Justice in the African Great Lakes: Addressing Impunity to Prevent Conflict

Introduction

The African Great Lakes region - encompassing Burundi, the Democratic Republic of Congo (DRC), Kenya, Rwanda, Tanzania, and Uganda - has long been plagued by cycles of violence, impunity, and regional instability. Without effective justice mechanisms to address impunity, the region risks continued proliferation of armed groups, terrorism, and interstate conflicts, particularly among Eastern African countries. This analysis examines the critical relationship between justice and stability in the region, exploring why and how justice mechanisms - particularly the International Criminal Court (ICC) - must be strengthened to break these cycles of violence.

The Cycle of Impunity and Violence

The African Great Lakes region has experienced devastating conflicts in recent decades. The Rwandan genocide, the First and Second Congo Wars (1996-1997 and 1998-2003), and ongoing conflicts in eastern DRC have claimed millions of lives. A common thread through these conflicts is the culture of impunity that allows perpetrators of atrocities to evade accountability.

When crimes go unpunished, several dangerous dynamics emerge:

1.     Victims lose faith in formal justice systems and may seek alternative forms of justice, including through armed resistance. As Autesserre (2010) notes, "The absence of credible justice mechanisms creates grievances that fuel recruitment into armed groups."

2.     Political and military leaders observe that violence can be an effective tool for gaining or maintaining power without consequences. This observation encourages the continued use of violence as a political strategy (Straus, 2012).

3.     Impunity for past crimes emboldens potential perpetrators and signals that similar actions in the future will likely go unpunished. This creates what Mueller (2018) calls a "permissive environment for atrocities."

Without addressing these dynamics, the region faces significant risks of:

• The proliferation of armed groups seeking to protect their communities or pursue vengeance
• The rise of terrorist organisations exploiting grievances and ungoverned spaces
• Interstate tensions as governments accuse neighbours of harbouring or supporting armed groups

The Link Between Impunity and Conflict

The Proliferation of Armed Groups

Impunity allows war criminals and human rights violators to escape accountability, fostering a cycle of violence. The DRC, for instance, has seen the rise of multiple armed groups, such as the M23, Mai-Mai militias, and the Allied Democratic Forces (ADF), largely because previous war crimes and atrocities were not effectively prosecuted (Human Rights Watch, 2021). This lack of justice emboldens new groups to form, believing they can act without consequences.

The Rise of Terrorist Organizations

Terrorism thrives in regions where governance is weak and justice is absent. The ADF, for example, has transformed from a rebel group into an ISIS-affiliated terrorist organization due to the failure of legal mechanisms to dismantle such networks (UN Security Council, 2022). Other extremist groups have found sanctuary in the region, contributing to instability in neighbouring countries like Uganda and Kenya.

Regional Wars and Cross-Border Conflicts

The history of the Great Lakes region is marked by wars between neighbours, including Rwanda's involvement in DRC conflicts (Prunier, 2009). Unresolved historical grievances, combined with impunity, continue to fuel hostilities between Eastern African countries, raising the risk of new conflicts.

The Role of the International Criminal Court

The ICC was established as a court of last resort to prosecute individuals for genocide, crimes against humanity, and war crimes when national courts are unwilling or unable to do so. In the African Great Lakes, the ICC has played a significant but controversial role.

Successes and Limitations

The ICC has made important contributions to justice in the region, including:

• The prosecution of Thomas Lubanga Dyilo, the first person convicted by the ICC, for recruiting child soldiers in the DRC
• Investigations into post-election violence in Kenya, which, despite not resulting in convictions, raised awareness about electoral violence
• The conviction of Bosco Ntaganda for war crimes and crimes against humanity in the DRC

However, the ICC faces significant limitations in its effectiveness:

• Limited resources and capacity to investigate complex crimes in challenging environments
• Accusations of bias and neo-colonialism from some African leaders
• Dependence on state cooperation for arrests and evidence gathering
• Inability to address structural causes of conflict or provide reconciliation mechanisms

As Nouwen and Werner (2015) argue, "The ICC's focus on individual criminal responsibility can obscure the systemic nature of violence and the political economy of conflict in the region."

Why Justice is Crucial

Deterrence of Future Crimes

When perpetrators are held accountable, it sends a strong message that crimes will not go unpunished. This serves as a deterrent to future war crimes and human rights abuses (Sikkink, 2011).

Restoration of Victims' Rights

Justice provides closure to victims and their families, fostering reconciliation and social healing. Compensation mechanisms and truth commissions can aid this process.

