RDC : le droit international humanitaire bafoué
Despite commitments made by both the authorities and their international partners, the Democratic Republic of Congo’s eastern regions continue to witness severe disregard for international humanitarian law in ongoing conflict zones.
Amidst the proliferation of armed groups and a multitude of attacks against civilians, the International Committee of the Red Cross (ICRC) advocates for enhanced understanding and more stringent application of these critical regulations. To this end, the organization hosted a significant conference in Kinshasa on Thursday, July 23.
when the rules of engagement fail to protect
Across these conflict-ridden areas, international humanitarian law remains largely unknown, and even when recognized, it is not consistently respected. This dire situation leaves civilian populations increasingly exposed and trapped in the crossfire between various warring factions.
“Sexual violence is counted in the millions. Every minute, women, girls, and children – and certainly some men – fall victim to these sexual assaults,” laments Julienne Lusenge, a prominent human rights activist. She underscores that women and girls bear the heaviest burden and demands accountability for perpetrators of sexual violence.
“Regrettably, at the international level, we have never seen a case brought to justice. It is imperative that we achieve international sanctions for crimes of sexual violence.“
trials aimed at deterrence and accountability
Julienne Lusenge also believes that strengthening the capabilities of security forces and actively combating armed groups are essential steps for better civilian protection. For its part, the military justice system confirms its efforts to prosecute military personnel responsible for abuses. General Jean-Paul Tshayikolo, a military magistrate at the High Military Court, emphasizes that these trials serve not only to punish but also to deter and educate.
He states: “There are good elements as well as bad elements. Of course, the military establishment’s desire is 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 under military jurisdiction. Military justice has consistently acted to impose sanctions. The statistics are available.“
complex conflicts challenging international humanitarian law
More than 200 armed groups operate actively in eastern DRC, primarily concentrated in the provinces of Nord-Kivu, Sud-Kivu, Ituri, and to a lesser extent, Tanganyika.
The fluid alliances between these various groups complicate the identification of actors responsible for violations of international humanitarian law. This fragmentation also makes establishing mechanisms for dialogue, oversight, and sanctions significantly more challenging.
Furthermore, international humanitarian law mandates a clear distinction between civilians and combatants, a reality not always observed on the ground. These factors collectively impede judicial prosecutions and regrettably contribute to a pervasive culture of impunity.



