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Défèrer la RD Congo au Conseil de Sécurité de l'ONU si Elle Continue à Défier l'Exécution du Mandat d'Arrêt de la CPI Contre Ntaganda
Related to country: Congo, DR

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To submit the RD Congo with the Security Council of UNO if It Continues To defy the Execution of the Warrant for arrest of CPI Against Ntaganda
Automatically translated into English thanks to WorldLingo
The failure in the arrest of Bosco Ntaganda until now highlight lack of serious in the reinforcement of warrants for arrest delivered by CPI. If CPI finds that the case of Ntaganda reached the dead end in the co-operation with the Congolese State, that it submits this case with the Security Council of UNO to find solution there, in agreement with article 87, paragraph 7 of the Treaty of Rome



the Congolese State does handle CPI for a political motivation?


After the creation of CPI in 2002, much of people had the hope which CPI will inaugurate a new period of the international responsibility for the serious violations for the human rights, by taking care so that the culprits are translated into justice. It is for the same reason that certain founders of CPI anticipated that while putting an end to impunity, CPI will dissuade the future attrocities. This promise created the hope for many people, including our organization, the Mobilization for Justice and Peace in Congo which fights for the promotion of justice and peace in DRC, by combatant impunity rigorously.

With any despair with the Congolese people, the Congolese government preferred not to stop Bosco Ntaganda but rather to integrate it in the Congolese forces Armed on pretext of preserve national safety and the process of national peace. According to the expression of the Congolese Minister for justice, Luzolo Emmanuel-January: “In practice legal of a State, it ya of the moments when the requirements of peace carry on the traditional needs for justice”. Of course here, the Congolese government chose to play the policy, to choke justice, to inhibit the democratic development which will allow Congo to become a State of Droits. This decision is not for the interest of the Congolese people. It borrowed the assumption formerly used by the critic of the arrest of Thomas Lubanga and that the Congolese government itself had rejected. The assumption according to which, the arrest and the extradition of this last in CPI créérait more conflicts and would handicap the process of peace and national reconciliation. The obviousness speaks for oneself, the case of Thomas Lubanga became a traditional example which proves that the arrest of Bosco Ntaganda will not have any effect on the process of peace like the Congolese government raised. Moreover the current moment is more favourable for such a request that the time of the arrest of Thomas Lubanga; a time which was conflict and more dangerous. Despite everything, the prediction of criticism never materialized.

If the Congolese government continues to maintain this position, isn't it time for the International Penal Court or the Security Council of the United Nations, to take of another precaution finally to allow justice to complete its course? Does CPI, still make effort stop Bosco Ntganda or uses it other provisions in its provision finally to honour its decision?

It is important for CPI to very make to preserve its credibility

the Canadian nongovernmental organization “The International Centers for Human Rights and Democratic Development” once informed that so certain States are able to use CPI for their political motivations, or so certain people are beyond the range of CPI because of their position within a State, the Court will lose credibility, the human rights will continue to be violated, and the democratic development will be choked. (1)

It is deplorable which aujourdhui the Case of alleged the crimenel of war and criminal against humanity, Bosco Ntaganda, does not become a case which raised that this prediction of this organization of human rights is carried out under the eyes of the whole world and highlights the cridibility of majestic CPI is aujourdhui tested; and that itself, to defend its credibility, its founded good and its gasoline.


On April 29, 2008, the preliminary Room of CPI raised the seals of a warrant for arrest against Mr. Bosco Ntaganda, the former assistant of the chief of the Staff general of the patriotic Forces for the release of Congo (FPLC) in Ituri, and the current chief of Staff of the national Congress for the defense of people (CNDP), group armed in North-Kivu in DRC. The warrant for arrest enumerates three war crimes: 1) enrôlement of children of less than fifteen years; 2) the conscription of children of less than fifteen years, and 3) the use of children of less than fifteen years to be actively taken part in hostilities. But also, the new crimes committed in Kivu North are not recorded yet and it is time that the Prosecutor of the Court makes the setting at the day of the horrible acts perpetrated under its commendement in Kiwanja, for example, where 150 civil was massacred.

In fact, it simple that after the lifting of seals of warrant for arrest against Bosco Ntaganda, On April 29, 2008, the Court Penal International as an institution which takes care of impunity, did not do anything like following stage to give the value to its warrant for arrest and to prove with the Congolese government and to the implied criminal that its decision is not a fact of an incoherent judgement. Is there no mechanism to recourrir if it ran up in front of the lack of co-operation of the Congolese State?

The implication of the Security Council of L " UNO seems to be inevitable if the warrant for arrest must against Ntaganda were delivered to be carried out.

