Despite pledges made by both national authorities and their international allies, the Democratic Republic of Congo’s eastern conflict zones remain plagued by severe infringements of international humanitarian law. The sanctity of these critical regulations is consistently undermined.

Amidst the proliferation of armed factions and the relentless assaults on civilian populations, the International Committee of the Red Cross (ICRC) advocates for enhanced awareness and more stringent enforcement of these fundamental rules. To advance this objective, the organization recently hosted a significant conference in Kinshasa.

When the rules of engagement fail to protect

Across these volatile conflict regions, international humanitarian law often remains largely unfamiliar, and even when understood, its principles are frequently disregarded. This perilous reality leaves civilian communities increasingly vulnerable, trapped amidst clashes between various armed entities.

Human rights advocate Julienne Lusenge laments the staggering scale of sexual violence, stating, “Sexual violence cases number in the millions. Every minute, women, girls, and children — and certainly some men — fall victim to these heinous sexual assaults.” She highlights that women and girls bear the brunt of this brutality and urgently calls for perpetrators to face repercussions. Lusenge further emphasizes, “Regrettably, at the international level, we have yet to see a single case fully prosecuted. It is imperative that we achieve international accountability for crimes of sexual violence.”

Trials for accountability and deterrence

Ms. Lusenge also asserts that bolstering the capabilities of security forces and intensifying efforts against armed groups are crucial steps to better safeguard civilians. Meanwhile, the military justice system maintains its commitment to prosecuting soldiers implicated in abuses. General Jean-Paul Tshayikolo, a military magistrate with the High Military Court, emphasizes that these legal proceedings serve both a deterrent and an educational purpose.

According to General Tshayikolo, “There are both exemplary and problematic individuals within our ranks. Naturally, the military institution’s very desire is to foster good personnel. However, zero impunity will never be fully achieved. Regarding military justice, when a soldier is tried, 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 that defy international humanitarian law

Over 200 distinct armed factions operate across eastern DR Congo, primarily concentrated in the provinces of Nord-Kivu, Sud-Kivu, and Ituri, with a lesser presence in Tanganyika.

The constantly shifting alliances among these groups significantly impede the identification of those responsible for international humanitarian law breaches. This fragmentation further complicates efforts related to dialogue, oversight, and the implementation of punitive measures.

Furthermore, a core tenet of international humanitarian law mandates a clear distinction between civilians and combatants, a separation often blurred or entirely absent in the field. These compounding factors severely hinder judicial prosecutions and regrettably perpetuate an environment of impunity.