ICC - The Prosecutor on the co-operation with Congo and other States regarding the situation in Ituri, DRC

The Prosecutor on the co-operation with Congo and other States regarding the situation in Ituri, DRC

ICC-OTP-20030926-37

The Prosecutor of the International Criminal Court will seek the assistance of African countries in finding African solutions for the problems of the region. In coming weeks, he will send letters to these African countries, inviting them to actively support his work. He will also communicate with the Government of the Democratic Republic of Congo (DRC), calling for its co-operation with the Prosecutor in respect of his work on the situation in Ituri, DRC. The Prosecutor will send letters to all States Parties to the Rome Statute as well, seeking their support in respect of his ongoing analysis of the situation in Ituri.

Following his election as Deputy Prosecutor (Investigations) by the Assembly of States Parties, Serge Brammertz will be sworn-in on 3 November 2003. He will thereafter be in charge of the work of the Office regarding the situation in Ituri. The swearing-in ceremony will be followed by a workshop, in which the Chief Prosecutor Luis Moreno-Ocampo and his Deputy Prosecutor will discuss the work of the Office of the Prosecutor with other international prosecutors.

The Office of the Prosecutor draws attention to the fact that the crimes affecting Ituri are not only being committed within the province. The United Nations Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth in the DRC has already established a number of connections between the atrocities committed in the country and businesses operating in Europe, Asia and North America. The Office of the Prosecutor will work together with national investigators and prosecutors in order to determine the contribution, if any, that these businesses are making to the commission of crimes in the DRC.

The investigation of the financial aspects of war crimes and crimes against humanity is not a new idea. In the aftermath of the Second World War, German industrialists were prosecuted by the Nuremberg Military Tribunals for their contribution to the Nazi war effort. One of these Tribunals held that it was a settled principle of law that persons knowingly contributing – with their influence and money – to the support of criminal enterprises can be held responsible for the commission of such crimes.

The investigation of the financial aspects of the atrocities allegedly committed in Ituri will be crucial to prevent future crimes and for the prosecution of crimes already committed. If the alleged illegal business practices continue to fuel atrocities, these will not be stopped, even if material perpetrators are arrested and prosecuted. The Prosecutor of the ICC hopes that the prosecution of these cases will contribute to the ongoing peace process and ultimately yield stability for the DRC, fostering not just political stability but also healthy markets.

Source: Office of the Prosecutor