Congolese Jurisprudence under International Criminal Law

To what extent is Congolese jurisprudence in line with that of international criminal tribunals, and in particular with that of the International Criminal Court (ICC) whose Congolese courts have directly applied the Statute?

Congolese Jurisprudence under International Criminal Law
@OSISA

Author

December 6th, 2017

The event consists of the launch of the English version of the study entitled "Congolese Jurisprudence under International Criminal Law" (an analysis of the decisions of Congolese military courts under the Rome Statute).  This study demonstrates extraordinary dynamism in the face of the limitations of legislation and the difficult working conditions of the Congolese military courts, which have been able to overcome parliamentary delays in adopting adequate laws to persecute international crimes provided for in the Rome Statute.

The important jurisprudence generated by this movement is among the most innovative experiences in applying the Rome Statute to national prosecution system of international crimes.

To what extent is Congolese jurisprudence in line with that of international criminal tribunals, and in particular with that of the International Criminal Court (ICC) whose Congolese courts have directly applied the Statute? To what extent does the repression of serious crimes by Congolese courts comply with the standards of fair trial of accused persons? In particular, what is the place of victims in this repression?

It is to these questions that this OSISA study attempts to answer, based on the critical analysis of some thirty decisions by which Congolese judges applied the Rome Statute directly to the cases of war crimes and crimes against humanity referred to them.

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