Between rhetoric and action

The report assesses the ICC's operations in the DRC, highlighting a gap between the government's political support and its actual technical capacity to cooperate. It examines specific cases, such as those of Thomas Lubanga and Jean-Pierre Bemba, and analyzes how domestic politics and the pursuit of peace in the Kivus create tensions with the ICC's mandate. The author finds that while the ICC is viewed as a crucial tool against impunity, victims and civil society express frustration over limited outreach, perceived selectivity in prosecutions, and the Court's low public profile.

• The DRC government maintains a strong political will to cooperate with the ICC to fight impunity and promote the rule of law, but this is undermined by a severe lack of technical and financial capacity within its law enforcement and judicial agencies.
• The DRC has not passed domestic legislation to implement the Rome Statute, relying instead on a provisional Agreement on Judicial Cooperation signed in 2004 to regulate its relationship with the Court.
• The pursuit of peace in the Kivus has created a conflict for the DRC government, as the desire to grant amnesty to rebels for 'acts of war and rebellion' clashes with its international obligations to the ICC.
• Victims of atrocities in the DRC hold high expectations for the ICC, but these are often unrealistic and poorly managed due to limited awareness campaigns regarding the Court's actual scope and the limited number of participants allowed in proceedings.
• Civil society and NGOs have been active in supporting the ICC, but they express dissatisfaction with the Court's 'low profile' and a perceived lack of transparency and information regarding victims' participation.
• The UN mission in the DRC (MONUC) is indispensable to the ICC's work, providing essential security for investigators and assisting in the arrest and transfer of suspects.
• The case of Thomas Lubanga was marred by controversy when the Trial Chamber ordered his release due to the Office of the Prosecutor's failure to disclose potentially exculpatory evidence obtained under confidentiality agreements.
• The arrest of Jean-Pierre Bemba, a high-profile political figure, sparked perceptions that the ICC might be used by the DRC government to target political enemies, despite the charges relating to crimes in the Central African Republic.
• The decision to refer the DRC situation to the ICC was driven by multiple factors, including the failure of the domestic Truth and Reconciliation Commission (CVR), international pressure from the UN and EU, and the government's desire to rebuild the state under the rule of law.
• There is a perception among victims and some observers that the ICC is selective, targeting 'small people' or 'politically safe' cases in Ituri while avoiding high-ranking officials or ongoing atrocities in the Kivus.

APA

Musila, G. M. (2009). Between rhetoric and action. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/MONO164FULL.PDF

Chicago

Musila, Godfrey M. Between rhetoric and action. Institute for Security Studies, 2009. https://issafrica.s3.amazonaws.com/site/uploads/MONO164FULL.PDF.

Wikipedia

{{cite report |last1=Musila |first1=Godfrey M |title=Between rhetoric and action |publisher=Institute for Security Studies |date=July 2009 |url=https://issafrica.s3.amazonaws.com/site/uploads/MONO164FULL.PDF |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{musila2009between, author = {Musila, Godfrey M}, title = {{Between rhetoric and action}}, institution = {Institute for Security Studies}, year = {2009}, month = jul, url = {https://issafrica.s3.amazonaws.com/site/uploads/MONO164FULL.PDF}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }