International Humanitarian Law violations in the armed conflict in eastern part of DR Congo: the case of the CNDP

Tunamsifu Shirambere Philippe

More than six decades since the adoption of the Geneva Conventions of 1949, mankind has experienced an alarming number of armed conflicts affecting almost every continent. During this time, the four Geneva Conventions and their Additional Protocols of 1977 have provided legal protection to people not or no longer participating directly in hostilities (the wounded, sick and shipwrecked, persons deprived of their liberty for reasons related to an armed conflict and civilians). Even so, there have been numerous violations of these treaties, resulting in suffering and death which could have been avoided if International Humanitarian Law (IHL) was better respected.

For more than two decades, the African Great Lakes Region has been characterized by intense political violence which has resulted in various violations of serious international crimes including genocide, crimes against humanity and war crimes.

This article will focus on the third armed conflict (2004-2009) under the leadership of General Nkunda and Colonel Mutebusi’s rebellions. Besides, it the legal reasoning of the violations of international humanitarian law during the third conflict in the DRC and then presentes the necessity to prosecute the perpetrators.

For more, the article was published in A38JIL 2(1), (April 2013) 244-252 Available at 

https://docs.google.com/a/athirtyeight.com/viewer?a=v&pid=sites&srcid=YXRoaXJ0eWVpZ2h0LmNvbXx2b2x1bWUtMnxneDo3MjM0N2U1NGNiNzJkOTUy

Illegal Trafficking of natural resources by the UN peacekeepers in the Eastern Part of the DR Congo

Tunamsifu Shirambere Philippe

Since 1996, the DRC has been the theater of armed conflicts in which were involved neighbor countries. As the conflict became the threat to the regional peace and security, the UNSC was concerned and called for a ceasefire and the withdrawal of foreign forces. Following the signing of Lusaka Ceasefire Agreement, through the resolution 1279(1999) the UNSC established the MONUC which became MONUSCO by the Resolution 1925(2010). Indeed, the main mandate was the protection of civilian population, humanitarian personnel and to support the Government in its stabilization and peace.

Nevertheless, since the establishment of the MONUC/MONUSCO, many evidences have been expressed to denounce the involvement of peacekeepers in gold trading and possible provision of arms and ammunition but ever since no sanctions. They were also involved in illegal trafficking of natural resources through national staffs of the MONUC/MONUSCO. In proceedings of fragrance, the court has found him guilty for trying to smuggle minerals to Rwanda and has been condemned.

Indeed, the conclusion underlines that the UN peacekeeping had not been able to successfully reestablish peace even to prevent illegal trafficking of natural resources.

Thus, this study tries to analyze the involvement of peacekeepers in illegal trafficking of natural resources and a legal case.

The article was published in the A38 Journal of International Law, Volume 1, Edition 2. (October 2012) and is available on: 

https://docs.google.com/a/athirtyeight.com/viewer?a=v&pid=sites&srcid=YXRoaXJ0eWVpZ2h0LmNvbXx2b2x1bWUtMS1lZGl0aW9uLTF8Z3g6NmQ3M2M2NjQ3MDljODBmZg