The Higher Court in Podgorica today, after a three-year trial, sentenced Slobodan Peković to 20 years in prison for a war crime against civilians committed in 1992 in Bosnia and Herzegovina. Peković was convicted of the murder of two civilians, Emina and Mujo Šabanović, in the village of Hum near Foča, as well as of the rape of a female person with a protected identity in an apartment in Foča, whom he took out of the infamous “Partizan” hall. The verdict is an important step forward for the Montenegrin judiciary, as it is the first verdict for wartime sexual violence and the harshest sentence for war crimes since the verdict for the murder of the Klapuh family members in 1996. This verdict is a significant step forward in the punishment of war crimes in Montenegro and may be an encouragement for other victims to seek justice in court proceedings.

The trial panel was chaired by judge Nada Rabrenović, while the panel members were judges Zoran Radović and Goran Šćepanović. The indictment was represented by special prosecutor Tanja Čolan Deretić.

The verdict is a first-instance verdict and the defendant has the right to appeal it to the Court of Appeals of Montenegro.

Slobodan Peković, whose former surname was Ćurčić, was found guilty of participating in the attack on the village of Hum near Foča in June 1992 as a member of the Army of Republika Srpska. Then, together with other soldiers, he took Emina Šabanović out of her house, hitting her all over her body with a shovel and dragging her by the hair, and took her to the house of Mujo Šabanović, where he shot them both to death with an automatic weapon, and then set fire to the house with their bodies.

Peković was also found guilty of raping the injured witness A1. Namely, after A1 was forcibly brought to Foča, to the Partizan sports hall, Peković took her out of the hall together with her minor child, with witness A2 and several other women and children. He took them to an apartment across the street from the police station, where A1 was raped.

In explaining the verdict, the Court stated that it had been proven in the proceedings, based on witness statements, that on 8 June 1992 Peković was in the village of Hum, together with other members of the Republika Srpska army. The Court particularly valued the testimony of witness Ramiza Grcić, who saw Serbian soldiers take Emina Šabanović out of the house, hit her with a shovel, throw her over thorns, drag her by the hair and take her unconscious to the house of Mujo Šabanović. After some time, the house was set on fire, and the bodies of Emina and Mujo were found charred. Ramiza stated that she recognized Peković because at one point he took off his sock from his head, and she had known him from before.

Regarding the second part of the indictment, the Court pointed out that the statement of the injured party A1 was detailed, both in terms of Peković’s behavior towards her and towards the other women in the apartment who were also raped by other soldiers. Although A1 did not know Peković, he was identified by witness A2, who knew him from before. It was established that A1, A2 and the other women were taken from the “Partizan” hall and taken to an apartment near the police station, where Peković raped A1. The allegations of rape were also confirmed by medical documentation.

These facts were also established by the Court of Bosnia and Herzegovina in the conviction of the defendant Jasko Gazdić, which was also recalled by the special prosecutor Čolan Deretić during her closing arguments. In the proceedings conducted in Sarajevo, the witness clearly accused both Gazdić and Ćurčić (Peković) of rape, and the Court of BiH accepted her testimony as credible, detailed and confirmed by medical documentation. On that occasion, the Court of BiH stated in support of the objectivity and impartiality of the testimony of the injured party A1 that she made a clear distinction in the actions of the accused, stating that Slobodan Ćurčić (Peković) was rude, loud and arrogant, while Gazdić was silent and laughing the whole time.

As aggravating circumstances, the Court considered Peković’s previous convictions, persistence and cruelty in committing criminal offenses, as well as cunning, especially considering that he often stayed in the village of Hum and that the locals knew him, without showing any mercy towards them. The Court did not consider the fact that Peković is a father of two children as a mitigating circumstance, stating that he did not show any compassion during the commission of the offense.

The court referred the injured party A1 to a civil lawsuit to pursue her property claim. This now exposes the victim to additional victimization, because to obtain compensation from Peković, she must initiate new proceedings, reveal her identity and go through the trauma again, which is a violation of the standards of protection for victims of sexual violence. We believe that the court had to decide on the victim’s claim for compensation in the criminal proceedings, because there was time to order an expert assessment of her psycho-physical condition, given two “empty steps” during the trial lasting 19 months without a hearing.

