Abstract
LL.M. (International Law)
Africa’s Great Lakes Region (GLR) has in recent years experienced political strife, armed conflict and population displacements with severe humanitarian consequences, specifically the Democratic Republic of Congo (DRC). Some authors regard the prevailing war in the DRC as the African equivalent of the First World War. This is because up to eight African countries and more than 10 rebel groups were involved in this war which plays itself out on Congolese territory. This war has been the deadliest since World War II, with a death toll of 5.4 million people, mostly as a result of disease and starvation. What is more, 1.8 million women have reportedly been raped in the eastern Congo. All these facts point to the limited or non – application of IHL by all the belligerents involved in the armed conflict in the DRC.
Ever since, the UN Security Council has adopted more than 15 resolutions aimed at terminating the war in the DRC; however, the war is still ongoing in this country. Thus, this study advocates for the creation and implementation of a regional legal instrument whose purpose is to ensure respect for and application of IHL by all belligerents. Put differently, this study raises the question of the creation and implementation of a special court for the DRC based on the models of the special court for Sierra Leone, and the International Criminal Tribunal for Rwanda (ICTR).