Democratic Republic of Congo: humanitarian law violations persist in eastern regions

Despite commitments from the authorities and their partners in the Democratic Republic of Congo, international humanitarian law remains severely undermined across the conflict-ridden eastern regions of the nation.

Confronted by the proliferation of armed groups and widespread abuses against civilians, the International Committee of the Red Cross (ICRC) advocates for enhanced awareness and more stringent enforcement of these crucial regulations. To this end, the organization convened a conference in Kinshasa on Thursday, July 23.

When the rules of war fail to protect

Across conflict zones, international humanitarian law is largely unfamiliar, and even when understood, it is frequently disregarded. This precarious situation leaves civilian populations even more vulnerable, ensnared in the clashes between various opposing forces.

“Sexual violence is rampant, with millions of incidents reported. Every minute, women, girls, and children — and indeed some men — fall victim to these heinous sexual assaults,” lamented human rights activist Julienne Lusenge. She emphasized that women and girls bear the brunt of this violence and called for perpetrators of sexual violence to face appropriate sanctions.

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

Trials to punish and deter

Lusenge also believes that bolstering the capabilities of security forces and actively combating armed groups are essential steps towards better protecting civilians. Meanwhile, the military justice system confirms its ongoing efforts to prosecute soldiers responsible for abuses. General Jean-Paul Tshayikolo, a military magistrate at the High Military Court, highlighted that these trials serve not only to punish but also to deter and educate.

According to him: “There are both good and bad elements within the military. Naturally, the military institution itself desires to have exemplary personnel. However, achieving zero impunity remains an ongoing challenge. When military justice tries a soldier, the resulting 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 groups, however, complicate the identification of those responsible for violations of international humanitarian law. This fragmentation also hinders effective mechanisms for dialogue, oversight, and accountability.

Furthermore, international humanitarian law mandates a clear distinction between civilians and combatants, a distinction not consistently observed on the ground. These factors further impede judicial proceedings and regrettably contribute to persistent impunity.