Conclusion

Drawing up an inventory of the most serious violations of human rights and international humanitarian law that were committed on DRC territory between March 1993 and June 2003, the report concludes that the vast majority of the 617 listed incidents could constitute crimes under international law, given full judicial investigation and prosecution. These include war crimes committed during armed conflict, either internal or international, or crimes against humanity committed in the context of a generalised or systematic attack against a civilian population, or in many cases both. The issue of whether the many serious acts of violence committed against Hutus in 1996 and 1997 constitute crimes of genocide can only be decided by a competent court.

In terms of justice, the response of the Congolese authorities in the face of the overwhelming number of serious crimes committed within the territory of the DRC has been very limited or even non-existent. The lack of political will on the part of the Congolese authorities to prosecute those who are allegedly responsible for serious violations of human rights and of international humanitarian law committed in the DRC has only encouraged further serious violations, which continue to this day. The report notes that, because of the multiple dimensions of seeking justice for the possible crimes committed in the DRC, it is crucial that a holistic policy of transitional justice be implemented, which will involve the creation of diverse and complementary mechanisms, both judicial and non-judicial. While the report is careful not to give any recommendations or directives as such, it does, however, examine the advantages and drawbacks of various transitional justice options in terms of truth, justice, reparation for and rehabilitation of victims, and reform of judicial and security institutions (including vetting measures), in the current Congolese context. These options, which must be examined by the Government of the DRC and civil society, include: a) the creation of a hybrid judicial mechanism; b) creation of a new Truth and Reconciliation Commission; c) reparation programmes; and d) reforms of both the legal sector and the security forces. In order to ensure that the Congolese people are fully involved in assessing needs, establishing priorities and finding solutions – in short, to ensure that they assume ownership of these new mechanisms and understand their function and scope – it is essential that the authorities carry out national consultations on transitional justice. Such prior consultations will be important to ensure the credibility and legitimacy of any undertakings in this area.