Dalibor Tomović, the injured party’s lawyer, stated: “I believe this is a big step forward, considering that this is the first case of wartime sexual crime in Montenegro. Considering that the first instance trial lasted three years, and that 33 years have passed since the crime was committed, I hope that, in the event of an appeal by the defense, the Court of Appeal will decide as a priority.”

Ajna Mahmić, Legal Coordinator of the TRIAL International Office in BiH: “I believe that the verdict is the result of joint, long-term and dedicated work of survivors and organizations fighting for justice for victims of war crimes. I would like to express special gratitude to our client, the protected witness – a brave woman who, despite years of silence, trauma and fear, decided to speak out and seek justice. Her determination, dignity and strength initiated this procedure and enabled the crime to be named, acknowledged and sanctioned. I also thank her family for the support they provided throughout the process – without them, this moment would not have been possible.”

Tea Gorjanc Prelević, Executive Director of the Human Rights Action, Podgorica: “The Montenegrin judiciary has thus shown that it can handle demanding trials for sexual violence in which the victims are protected witnesses. I expect the state to ensure that the property-legal claims of such victims are decided in criminal proceedings and that the victims are spared additional trauma. This verdict is important because it forces us to face the facts about the participation of Montenegrin citizens in mass war crimes, and especially the rape of women in Bosnia and Herzegovina. I call on everyone who knows anything about this to contact the state prosecutor’s office. All such crimes have left a permanent and painful mark on the lives of innocent people and their families, especially children.”

[Day of International Criminal Justice – Global Initiative against Impunity Statement]

On the 27th anniversary of the adoption of the Rome Statute of the International Criminal Court, the Global Initiative Against Impunity reaffirms the essential role of international justice in upholding the international rules-based order. Victims and survivors of atrocity crimes must be at the heart of these processes and have the right to meaningful, equal, and effective access to justice and reparation.

 

 

17 July 2025 – In the face of unprecedented threats over the past year, international justice mechanisms have demonstrated resilience and resolve. Nonetheless, we remain deeply concerned about the continued erosion of accountability that jeopardizes victims’ rights and weakens the international rule of law. In many contexts, transitional justice efforts are being undermined or co-opted, failing to confront the root causes of violence or deliver redress to those most affected. We have witnessed selective responses driven by political interests, interference and attacks that threaten the independence, impartiality and effectiveness of judicial bodies. The absence of concrete and coordinated action to preserve the international justice system—often in defiance of States’ obligations under international law—has allowed atrocities to persist and escalate, causing devastating suffering for civilians.

In this difficult context, it is even more inspiring to see the unwavering commitment of human rights defenders and civil society in their fight against impunity, despite the risks they face, sometimes at the cost of their lives. Many have pursued legal action, documented and denounced atrocities, or mobilized international and national solidarity through public demonstrations. Survivors, victims’ groups, and affected communities have taken up the charge to lead efforts to demand truth, justice, and reparation, including guarantees of non-recurrence, even in the absence of institutional support, and the dearth of funding. Such determination for justice to prevail and for perpetrators to be held accountable must remain our shared guiding principles in the pursuit of international justice.

To preserve the international justice system that we have collectively built over decades, we must demonstrate our commitment to human rights and democracy through firm and bold action. This moment demands responsibility from all stakeholders—States and decision-makers, international organizations, and corporate actors—to uphold their international obligations and reinforce the fight against impunity. In particular, the Global Initiative Against Impunity urges all States to deploy every tool at their disposal—legal, political, diplomatic, and economic—to honor their commitments and to:

1. Ensure the safe and equal access of victims and survivors of international crimes, including by supporting meaningful participation in judicial processes and the implementation of reparations frameworks. This includes investing in survivor-centred, trauma-informed mechanisms that go beyond consultation and enable co-creation of justice processes at local, national, regional, and international levels.
2. Take effective and coordinated actions to unequivocally support and strengthen international justice institutions and those who defend them, by adopting legal instruments and other safeguards that adequately protect these bodies and individuals, and by ensuring sustainable financial support.
3. Support UN accountability mechanisms and experts in their efforts to access victims, investigate, protect, advocate for human rights, and bring about justice for international crimes. This includes adopting a firm stance and taking action, including through diplomatic pressure, in response to smear campaigns and attacks against them.
4. Implement decisive measures to prevent international crimes and serious human rights violations, as well as the risk of complicity through activities that benefit from their commission, and ensure accountability for all perpetrators, whether individuals, states, or corporate actors. This includes respecting international legal obligations, complying with the International Court of Justice’s advisory opinions and judgments, and fully cooperating with the International Criminal Court.

