ICC fails to have the teeth to deal with war crimes

THE International Criminal Court has sentenced the Congolese Warlord Germain Katanga to 12 years imprisonment for his part in atrocities in the country,

The 36-year-old former leader of the Patriotic Resistance Force in Ituri (FRPI) was surrendered to the ICC by Congolese authorities in October 2007 and has been fighting against the allegations since.

In passing sentence Presiding Judge Bruno Cotto delivered the news of the Chamber’s deliberations. In a statement released by the Chamber Judge Cotto stressed that the: “crimes committed on 24 February 2003 in Bogoro were committed with particular cruelty, resulted in numerous civilian victims, and that the scars of the fighting can still be seen today.”

It is only the second conviction obtained by the ICC since it was formed in 1998 and was seen by many a test of its effectiveness as an international force.

Katanga’s 12-year-sentence on one count of crimes against humanity (murder) and four counts of war crimes (murder, attacking a civilian population, destruction of property and pillaging) has caused outrage in the city of Bunia, in the Ituri region of the Democratic Republic of Congo.

@lucmalembe2013: “ICC sentence about ex militia leader, Germain Katanga is perceived in Bunia as an insult to the victims.”

In a dissenting opinion, Judge Christine Van Den Wyngaert, called his trial “unfair” after he was tried as an accessory, rather than as originally charged as playing a key role, in the massacre at Bogoro, which left at least 200 civilians dead and numerous young girls sexually enslaved.

“In determining the sentence, that account had to be taken of Germain Katanga's conduct after the events and, in particular, his active participation in the demobilisation process implemented in Ituri for the benefit of the child soldiers and, to a certain extent, of his personal situation,” Judge Cotto claimed in the ICC statement.

Following Katanga’s initial conviction a spokesman for the United Nations Secretary General said: “The Secretary-General reaffirms the strong commitment of the United Nations to support the independent work of the Court as the centerpiece of the international criminal justice system.”

Meanwhile a statement from the United States Department of State claimed: “Strong and effective national courts also have a vital role to play in ending impunity in DRC. We continue to support the Congolese government’s efforts to hold perpetrators accountable through its domestic institutions, including through the creation of the proposed mixed chambers.”

By giving such a short imprisonment and failing to impose any fines or liabilities against the Katanga the ICC’s ability to take strong action against war crimes must surely now be called into question. With time served Katanga may now be out in six years and allowed to resume his previous activities if further action is not taken against him.