A/HRC/7/25
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suspects are often identified, but not apprehended. These persons therefore continue to act
with impunity, sometimes at the highest levels of the political and military hierarchy, thus
perpetuating the cycle of impunity.
H. The International Criminal Court
31. There are two cases awaiting trial before the International Criminal Court that have a
bearing on the Democratic Republic of the Congo. Thomas Lubanga, a former militia leader who
allegedly committed atrocities in the Ituri district resulting in the death of at least 6,000 persons
since 1999 and the displacement of several hundred thousand others, has been charged
with recruiting and enrolling child soldiers into his militias. The trial is due to begin on
31 March 2008. The second case concerns Germain Katanga, former leader of the Force
de résistance patriotique en Ituri (Patriotic Resistance Front in Ituri) (FRPI). The case is at
the preliminary stage, awaiting confirmation of the charges.
32. It is clear that the International Criminal Court alone cannot try the thousands of crimes
and serious violations of international humanitarian law committed in the Democratic Republic
of the Congo over almost a decade, especially because its jurisdiction is limited to acts
committed since the entry into force of the Rome Statute (1 July 2002).
33. What is needed, therefore, is a mechanism that would guarantee not only the effective
punishment of crimes covered by the Rome Statute which were committed prior to 1 July 2002,
but also the administration of justice and an all-out campaign against impunity.
I. Establishment of a special international criminal tribunal or joint
criminal chambers for the Democratic Republic of the Congo
34. In order to combat impunity, which must be done if peace is to be restored to the country
and further crimes are to be prevented, the independent expert recommends the creation of a
special international tribunal for the Democratic Republic of the Congo or, failing that, joint
criminal chambers to try crimes committed since 1993, the year when serious violations of
humanitarian law are first taken up in United Nations resolutions.
35. Certain measures could be taken to reduce the costs of a special tribunal. It could sit in
the country, somewhere near the centre, in order to keep down transport costs incurred for
defendants and witnesses. The host State could provide premises and defray certain costs; at least
half the judges and three quarters of the judicial personnel would be citizens of the Democratic
Republic of the Congo; and the host State could be responsible for the assignment of counsel.
36. Should it prove impossible to create an international tribunal, then, bearing in mind that it
is essential to combat impunity and extremely serious crimes, consideration could be given to
setting up joint criminal chambers in the appeal courts and establishing a right of appeal
(preliminary and final appeal) before a chamber that would be competent in this matter but
would be subject to the jurisdiction of the Supreme Court:
(a) Chambers of first instance could be set up in five appeal courts, one in Kinshasa and
the other four strategically located throughout the country, taking into account the size of the
country and distances;
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