On the Day of International Criminal Justice, the Global Initiative Against Impunity reaffirms its commitment to advancing comprehensive justice and accountability for international crimes and serious human rights violations across the globe—including through inclusive, locally rooted transitional justice approaches that challenge structural impunity and foster long-term peace and equality—until justice works, everywhere and for all.

 

About the Global Initiative Against Impunity:

The Global Initiative Against Impunity for international crimes: Making justice work (GIAI) is a Consortium of eight international NGOs and the Coalition for the ICC, co-funded by the European Union, which aims to contribute to the fight against impunity by supporting a comprehensive, integrated, and inclusive approach to justice and accountability for serious human rights violations and international crimes.

 

 

TRIAL International’s Office in Bosnia and Herzegovina has been working on the improvement of the status of survivors of war crimes for 15 years by providing them with free legal aid before domestic and international bodies and mechanisms for the protection of human rights, and advocating legislative changes aimed at establishing justice for survivors of war crimes. Even though the war in Bosnia and Herzegovina ended exactly 30 years ago, all war crimes are still not prosecuted before the judiciary, and the perpetrators are inaccessible to the judicial authorities because they live outside Bosnia and Herzegovina.

 

In other cases, those who have served a prison sentence, after they served it, they have been welcomed as heroes in their local communities which creates an atmosphere of division, denial and glorification. The genocide in Srebrenica is one of the most serious war crimes committed in the 20th century and the spread of culture of remembrance and memorialization is the task of institutions, the survivors associations and future generations.

“Thirty years after the genocide in Srebrenica, the pain and struggle of the survivors have not stopped. Although international justice has made significant steps, many responsible are still avoiding facing the judicial institutions, while the survivors are waiting for the truth and recognition. As a society, we must not allow denial and impunity to become the norm. TRIAL International remains committed to fighting for justice, supporting survivors and preserving the culture of remembrance — because only the truth can be the foundation of lasting peace and dignity”, said the Head of Program at TRIAL International Office in BiH, Klaudia Kuljuh.

Kada Hotić, the vice-president of the Association of the Movement of Mothers of the Srebrenica and Žepa enclaves and a survivor of the genocide in Srebrenica pointed out that there is still a need for finding mass graves.

“There are fewer and fewer people who know about the tombs, some are still silent, and those who are committed genocide, they deny it. They should stop denying and accept the truth. The truth is the cure for everything. The commemoration serves to remember the murdered, to remember the suffering, to return to normal life”, said the mother of Srebrenica Kada, while sending a message to young people that this should be a lesson for them to never allow themselves to be divided.

Nura Begović, the president of the Association of Women of Srebrenica from Tuzla and survivor of the genocide in Srebrenica said that she feels sadness and pain before the commemoration of the 30th anniversary of the genocide in Srebrenica.

“What hurts us the most is that 150 bodies have been identified, but the families are not accepting their exhumation due to the small number of remains. We have sent an appeal to the families, it would be good if they accepted it so that those bones can be found. I found one bone from my brother and it means a lot to me, but now the re-exhumations are also happening. We will not let them be forgotten, we demand that all the missing be found and identified, and those who have not given blood samples for their loved ones, it would be good if they did so,” said Nura, adding that there are many mothers who have not waited to find their sons to bury them.

As Nura stated, verdicts for genocide denial are being delayed, and a lot also depends on politicians who create an atmosphere of unrest. However, she said that the law that punishes genocide denial exists and that this is progress. Saliha Đuderija from the Institute for Missing Persons states that in Bosnia and Herzegovina after the war, they are still actively searching for more than 7,000 people, but almost 80 percent of the total number have been found missing so far, which is a unique case in the world.

