Second Congolese Warlord Trial Resumed on January 26, 2010

By Rebecca Williams

Ituri, Democratic Republic of the Congo. Courtesy of Lois Michel.

The International Criminal Court (ICC) trial of Congolese warlords Germain Katanga and Matthieu Ngudjolo Chui resumed on January 26, 2010. Originally set to start in September 2009, the ICC decided to postpone the proceedings to allow for more investigation and was then forced to postpone the proceedings again when Judge Christine Van den Wyngaert was injured in a bicycle accident on December 2, 2009. The Prosecutor v. Katanga and Ngudjolo is the second trial for the ICC and is a unique case that will present many challenges for the Court. William Pace, Convenor of the Coalition for the International Criminal Court, explained that “the Court will deal with two accused, two defense teams, multiple charges, and more participating victims than in the Lubanga trial.”

Germain Katanga and Matthieu Ngudjolo Chui are jointly accused of seven war crimes and three crimes against humanity, committed in the village of Bogoro in the Ituri district of the Democratic Republic of Congo (DRC) from January through March 2003. According to Human Rights Watch, Katanga and Ngudjolo purposefully attacked the village with the goal of eradicating the Hema population in the area. In addition to attacking civilians, the Defendants are charged with murder, rape, sexual slavery, pillaging, destruction of property and using child soldiers.

Due to length of the proceedings and the large numbers of victims, this case is unique for the ICC and will be closely followed in the DRC. The Rome Statute, which governs the ICC, allows victims to actively participate in trial by voicing their concerns and opinions in proceedings that affect their personal interests provided they do not violate the defendants’ rights to a fair trial. In the Katanga/Ngudjolo trial, the Court has granted victim status for 345 applicants; however, they will all be represented by a common councilor except for a small group of child soldiers. Paulina Vega, Interim Director at the International Justice Desk at the International Federation for Human Rights, praises the courts for allowing so many victims to participate in the trial, but wonders if “a single legal representative for the larger group of victims will not fail to guarantee their meaningful participation.” Allowing victims to participate in the trial hopefully satisfies victims’ need for justice and closure which are important goals for the ICC. Although the Katanga/Ngudjolo trial will present numerous challenges procedurally, hopefully it will be fair and meet victims’ expectations as well.