In the Democratic Republic of Congo, despite commitments from authorities and their partners, international humanitarian law continues to be severely undermined in the nation’s eastern conflict zones.

Amidst the proliferation of armed groups and widespread abuses against civilians, the International Committee of the Red Cross (ICRC) advocates for enhanced understanding and more stringent enforcement of these critical regulations. To advance this objective, the ICRC convened a conference in Kinshasa on Thursday, July 23.

When the rules of war fail to protect

Across conflict-affected regions, international humanitarian law often remains largely unknown, and even when recognized, it is frequently disregarded. This perilous situation further exposes civilian populations, who find themselves trapped in the crossfire between various warring factions. 

“Sexual violence is counted in the millions. Every minute, women, girls, and children… and, of course, some men, fall victim to these sexual assaults,” laments Julienne Lusenge, a human rights activist. She underscores that women and girls bear the most significant burden and calls for decisive sanctions against perpetrators of sexual violence. 

“Regrettably, at the international level, we have never seen a single case brought to justice. It is imperative that we achieve international sanctions for crimes of sexual violence.“

Trials for accountability and deterrence

Julienne Lusenge also stresses that bolstering the capabilities of security forces and actively combating armed groups are essential steps for better civilian protection. For its part, military justice authorities assert their commitment to prosecuting military personnel implicated in abuses. General Jean-Paul Tshayikolo, a military magistrate at the High Military Court, highlights that these trials also serve a crucial deterrent and educational function.

As he explains: “There are both good and bad elements within the ranks. Naturally, the military institution itself desires to have good elements. However, we will never achieve zero impunity. Regarding military justice, when a soldier is tried, the verdict rendered serves to educate other individuals subject to military jurisdiction. Military justice has consistently acted to impose sanctions, and the statistics attest to this.“

Conflicts challenging international humanitarian law

More than 200 armed groups operate across eastern DRC, primarily in the provinces of Nord-Kivu, Sud-Kivu, Ituri, and to a lesser extent, Tanganyika.

However, the fluid alliances among these groups complicate the identification of actors responsible for violations of international humanitarian law. This fragmentation also hinders effective mechanisms for dialogue, oversight, and sanction.

Furthermore, international humanitarian law mandates a clear distinction between civilians and combatants, a reality not always observed on the ground. 
These factors further impede judicial proceedings and continue to foster an environment of impunity.