In the Democratic Republic of Congo, despite commitments from the authorities and their international partners, international humanitarian law remains severely compromised in the conflict-ridden eastern territories of the country.

Confronted with the proliferation of armed groups and widespread attacks targeting civilians, the International Committee of the Red Cross (ICRC) advocates for enhanced awareness and stricter enforcement of these crucial guidelines. To advance this objective, the organization convened a conference in Kinshasa on Thursday, July 23.

When the rules of war fail to protect

Within these conflict zones, international humanitarian law often goes unrecognized, and even when understood, its principles are frequently disregarded. This perilous reality leaves civilian populations increasingly vulnerable, caught in the crossfire between various warring factions. 

“Sexual violence instances number in the millions. Every minute, women, girls, and children — and certainly some men — fall victim to these sexual assaults,” laments human rights activist Julienne Lusenge. She emphasizes that women and girls bear the brunt of this horrific violence and calls for perpetrators of sexual violence to face appropriate sanctions. 

“Regrettably, at the international level, we have yet to see a single case brought to justice. We must achieve a point where crimes of sexual violence are met with international prosecution and punishment.”

Trials to sanction and deter

Julienne Lusenge also asserts that bolstering the capabilities of security forces and actively combating armed groups are essential steps for enhancing civilian protection. Meanwhile, the military justice system confirms its ongoing efforts to prosecute soldiers responsible for atrocities. General Jean-Paul Tshayikolo, a military magistrate at the High Military Court, highlights that these judicial proceedings serve both a deterrent and an educational purpose.

According to him: “There are both good and bad elements within our ranks. Naturally, the military institution’s desire is to have exemplary personnel. However, we will never achieve zero impunity. When military justice tries a soldier, the resulting verdict serves to educate other individuals subject to military jurisdiction. Military justice has consistently acted to impose sanctions, and the statistics support this.”

Conflicts challenging international humanitarian law

Over 200 armed groups operate actively across eastern DRC, primarily concentrated in the provinces of Nord-Kivu, Sud-Kivu, and Ituri, with a lesser presence in Tanganyika.

The constantly shifting alliances among these factions, however, complicate the identification of those responsible for violating international humanitarian law. This fragmentation also hinders effective mechanisms for dialogue, oversight, and accountability.

Furthermore, while international humanitarian law mandates a clear distinction between civilians and combatants, this separation is not consistently observed on the ground. These combined factors further impede judicial prosecutions and regrettably contribute to pervasive impunity.