A/HRC/7/25 page 11 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;