Building Long-Term Stability

Without justice, grievances persist, fuelling cycles of revenge. A strong legal framework contributes to long-term stability by addressing root causes of conflict and ensuring fair governance.

Comprehensive Approach to Justice and Stability

Addressing impunity in the African Great Lakes requires a multi-faceted approach that goes beyond the ICC to include national, regional, and international mechanisms.

Strengthening National Justice Systems

National courts remain the most important venue for delivering justice to victims. Strengthening these systems should include:

• Investment in judicial infrastructure, training, and resources
• Legal reforms to ensure independence and impartiality
• Protection mechanisms for witnesses, victims, and judicial officials
• Incorporating international crimes into domestic legal frameworks

As Clark (2018) observes, "Sustainable justice in the Great Lakes requires strong national institutions that can deliver justice in ways that are culturally relevant and accessible to affected communities."

Regional Approaches

Regional mechanisms can complement national and international efforts:

• The East African Court of Justice could expand its mandate to include serious international crimes
• The African Court of Human and Peoples' Rights could play a more prominent role in addressing systemic human rights violations
• Regional bodies like the International Conference on the Great Lakes Region (ICGLR) can facilitate cooperation on justice issues

Moghalu (2014) argues that "African-led justice mechanisms have greater legitimacy among local populations and can be more attuned to local contexts and needs."

Reforming and Supporting the ICC

For the ICC to be more effective in the region, several reforms are necessary:

• Increasing resources for investigations and prosecutions in the region
• Enhancing outreach to affected communities to build understanding and trust
• Developing more collaborative relationships with national authorities
• Balancing prosecutions across different regions to address perceptions of bias
• Working more closely with civil society organisations

The Case for an International Court for the DRC

Why an International Court is Needed

The Democratic Republic of the Congo has experienced decades of conflict characterized by mass atrocities, including genocide, war crimes, and crimes against humanity. The weak judicial system, political interference, and lack of accountability mechanisms necessitate the establishment of an international court dedicated to addressing these crimes.

How It Would Operate

An international court for the DRC would function similarly to the tribunals established for Rwanda (ICTR) and the former Yugoslavia (ICTY). It would:

• Investigate and Prosecute Perpetrators: Conduct independent investigations into war crimes, ensuring that both state and non-state actors are held accountable.
• Collaborate with the ICC: Work alongside the ICC to prosecute high-ranking officials while allowing national courts to handle lower-profile cases.
• Ensure Fair Trials: Operate under international legal standards to provide fair and transparent trials, preventing politically motivated prosecutions.
• Support Victim Participation: Allow victims to testify and seek reparations, ensuring their voices are heard in the judicial process.

The Impact of an International Court on the DRC

• Breaking the Cycle of Impunity: Demonstrating that war crimes and human rights violations will be punished.
• Strengthening the National Judiciary: Encouraging reforms and providing a model for domestic legal improvements.
• Restoring Public Confidence in Justice: Reassuring citizens that justice is being served and deterring further conflict.
• Facilitating Regional Stability: By addressing cross-border crimes and holding responsible actors accountable, the court would contribute to broader peace efforts in the Great Lakes region.

Implementation Strategy: Who, Why, and How

Key Stakeholders

• National Governments: Primary responsibility lies with states in the region to develop effective justice mechanisms and cooperate with regional and international efforts.
• The ICC: Must continue its mandate while adapting its approach to address criticisms and enhance effectiveness.
• Regional Bodies: The African Union, East African Community, and ICGLR can provide political support and develop complementary mechanisms.
• Civil Society: Local and international NGOs play crucial roles in documentation, advocacy, and supporting victims.
• International Partners: The UN, EU, and bilateral donors can provide financial and technical support.

Strategic Priorities

1.     Address immediate justice needs in active conflict zones to prevent further violence

o    The UN and regional peacekeeping forces should work with local authorities to document ongoing crimes and protect evidence.

o    Mobile courts can bring justice to remote areas where permanent judicial infrastructure is lacking.

2.     Build domestic capacity for prosecuting international crimes

o    International partners should provide targeted assistance for specialised chambers, witness protection programmes, and forensic capabilities.

o    The ICC's complementarity principle should be operationalised through concrete support for national investigations and prosecutions.

3.     Develop transitional justice mechanisms that address the needs of victims

o    Truth commissions, reparations programmes, and traditional justice processes can complement criminal prosecutions.

o    As Lambourne (2014) notes, "Holistic transitional justice that includes restorative and retributive elements is more likely to contribute to sustainable peace."

