Statement of ICC Prosecutor Karim A.A. Khan KC on the Situation in the Democratic Republic of the Congo and renewed investigations
Today, I wish to announce that I have decided to renew our investigative efforts in the Democratic Republic of the Congo ("DRC"). Priority focus of the investigation will be given to any alleged Rome Statute crimes occurring in North Kivu since January 2022.
The DRC authorities have twice seized my Office to undertake investigations into the situation in their territory. Their first referral, submitted on 3 March 2004, encompassed alleged Rome Statute crimes committed in the entire territory of the DRC since 1 July 2002. In June 2004, the Office opened an investigation into the situation in DRC. The DRC government submitted a second referral on 23 May 2023 concerning alleged crimes committed in North Kivu by members of different armed groups and forces since 1 January 2022.
In the past months, my Office assessed, as a preliminary matter, whether any Rome Statute crimes committed in North Kivu since January 2022 are sufficiently linked to the scope of the existing situation under investigation by my Office in the DRC.
This assessment is now complete. I have determined that the latest episodes of violence in North Kivu since 2022 are interconnected with patterns of violence and hostilities that have plagued the region since at least 1 July 2002, the start of the Court's jurisdiction in the DRC. Therefore, any alleged Rome Statute crimes committed in North Kivu since 1 January 2022 would fall within the remit of the ongoing investigation opened in June 2004.
I wish to recall that our investigations in North Kivu will not be limited to particular parties or members of specific groups. Rather, my Office will examine holistically, independently and impartially the responsibility of all actors allegedly committing Rome Statute crimes. My Office will also pay close heed to the principle of complementarity and seek engagement and cooperation from national authorities and all relevant actors with a view to ensuring effective justice for the victims of the crimes concerned.
The Memorandum of Understanding concluded in June 2023 between my Office and the DRC, and the more recent implementation mission led by Deputy Prosecutor Mame Mandiaye Niang, have provided an enhanced framework for collaboration and dialogue as we chart a two-track approach marked by vigilance and partnership, with an ongoing investigation on the one hand and efforts to support domestic accountability on the other. As the Office's Policy on Complementarity and Cooperation emphasises, ending the cycles of impunity in the DRC can only be achieved through joint accountability efforts by the DRC, my Office, and the wider international community.
Our ultimate goal is a long-term, sustainable and viable transitional justice strategy in the DRC, which the ICC and the international community can both support and learn from. To this effect, I welcome the decision taken by the DRC authorities to set up a steering committee to work on the establishment of a special criminal court for the DRC. In line with the complementarity principle, my Office stands ready to provide technical assistance to the DRC in the creation of this mechanism and to deepen collaboration and cooperation with national authorities and relevant partners, as we seek to increase the impact of our collective actions in the fight against impunity for international crimes.
For more on the situation in the Democratic Republic of the Congo, see here. For further details on "preliminary examinations" and "situations and cases" before the Court, click here, and here.
| ### "Be courteous to all, but intimate with few; and let those few be well tried before you give them your confidence", George Washington. ### |
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