It is extremely inconceivable that CPI forgot that in the event of dead end article 17, subparagraph 3 of the Negotiated Agreement governing the relations between CPI and UNO, can be evoked by the Clerk of CPI in order to imply the Security Council of UNO, by the intremise of its Secretary General, in the search for resolutions. Here what says Art 17 of this same agreement:
“When having been seized by the Security Council, the Court notes, in accordance with article 87, paragraph 5 (b) and paragraph 7, of the statute, that a State refuses to cooperate with it, it informs of it the Security Council or the question submits to him, according to case's, and the Clerk communicates the Security Council, by the mediation of the Secretary general, the decision of the Court and information relevant on the business. The Security Council, via the Secretary general, makes available of the Court, via his Clerk, any measurement which it takes in the species " (2)

If CPI finds that this case Ntaganda reached the dead end in the co-operation with the Congolese State, that it submits this case with the Security Council of UNO to find solution there, in agreement with article 87, paragraph 7 of the Treaty of Rome:
“If a State Partie does not reach a request for co-operation as opposed to what envisages this Statute and thus prevents it from exerting the functions and powers which this Statute confers to him, the Court can take note of it and refer about it to the Parliament of the States Parties or to the Security Council when it is that which seized it. ” (3)
the failure of MONUC to take measures against a war criminal accused is in contradiction with their mission in Congo because peace and justice go hand in the hand.

The silence of UNO seems to imply its complicity in this perpetuity of impunity in Congo! If that is not true, why the Security Council does not authorize CPI to use the 17000 troops of MONUC to adopt Bosco Ntaganda?

Above all, it is advisable to recall that Article 8 of the Agreement Negotiates governing the relations between CPI and UNO provides that the two institutions must consult each other, cooperate and to even exchange itself of the personnel and services. Article 8.2 (b) says clearly that UNO and CPI agree to cooperate for the temporary exchange of personnel when it is appropriate, without this one not losing its rights of seniority nor its rights to pension. That wants to say that it is legal and acceptable that the personnel of UNO can work to reinforce the warrant for arrest of CPI.


The role of the United Nations as a guarantor of international safety seems to be transformed into obliging criminals, transgressors of human rights.
It is deplorable to notice that the Mission of the United Nations in Congo, largest in the world, MONUC, which counts among its personnel: 16,601 soldiers, 737 observers militaries, 1093 policians and 965 civil specialists as regards human rights and humane businesses without counting its local and voluntary personnel; with an annual budget of 1.243 million American Dollars; remain unfertile in the dissuasion from the attrocities perpetrated on the civil population and its incapacity to stop supposed war criminal, Bosco Ntaganda. The role of the United Nations as a guarantor of international safety seems to be transformed into obliging criminals, transgressors of human rights.

On January 30, 2009, MONUC expressed openly, during a press conference, at the time of the joint military operation RDC-Rwanda, which it will not participara in an operation in which Bosco Ntaganda, supposed war criminal and criminal against humanity, plays an unspecified role. (4). Disappointing aujourdhui, credible source Al that same MONUC takes part in a joint operation (MONUC-FARDC), with Ndaganda like a Co-coordinator, according to BBC. (5)



In Congo, like elsewhere, CPI like international instrument in the fight against impunity and to prevent atrocities could quickly lose its value if it not does not take concrete measures to start to make apply its own warrants for arrest.

No the doubts today, certain people see the failure in the arrest of Bosco Ntaganda like a lack of political good-will of the Security Council of UNO, pure and simple obliging complicity and a guilty refusal of UNO to play its impartial part in the defense of justice and L '' irradication of impunity, the plague which devastates the human life and which perennializes the violations of the human rights to Congo in particular and in Africa in general. It is also the test to which is subjected the International Penal Court to prove in the world its founded good, its effectiveness, its consistency like its impartiality in the exercise of its prerogatives. The world waits patiently and attentively the actions of these two institutions so that justice is made in Congo, the war criminals Bosco Ntaganda, Laurent Nkundabatware and others are stopped and tranferrés in abominable The Hague to answer their acts.


It is imperative for the first permanent international court to keep a certain impeccable impartiality to prevent or reduce at least the risk to let itself take with the trap by the same authors of violations of the human rights as it was created for holding responsible. Why Bosco Ntaganda, the notorious war criminal and crime against humanity remains aujourdhui free while his/her three collaborators, Mathieu Ngudjolo Chui, Germain Katanga and Thomas Lubanga are aujourdhui behind the bars? Its state of freedom, is not it a sign of lack of serious in the reinforcement of the decisions of the Penal Court Internatinale and the lack of commitment of the Security Council of the United Nations to take care on the decisions of a expensive institution which it swore his creation and swore to contribute to the realization of his mission. Is an irony when these states founders, the Security Council of UNO, say that the commitment entered into in Rome to put a term àl' impunity is not negotiable!





Makuba T. SEKOMBO is the Director of the Community Businesses of the Mobilization for Justice and Peace in RD Congo (MJPC), an organization which strongly denounces the decision of President KABILA to defy the warrant for arrest of Court Penal International against the war criminal and criminal against humanity. The MPJC has a petition on line calling with the immediate arrest of NTAGANDA which can be signed with
http://www.gopetition.com.au/online/24459.html


For further information on the MJPC and of its activities, visit the wbsite http://www.mjpcongo.org; or call Makuba T. SEKOMBO
to the 1 408.806 3644 or e-mail
msekombo@mjpcongo.org







May 11, 2009 | 11:14 PM Comments  0 comments

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