ICC to Resume Probing Alleged Violence in DRC’s North Kivu Region

The International Criminal Court (ICC) is poised to renew its investigations into the alleged violence in North Kivu, Democratic Republic of the Congo (DRC), as confirmed by the ICC Office of the Prosecutor. This move comes in response to a formal referral from the DRC, invoking Article 14 of the Rome Statute. This provision allows countries under the ICC’s jurisdiction to request probes into alleged international criminal offenses.

The current investigation will focus on events from January 2022 onwards, marking the second such referral from the DRC in the last twenty years. The initial referral in 2002 led to investigations that commenced in June 2004. ICC Prosecutor Karim A.A. Khan KC stated that the renewed scrutiny is due to a consistent pattern of violence in the region, intertwining with historical hostilities since the ICC began its jurisdiction in the DRC back in 2002.

In a statement, Khan emphasized the connection between recent violence and the ongoing hostilities that have long affected North Kivu. Crimes committed since January 2022 fall under the remit of the 2004 investigation, as per his assertion.

The renewed investigation is further substantiated by a memorandum of partnership between the ICC and the DRC signed in June 2023. An accompanying implementation mission led by ICC Deputy Prosecutor Mame Mandiaye Niang highlighted a dual strategy: leveraging the ICC’s resources while bolstering domestic frameworks for accountability.

Khan KC also lauded the efforts of the DRC in creating a domestic judicial infrastructure. He pointed out the establishment of a steering committee dedicated to forming a special criminal court, a move which aligns with the ICC’s broader aim to combat impunity for international crimes. Khan reiterated the ICC’s readiness to offer technical assistance in furthering these initiatives, expecting them to amplify the impact of collective actions against impunity.

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