Despite pledges from authorities and their international partners, international humanitarian law faces severe challenges in the conflict-ridden eastern regions of the Democratic Republic of Congo.

With armed groups proliferating and civilian populations enduring widespread abuses, the International Committee of the Red Cross (ICRC) advocates for enhanced understanding and stricter enforcement of these vital provisions. To advance this cause, the ICRC hosted a significant conference in Kinshasa on Thursday, July 23.

When the rules of war fail to protect

In these volatile conflict zones, international humanitarian law often remains poorly understood, and even when recognized, its principles are frequently disregarded. This perilous environment leaves civilian populations acutely vulnerable, caught in the crossfire between various warring factions. 

“Sexual violence is rampant, counting in the millions. Every minute, women, girls, and children — and certainly some men — fall victim to these heinous sexual assaults,” lamented human rights activist Julienne Lusenge. She underscored that women and girls bear the most devastating burden and urged for perpetrators of sexual violence to face severe penalties. 

“Regrettably, on the international stage, we have yet to see a single case brought to justice. It is imperative that we achieve international accountability for crimes of sexual violence,” she stressed.

Trials to punish and deter

Ms. Lusenge further asserted that bolstering the capabilities of security forces and intensifying efforts against armed groups are crucial for enhancing civilian protection. Meanwhile, the military justice system maintains that it actively prosecutes military personnel implicated in abuses. General Jean-Paul Tshayikolo, a military magistrate at the High Military Court, emphasized that these judicial proceedings serve both a deterrent and an educational purpose.

He stated: “There are both exemplary and problematic elements within our ranks. Naturally, the military institution itself desires to cultivate upright personnel. However, achieving zero impunity remains an aspirational goal. When military justice tries a soldier, the resulting verdict serves to educate other personnel under military jurisdiction. Military justice has consistently acted to impose sanctions, and our statistics attest to this.“

Conflicts defying international humanitarian law

Over 200 armed groups operate in eastern DRC, primarily concentrated in the provinces of North Kivu, South Kivu, and Ituri, with a lesser presence in Tanganyika.

The fluid alliances among these numerous groups complicate efforts to identify those responsible for breaches of international humanitarian law. This fragmentation also hinders effective dialogue, oversight, and accountability mechanisms.

Furthermore, while international humanitarian law mandates a clear distinction between civilians and combatants, this separation is often not observed on the ground.
These combined factors further impede legal prosecutions and regrettably perpetuate a climate of impunity.