“The Missing Persons Institute of Bosnia and Herzegovina is working intensively to find all the missing persons in our country, despite the difficult circumstances in which it operates and the fact that it is increasingly difficult to obtain accurate and relevant information about the locations of the remains of victims. So far, the remains of more than 25,500 victims have been found, exhumed, identified and handed over to their families. Families of missing persons play a very important role in the process of searching for missing persons, which is actually the backbone and which does not allow this process to slow down and which is actually a motivation at all times for all of us who are involved in the process of searching for missing persons,” said Đuderija.
In 2021, the TRIAL International Office in BiH signed a memorandum with the Srebrenica Memorial Center with the common goal of improving the process of transitional justice.

As stated by the spokeswoman of MC Srebrenica, Almasa Salihović, the culture of remembrance of the genocide in Srebrenica is based on “facts and testimonies of survivors and it is crucial for the preservation of the historical truth about the genocide in Srebrenica and for construction of a society that faces the past and does not run away from it”.
Explaining the legacy and future of MC Srebrenica’s work, Salihović pointed out that the center of their work are the survivors, their stories, suffering and strength to bear witness and persevere.

“The Srebrenica Memorial Center as an institution will remain committed to its mission, to preserve the memory of the murdered victims, to educate the youth and to be a space where commemoration and learning meet with hope for a more just future. In a time of genocide denial and revisionism, our response must be clear and decisive, and that is that the truth must not and will not be forgotten,” said Salihović.

Hasan Nuhanović, author of several autobiographical books and a survivor of the Srebrenica genocide, states that even 30 years after July 1995, “the pain and memories do not subside or fade.”

“When it comes to criminal justice, which is the core mission of Trial International, survivors are aware that a significant number of individuals responsible for genocide, crimes against humanity and other war crimes have been prosecuted, that the judicially established truth has been recorded and can never be disputed. Survivors participate in the process of achieving criminal justice both as those whose voices warn that this process must continue, and as witnesses in criminal prosecutions. This is a heavy burden that survivors have been carrying for three decades,” said Nuhanović, who believes that despite historical revisionism, glorifying convicted war criminals, survivors do not lose hope that new generations in the country and the region will grow up in an environment that respects the dignity of victims.

Today, the Swiss Commerce register announced that it had given 30 days to the Gaza Humanitarian Foundation’s Swiss branch (GHF) to comply with legal requirements for foundations based in Switzerland. If it fails to do so within the prescribed period, the matter will be referred to the court or to the Federal Supervisory Authority (ASF), which will take the necessary measures. This could lead to the liquidation of the foundation in Switzerland.

That is, however, not enough.

The GHF’s aid distribution model in Gaza—marked by militarization and privatization—has, over the past three weeks, proven deadly and disastrous. It has, according to the UN, repeatedly resulted in civilian deaths and furthered displacement of famine-stricken Gazans, raising serious concerns about international law violations. As stated in a recent open letter signed by 15 human rights organizations, all individuals and entities involved in the GHF’s operations are potentially liable for complicity in war crimes and crimes against humanity.

Switzerland, as a depositary state of the Geneva Conventions, has an obligation to ensure respect for international humanitarian law (IHL), particularly by entities based on its territory.

The Federal Department for Foreign Affairs (FDFA) has yet to comment on the compliance of the GHF with the Federal Act on Private Security Services Provided Abroad (PSSA).

We urge Swiss authorities to publicly disclose whether or not the GHF has conducted some of its activities from Switzerland, in an effort to promote transparency, especially when potential serious violations of international law are at stake.

As a reminder, TRIAL international had filed two submissions to the ASF and the FDFA respectively, in order to monitor, on one hand, the compliance of the GHF’s activities with its own statutes and the Swiss legal system, and on the other hand, with the Federal Act on Private Security Services Provided Abroad (PSSA).

