In the Democratic Republic of Congo, despite solemn commitments made by national authorities and their international partners, international humanitarian law continues to be severely undermined within the conflict-affected eastern regions of the country.

Confronted by 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 regulations. To advance this objective, the organization hosted a significant conference in Kinshasa on Thursday, July 23.

When the rules of war fail to protect

Across these volatile conflict zones, international humanitarian law is often poorly understood, and even when its tenets are known, compliance remains inconsistent. This precarious situation leaves civilian populations dangerously exposed, trapped amidst clashes between various warring factions.

Human rights activist Julienne Lusenge laments the staggering scale of sexual violence. She states, “Sexual violence is counted in the millions. Every minute, women, girls, and children — and certainly some men — become victims of these sexual assaults.” Lusenge emphasizes that women and girls bear the brunt of these atrocities and calls for stringent penalties against those responsible for sexual violence.

“Regrettably, at the international level, we have yet to see a single case brought to justice,” Lusenge added. “It is imperative that we achieve international accountability for crimes of sexual violence.”

Trials to punish and deter

Julienne Lusenge further asserts that bolstering the capabilities of security forces and intensifying efforts against armed groups are crucial steps to better safeguard civilians. Meanwhile, military justice officials confirm their ongoing prosecution of service members implicated in abuses. General Jean-Paul Tshayikolo, a military magistrate at the High Military Court, highlights the dual purpose of these trials: to deter future offenses and to educate.

General Tshayikolo explained, “There are good elements and bad elements within the military. Naturally, the military institution’s desire is to have exemplary personnel. However, we will never achieve zero impunity. When military justice prosecutes a soldier, the 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 North Kivu, South Kivu, and Ituri, with a lesser presence in Tanganyika.

The shifting alliances among these numerous groups, however, make it exceedingly difficult to pinpoint the specific actors responsible for breaches of international humanitarian law. This fragmentation further complicates efforts to establish effective dialogue, oversight, and accountability mechanisms.

Furthermore, while international humanitarian law mandates a clear distinction between civilians and combatants, this separation often fails to materialize on the ground. These combined factors exacerbate the challenges of judicial prosecution and regrettably perpetuate a climate of impunity.