In the Democratic Republic of Congo, despite pledges from authorities and their international partners, international humanitarian law continues to face severe challenges in the conflict-ridden eastern areas of the country.

Confronted by a proliferation of armed groups and widespread harm inflicted upon civilians, the International Committee of the Red Cross (ICRC) is advocating for enhanced awareness and more stringent enforcement of these crucial rules. To advance this objective, the organization hosted a conference in Kinshasa on Thursday, July 23.

When the rules of war fail to protect

Within conflict zones, international humanitarian law often remains poorly understood, and even when comprehended, adherence is not consistently observed. This precarious situation leaves civilian populations even more vulnerable, frequently caught in the crossfire between various warring factions.

“Sexual violence instances number in the millions. Every minute, women, girls, and children — and certainly some men — fall victim to these sexual assaults,” stated human rights activist Julienne Lusenge, emphasizing that women and girls bear the most significant burden. She urgently called for perpetrators of sexual violence to face sanctions.

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

Trials to sanction and deter abuses

Julienne Lusenge also asserted that bolstering the capabilities of security forces and actively combating armed groups are essential steps for enhancing civilian protection. Meanwhile, the military justice system maintains that it is actively prosecuting service members responsible for abuses. General Jean-Paul Tshayikolo, a military magistrate at the High Military Court, highlighted that these trials serve both a deterrent and an educational purpose.

According to General Tshayikolo: “There are both commendable and problematic elements within the ranks. Naturally, the military community’s desire is to have exemplary personnel. However, achieving zero impunity remains an ambitious goal. When military justice prosecutes a service member, 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 factions are currently operating across eastern Democratic Republic of Congo, primarily concentrated in the provinces of North Kivu, South Kivu, and Ituri, with a lesser presence in Tanganyika.

However, the constantly shifting alliances among these groups complicate efforts to identify those responsible for breaches of international humanitarian law. This fragmentation also impedes effective dialogue, oversight, and accountability mechanisms.

Furthermore, international humanitarian law mandates a clear distinction between civilians and combatants, a separation that frequently fails to materialize on the ground. These combined factors further complicate judicial prosecutions and regrettably perpetuate a climate of impunity.