 

 

 

 

We, the undersigned human rights and legal organizations, are extremely concerned with the recent replacement of impartial United Nations (“UN”) agencies and well-established humanitarian organizations with the newly-created Gaza Humanitarian Foundation (“GHF”), which is working in collaboration with the Israel government and U.S. private military and security companies (“PMSC”) in the famine-struck occupied Gaza Strip. This new model of privatized, militarized aid distribution constitutes a radical and dangerous shift away from established international humanitarian relief operations,^[1] and, as we have seen during the three weeks of GHF’s operations in Gaza, one that is dehumanizing, repeatedly deadly and contributes to the forced displacement of the very population it purports to help.

We call on GHF and all organizations and individuals who have furthered or are furthering the work of GHF,^[2] and the private military contractors at the distribution hubs including Safe Reach Solutions (“SRS”) and UG Solutions, to cease their operations.^[3] Failure to do so may expose these organizations and their officers, representatives, and agents to further risk of criminal and civil liability for aiding and abetting or otherwise being complicit in crimes under international law, including war crimes, crimes against humanity, or genocide in violation of international law, U.S. law and other relevant national laws under the principle of universal jurisdiction.^[4] We further urge these private entities to instead press for, and actively support the immediate restoration of aid delivery through the UN, including the UN Relief and Works Agency (“UNRWA”), well-established international humanitarian groups, and Palestinian aid organizations.

 

After Israeli authorities barred aid deliveries by UNRWA and other established humanitarian actors to an estimated 2.1 million starving Palestinians in Gaza, they—apparently with US backing—promoted the creation of GHF as a vehicle to supplant the UN-led humanitarian assistance architecture that has operated in the territory for more than seven decades.[5] GHF’s approach of deploying armed contractors from SRS and UG Solutions to provide logistics and security for its privatized aid delivery system has been referred to by the UN as a “militarized distribution mechanism of food supplies.”^[6] To maximize profit, these PMSCs hurriedly recruited highly paid contractors—many of whom were neither properly vetted nor adequately trained—for immediate deployment to Gaza,^[7] a process facilitated by Israel even as it continues to block UN aid and staff. Under this scheme, Palestinians must now somehow travel to one of just four “distribution hubs,” whereas UNRWA and other agencies previously delivered assistance through approximately 400 points across Gaza—and upon arrival at the cramped, fenced site are required to undergo identity screening before receiving food rations. Earlier GHF plans revealed an intent to house tens of thousands of Palestinians in guarded compounds,^[8] which accords with Israel’s plan to allow an insufficient amount of food into the Gaza Strip in order to facilitate the continuation of the overall military plan in Gaza.^[9] The use of lethal force against Palestinians seeking aid—whether by the Israeli military or the contractors—has also become a regular occurrence, leading some to describe GHF distribution sites as “death traps.”^[10] In the three weeks since GHF began operations, hundreds of Palestinians have been killed and thousands injured while seeking food at GHF sites.

 

GHF’s militarized model, coupled with its close collaboration with Israeli authorities, undermines the core humanitarian principles of humanity, neutrality, impartiality, and independence. As Médecins Sans Frontières (“MSF”) said so succinctly, “Humanitarian aid is being weaponised.”^[11] This opaque, for-profit model also lacks transparency and accountability. GHF’s operational plans, funding streams, and decision-making structures remain undisclosed, with little or no independent humanitarian oversight. Consequently, the initiative falls short of the transparency, impartiality, and accountability standards that govern humanitarian assistance under international law.

 

GHF’s operations, and those of the PMSCs working with it, may amount to or facilitate grave violations of international humanitarian, human rights and criminal law. By obliging starving, exhausted Palestinians to walk long distances through militarized zones, or by effectively forcing them to relocate in order to obtain food and aid under a system overseen by Israeli forces and U.S. private military contractors, the scheme creates an immediate risk of forced displacement that may violate the prohibition on forcible displacement of civilians. By instrumentalizing humanitarian aid for political or military ends, the scheme risks rendering its participants complicit in collective punishment, the starvation of civilians, and other acts prohibited under customary international law, the Geneva Conventions, the Rome Statute of the International Criminal Court, and the Genocide Convention.

