NECESSITY AND DIFFICULTIES TO ESTABLISH A REPRESSIVE SYSTEM FOR INTERNATIONAL CRIMES COMMITTED IN THE DRC

Abstract

More than 600 well-documented crimes have been identified in the Democratic Republic of Congo during the armed conflicts that have raged there since 1993 to the present day. Crimes against humanity, serious violations of international humanitarian law, crimes of aggression, crimes of genocide, and terrible human rights violations have been committed. The perpetrators of these crimes must be brought to justice and punished so that the victims of these crimes can be restored to their rights and the Congolese social fabric can be rebuilt. There is no need to dream of an international criminal court for the Congo created under the auspices of the Security Council. The majority of its permanent members are involved. The trial and punishment of any criminal is the discretionary competence of the State or States acting in a sovereign manner. To better achieve this objective, it is important to take stock of the Congolese law enforcement system and to conclude whether or not it is capable of punishing the perpetrators of international crimes in the DRC. Taking into account the number of suspects to be judged and the almost non-existence of specialists in international criminal law in the country, it would be appropriate to resort to international criminal justice, either at the universal or regional level. The creation of a Truth, Justice and Reconciliation Commission, both at the national and regional levels, will facilitate the political and social reconstruction of the State and promote popular cohesion.
Key-words: International justice, creation of an international criminal jurisdiction, international crimes, capacity to create an international criminal jurisdiction, Truth, Justice and Reconciliation Commission.