC prosecutor requested an arrest warrant for Bashir on July 14, 2008. Following the prosecutor's announcement, Sudanese government officials made implicit and explicit threats of retaliation against international peacekeepers and humanitarian workers. On July 25, a Sudanese presidential advisor, Bona Malwal, stated in regard to peacekeeping forces that, "We are telling the world that with the indictment of our President al-Bashir we can't be responsible for the well-being of foreign forces in Darfur." President Bashir has also threatened to expel international peacekeeping forces if a warrant is issued.
The Security Council, its individual members, the UN Secretariat, the European Union, and the African Union have a critical role in promptly responding to any government-supported retaliation in Darfur following news of the warrant.
"The Sudanese government is obliged to maintain security in the country and the Security Council should act decisively to hold them to it," said Dicker. "Khartoum should not be allowed to use the arrest warrant as a pretext for stepping up its obstructionist policies that have hobbled peacekeeping and humanitarian efforts in Darfur."
The government of Sudan is required by a Security Council resolution to facilitate the deployment of the African Union/UN Mission in Darfur (UNAMID) and to cooperate with the ICC. Under international law, Sudan remains obligated to protect its own civilians and to provide full, safe, and unhindered access by relief personnel to those in need in Darfur. The arrest warrant does not change these obligations, nor does it have any impact on Khartoum's obligations to carry out the 2005 Comprehensive Peace Agreement with the government of Southern Sudan.
"The Security Council and concerned governments should impose targeted sanctions against Sudanese officials responsible for any retaliatory violence, and consider other measures such as further banking restrictions or a widening of the arms embargo," said Dicker.
The ICC is an independent judicial institution. Sudan, though not a party to the Rome Statute creating the court, is subject to ICC jurisdiction through Security Council resolution. Having an official position as head of state does not provide immunity from criminal responsibility before the ICC.
Apart from the warrant against President Bashir, the ICC has issued two other warrants in relation to Darfur. On April 27, 2007, the court issued arrest warrants for State Minister of Humanitarian Affairs Ahmed Haroun and a "Janjaweed" militia leader, Ali Kosheib. The prosecutor has also requested arrest warrants for three rebel leaders in connection with attacks on international peacekeepers at Haskanita in October 2007. That request is currently under consideration by the court.
Sudan has so far refused to cooperate with the ICC. All the arrest warrants remain outstanding. Haroun continues in his official position as state minister of humanitarian affairs. On November 24, the Sudanese government arrested and tortured three human rights defenders in Khartoum for allegedly giving information to the ICC.
"Khartoum is required to cooperate with the court," said Dicker. "Because the ICC has no police force of its own, it needs strong support from governments to ensure that all those charged with crimes are arrested."
Background
In a March 31, 2005 resolution, the Security Council referred the situation in Darfur to the ICC prosecutor for investigation and prosecution. The decision was based on the recommendation of an international commission of inquiry, which found that violations of international humanitarian law and human rights law were continuing in Darfur and that the Sudanese justice system was unwilling and unable to address the crimes. Darfur is the first situation referred by the Security Council to the ICC.
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Labels: Darfur, Human Rights Watch, ICC, Marie-Êve Marineau, Sudan
Wednesday, March 04, 2009
Sudan - The International Criminal Court seeks the arrest of President Al-Bashir for genocide in Darfur, by Marie-Eve Marineau
The actions and threats have not intimidated Sudanese ICC. It has just issued a request for the arrest of President of Sudan, Omar Al-Bashir.
The Sudanese president had said yesterday that his country was not affected by the decision of the Court. Defying the international community, he had asked the ICC to "boil the decision and to drink the juice."
The ICC has thus confirmed its accusations against the President of Sudan, referred by seven charges, including genocide in Darfur and calls on Khartoum to deliver the President, recalling that it occurred under Chapter VII of the Charter United Nations. The ICC also called all countries, especially the signatories of the Rome Convention (on the ICC), to cooperate in order to arrest and hand over Al-Bashir at the ICC.
In their first response, the Sudanese authorities have called the decision of the ICC policy, accusing the West to lead a new offensive against colonial Sudan.
Television Al Arabiya "said that hundreds of Sudanese demonstrated in this time in Khartoum against the decision of the ICC.
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Labels: Darfur, ICC, Marie-Êve Marineau, Sudan
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