 

Individuals and corporate entities involved in the planning, financing, or execution of the GHF scheme may incur criminal liability—including under universal jurisdiction statutes—for aiding and abetting war crimes such as the forcible displacement of civilians, starvation as a method of warfare, and denial of humanitarian access.[12] We urge all parties involved—State actors, corporate entities, donors and individuals—to immediately suspend any action or support that facilitates the forcible displacement of civilians, contributes to starvation or other grave breaches of international law, or undermines the core principles of international humanitarian law. We call on the international community, civil society and humanitarian professionals to reject any model that outsources life-saving aid to private, politically-affiliated actors and to press for the urgent restoration of independent, rights-based humanitarian access for all civilians in Gaza, together with the immediate opening of Gaza and a comprehensive ceasefire.

 

Al Haq

Al Mezan Center for Human Rights

Australian Centre for International Justice

Center for Constitutional Rights

Center for Justice and Accountability

Centre for Applied Legal Studies

European Center for Constitutional and Human Rights

Global Legal Action Network

Guernica 37 Chambers

International Commission of Jurists

International Federation for Human Rights

Medico International

TRIAL International

Palestinian Center for Human Rights

Women’s Initiatives for Gender Justice

 

[1] It is also a departure from recognized principles of international cooperation pursuant to article 1(3) of the UN Charter.

[2] The Boston Consulting Group (“BCG”) played an important role in GHF’s creation.

[3] See, e.g., Malaika Kanaaneh Tapper, US contractor hires obscure Gaza group for aid rollout after local snubs, Financial Times (May 28, 2025), https://www.ft.com/content/9dbbf0cb-cc29-4eba-aa9b-2c7c9dcf46e8; See Gerry Shih, et al., Sweeping overhaul of Gaza aid raises questions of morality and workability, Washington Post (May 24, 2025), https://www.washingtonpost.com/world/2025/05/24/gaza-humanitarian-foundation-ghf-aid/.

[4] Each crime is prohibited under treaty law and customary international law, and provides for universal jurisdiction. See Genocide: Convention on the Prevention and Punishment of the Crime of Genocide, Dec. 9, 1948, S. Exec. Doc. O, 81-1 (1949), 78 U.N.T.S. 277 and under Article 6 of the Rome Statute of the International Criminal Court (“ICC”), UN Doc. A/CONF.183/9, July 17, 1998, 2187 U.N.T.S. 38544, art. 6 (“ICC Statute”); war crimes: 1949 Geneva Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, 6 U.S.T. 3516, 75 U.N.T.S. 287, art. 147; ICC Statute, art. 8; see also UN General Assembly, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984,1465 U.N.T.S.  85. Crimes against humanity are prohibited under customary international law and under the ICC Statute (Article 7). Genocide, war crimes, and torture are further proscribed, for example, under U.S. criminal statutes. See 18 U.S.C. §§ 1091, 2441 and 2340-2340A.

[5] See, e.g., Tom Bateman, Searching for answers about US-backed aid agency in Gaza, BBC (June 14, 2025), https://www.bbc.com/news/articles/c74ne108e4vo; Katherine Wilkens, Is Humanitarian Aid Becoming a Tool to Advance the “Trump Plan” in Gaza?, Emissary, Carnegie Endowment for International Peace, June 12, 2025), https://carnegieendowment.org/emissary/2025/06/gaza-ghf-humanitarian-aid-trump-plan?lang=en.

[6] UN Off. for the Coordination of Humanitarian Affs. (“OCHA”), Humanitarian Situation Update #294/Gaza Strip, (5 June 2025), https://www.ochaopt.org/content/humanitarian-situation-update-294-gaza-strip.

[7] Exclusive: American Security Contractor Unloads on US-Israeli ‘Gaza Humanitarian Foundation,’ Zeteo (June 11, 2025), https://zeteo.com/p/exclusive-american-security-contractor.

[8] See Shih, et al., Sweeping overhaul of Gaza aid raises questions of morality and workability, supra n.3.

[9] Noa Shpigel, ‘We’re Destroying Gaza’: Netanyahu, Smotrich Rush to Soothe Right’s Fears Over Aid Renewal, Haaretz (May 19, 2025), https://www.haaretz.com/israel-news/2025-05-19/ty-article/.premium/were-destroying-gaza-netanyahu-smotrich-rush-to-soothe-fears-over-aid-renewal/00000196-e7b4-d93f-a3b6-fff77c780000.