4.     Address root causes of conflict

o    Justice initiatives must be linked to broader governance reforms, including:

§  Equitable resource distribution

§  Political inclusion of marginalised groups

§  Security sector reform

§  Land rights and refugee returns

5.     Enhance regional cooperation to address cross-border dimensions of conflict

o    Joint border monitoring, intelligence sharing, and extradition agreements can prevent armed groups from exploiting state boundaries.

6.     Implement effective Disarmament, Demobilization, and Reintegration (DDR) Programs

o    DDR programs are crucial in addressing the root causes of armed conflict.

o    Successfully reintegrating former combatants into society can help prevent them from joining other militant groups.

o    Programs that offer economic opportunities and psychological support can reduce recidivism.

7.     Invest in Economic Development

o    Conflict often stems from poverty and resource competition.

o    Economic development programs targeting at-risk populations can help reduce the recruitment pool for armed groups.

o    Infrastructure development, education, and employment initiatives are necessary for long-term stability.

The Way Forward for the ICC

The ICC must evolve its approach in the African Great Lakes to maximise its impact:

• Strategic case selection focusing on cases that have the greatest potential to disrupt cycles of violence and demonstrate that impunity will not be tolerated
• Positive complementarity through practical support for national investigations and prosecutions, including technical assistance and training
• Enhanced outreach to affected communities to build understanding of the Court's mandate and processes
• Greater sensitivity to local contexts and regional dynamics, including better coordination with regional institutions
• Balanced prosecutions across different situations to address perceptions of geographical bias

As former ICC Prosecutor Fatou Bensouda stated, "Justice is not an obstacle to peace but a necessary condition for sustainable peace" (ICC, 2016).

Conclusion

The link between impunity and continued violence in the African Great Lakes region is clear. Without effective justice mechanisms, grievances fester, armed groups proliferate, and the risk of interstate conflict increases. Addressing this challenge requires coordinated action at multiple levels - national, regional, and international.

The ICC has an important role to play but cannot succeed alone. Its efforts must be part of a comprehensive approach that strengthens national justice systems, develops regional mechanisms, addresses the root causes of conflict, and potentially establishes specialized courts for the most affected areas like the DRC. With political will and adequate resources, justice can help break the cycles of violence that have devastated the region for too long.

Only through a commitment to ending impunity can the African Great Lakes region hope to achieve lasting peace and prevent the emergence of new armed groups, terrorist organisations, and interstate conflicts that threaten the stability of Eastern Africa.

References

African Union. (2020). African Charter on Human and Peoples' Rights. Retrieved from www.au.int

Autesserre, S. (2010). The Trouble with the Congo: Local Violence and the Failure of International Peacebuilding. Cambridge University Press.

Clark, P. (2018). Distant Justice: The Impact of the International Criminal Court on African Politics. Cambridge University Press.

Human Rights Watch. (2021). Democratic Republic of the Congo: Armed Groups and Justice Challenges. Retrieved from www.hrw.org

International Criminal Court (2016). Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on the conclusion of the peace negotiations between the Government of Colombia and the Revolutionary Armed Forces of Colombia.

Lambourne, W. (2014). Transformative justice, reconciliation and peacebuilding. In S. Buckley-Zistel, T. Koloma Beck, C. Braun, & F. Mieth (Eds.), Transitional Justice Theories (pp. 19-39). Routledge.

Moghalu, K. (2014). Global Justice: The Politics of War Crimes Trials. Stanford University Press.

Mueller, S. D. (2018). The Origins of Political Violence in Kenya: Land, Power and the Perpetuation of Impunity. Cambridge University Press.

Nouwen, S., & Werner, W. (2015). Doing justice to the political: The International Criminal Court in Uganda and Sudan. European Journal of International Law, 21(4), 941-965.

Prunier, G. (2009). Africa's World War: Congo, the Rwandan Genocide, and the Making of a Continental Catastrophe. Oxford University Press.

Sikkink, K. (2011). The Justice Cascade: How Human Rights Prosecutions Are Changing World Politics. W.W. Norton & Company.

Straus, S. (2012). Wars do end! Changing patterns of political violence in sub-Saharan Africa. African Affairs, 111(443), 179-201.

UN Security Council. (2022). Report on Armed Groups in the Great Lakes Region. Retrieved from www.un.org/securitycouncil