In the Democratic Republic of Congo, despite various commitments from both governmental authorities and their international partners, the principles of international humanitarian law (IHL) continue to face severe challenges and widespread disregard within the conflict-ridden eastern regions of the nation.

Amidst the proliferation of armed groups and a relentless wave of abuses targeting civilians, the International Committee of the Red Cross (ICRC) is advocating for a deeper understanding and more stringent enforcement of these crucial regulations. To advance this objective, the ICRC convened a significant conference in Kinshasa on Thursday, July 23.

When the laws of war fail to protect

Within the active conflict zones, international humanitarian law remains largely obscure. Even when its provisions are known, consistent adherence is often lacking. This precarious situation leaves civilian populations even more vulnerable, frequently caught in the crossfire between the myriad 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 of this violence and urgently calls for severe penalties against those who commit sexual crimes.

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

Trials to deter and enforce accountability

Julienne Lusenge also emphasizes that strengthening the capabilities of security forces and actively combating armed groups are essential steps for better protecting civilians. Concurrently, the military justice system maintains that it is actively prosecuting military personnel responsible for abuses. General Jean-Paul Tshayikolo, a military magistrate at the High Military Court, highlights that these judicial proceedings serve not only to punish but also to deter future offenses and educate other service members.

He states: “There are both good and bad elements within the forces. Naturally, the military institution itself desires to have only good elements. However, we will never achieve zero impunity. As for military justice, when a soldier is tried, the verdict rendered serves to educate other members subject to military jurisdiction. Military justice has consistently acted to impose sanctions. The statistics are there to prove it.”

Conflicts that challenge international humanitarian law

More than 200 armed groups are currently operating in the eastern DRC, primarily concentrated in the provinces of Nord-Kivu, Sud-Kivu, Ituri, and to a lesser extent, Tanganyika.

The fluid and shifting alliances among these groups make it exceptionally difficult to identify the specific actors accountable for violations of international humanitarian law. This fragmentation further complicates efforts related to dialogue, oversight, and the application of sanctions.

Moreover, international humanitarian law mandates a clear distinction between civilians and combatants, a reality that is often blurred on the ground. These complex factors exacerbate the challenges in pursuing legal action and regrettably continue to foster an environment where impunity persists.