[10] UNRWA, UNRWA Commissioner-General on Gaza: aid distribution has become a death trap, (1 June 2025), https://www.unrwa.org/newsroom/official-statements/unrwa-commissioner-general-gaza-aid-distribution-has-become-death-trap.

[11] Open Letter, “You must act now”: open letter to European leaders on Gaza, MSF, (June 16, 2025), https://www.msf.org/open-letter-european-leaders.

[12] See Center for Constitutional Rights letter to GHF Re: Risk of Legal Liability for Complicity in Serious International Law Violations, 10 June 2025, at https://ccrjustice.org/sites/default/files/attach/2025/06/6_10_2025_Letter%20and%20Exhibits%20to%20GHF.pdf.

For more than ten years, we have been accompanying victims of international crimes in the eastern Democratic Republic of Congo, supporting their access to justice and their participation in legal proceedings. Today, we are once again sounding the alarm. Since the mass escapes from prisons in North and South Kivu last February, victims and human rights defenders have been facing a wave of reprisals.

Several escapees, convicted or prosecuted for international crimes, quickly joined armed groups, notably the M23 and Wazalendo militias, and are actively participating in the clashes. We denounce the murders, death threats, torture, rapes and extortion committed against those who contributed to their indictment or conviction.

Alongside our Congolese partners, we have already assisted over 150 people. But the needs remain immense. The protection mechanisms that existed before the crisis are no longer operational.

The United Nations and its member states have made significant efforts to support the fight against impunity in the DRC, by facilitating victims’ access to justice. However, warns the NGO, this justice cannot exist without real and lasting protection for those who contribute to it.

“MONUSCO, the Fact-Finding Mission, and the UN Human Rights Council must urgently step up targeted protection measures for victims and defenders who have contributed to judicial proceedings, in close coordination with actors on the ground”, stresses Daniele Perissi, TRIAL International’s Head of DRC Program.

We urge the Congolese authorities and international partners to identify, prosecute and punish the perpetrators of these threats and violence.

UpRights, in collaboration with TRIAL International in the framework of the “Global Initiative Against Impunity : Making Justice Work” and with the support of the Congolese Conseil supérieur de la magistrature, has published a comprehensive report on the fight against impunity for international crimes in the Democratic Republic of the Congo (DRC). This release comes at a critical moment, as the country faces a convergence of security, political and judicial challenges, with the escalating conflict in eastern DRC and massive human rights abuses committed by the M23 armed group and other parties to the conflict. The report provides a timely reminder that, despite significant challenges, the Congolese justice system has the capacity to effectively combat impunity for international crimes and that various institutional solutions may be deployed to strengthen the system and preserve its progress.

The report highlights the remarkable, yet fragile, progress made by the Congolese judicial system over the past two decades in prosecuting international crimes. Since 2004, Congolese military and civilian courts have issued more than 130 judgments on international crimes, a record rarely matched by national jurisdictions worldwide in such challenging conditions. Legal reasoning and judicial expertise have improved, and some cases have involved high-ranking officials. These advances stem from a unique accountability model centered on a strong legal framework, a national policy to make combatting impunity a priority and provincial prosecutorial strategies, and crucial support by international actors and civil society which have played a key role in documenting crimes, strengthening judicial capacities, and supporting victims.

However, the Congolese justice system faces deep structural challenges as most past and current crimes continue to go unpunished and the highest levels of political and military leadership largely remain shielded from responsibility. The continued dominance of military courts over civilian jurisdictions, the death penalty, and the chronic failure to enforce reparations for victims undermine the credibility and effectiveness of prosecutions. Political interference, corruption, and severe underfunding further weaken judicial independence, while international support, though essential, remains fragmented and lacks strategic coordination, especially as the UN peacekeeping mission withdraws from the country.

To address these issues, the report provides concrete recommendations, including the abolition of the death penalty, stronger guarantees for judicial independence and the enforcement of judicial reparations. The report recommends a more active strategy for complementarity on the part of the International Criminal Court. It also recommends the establishment of an enhanced international support mechanism to provide strategic, technical, and financial assistance to the Congolese jurisdictions, as well as to new judicial institutions that might be established by the Congolese government to address past and future international crimes.

The future of justice in the DRC depends on urgent national and international action. The continued fight against impunity requires a strong commitment from Congolese authorities as well as lasting international support adapted to the evolving political and security landscape. As violence surges in the East of the country, the Congolese government and the international community must seize this opportunity to invest in a justice system that delivers for victims and promotes lasting stability.

 

Donat Kwenga Omari, former FARDC soldier, will be tried from October 25, 2024, by the Bukavu Garrison Military Court for crimes against humanity committed when he led a coalition of Raia Mutomboki armed groups known as the “Forces Populaires de Paix”. The trial aims to establish Donat’s role in the crimes committed by this coalition and will enable over 350 victims to make their voices heard and gain access to justice.

Donat is accused, among other things, of crimes of rape, sexual slavery, murder, torture, deprivation of liberty, looting and destruction of property, committed in the territories of Shabunda and Kalehe, in South Kivu, in the east of the Democratic Republic of Congo (DRC) between 2016 and 2021.

A former major in the national army, Donat deserted to create his own armed group in 2012, then became the leader a coalition of Raia Mutomboki (RM) armed groups called “Forces Populaires de Paix”. In recent years, other RM leaders who gravitated around him have been sentenced by the Congolese justice system, including Kokodikoko in 2019, Hamakombo in 2020, and Bralima and Ndarumanga in 2023. This trial reflects the government’s ongoing commitment to eradicating these armed groups and could represent a major step towards punishing militias that have been operating in South Kivu province for over ten years.

“Donat was the mastermind behind the coalition of a number of RM militias active in the province,” explains Daniele Perissi, head of TRIAL International’s DRC Program, ”we hope that this trial will establish the truth about the role he played in the commission of widespread crimes against more than 350 victims, including many minors.”

Raia Mutomboki militias, or “angry citizens” in Swahili, are local self-defense movements that have structured themselves into armed groups and operated in the province of South Kivu. These groups began to develop in 2011 in response to attacks on the population by the Rwandan militia FDLR (Forces démocratiques pour la libération du Rwanda), facilitated by a security vacuum. They then expanded and assumed control of certain portions of the province’s territory, launching attacks against the civilian population.

The trial opened on Friday, October 25, 2024 before the Bukavu Garrison Military Court, which deployed a mobile court on the Miti axis to give victims and witnesses easier access to the trial. The tribunal will then continue its hearings in Walungu, and its verdict is expected in the first half of November.

TRIAL International supported the Congolese NGOs that provided awareness-raising and accompaniment to the victims so that they could participate in the trial and coordinated the work of the lawyers’ collective representing the victims throughout the legal proceedings.

TRIAL International’s work on this case is carried out within the framework of the South Kivu International Criminal Justice Task Force, an informal network of international actors who collaborate to support the work of Congolese courts in investigating and prosecuting mass crimes in the DRC.

The “Global Initiative Against Impunity for International Crimes and Serious Human Rights Violations: Making Justice Work” Programme, is launching a Call for Proposals aiming to support local actors globally. The deadline for submission of application forms is 17 August 2024.

Impunity is the most significant obstacle to justice and reparation for victims and survivors of human rights violations and core international crimes. Often, only a small number of perpetrators are held accountable. When impunity is pervasive, it has profound consequences for societies, especially for those with authoritarian governments, experiencing conflict, and economic oppression. Impunity fuels inequality, disproportionately affecting the most vulnerable and undermining trust in political institutions. Following violent conflict, it diminishes the chances of meaningful and peaceful change. Impunity also has a detrimental effect on victim participation, as it allows perpetrators to impose their narrative, undermining the right of victims to be recognised as such and to have their voices heard. This is why strengthening victims and survivors’ ability to fight impunity through both formal and informal transitional justice processes is crucial. While fighting against impunity can feel like an impossible task, the determination of  survivors and civil society to make justice work has proven that by uniting forces, the tides can be turned against impunity.

 

Progress in the fight against impunity

In the last decades, significant efforts have been made to confront the rise of impunity in response to human rights, humanitarian law, and international criminal law violations. International and hybrid tribunals, special courts established at the national level, and ordinary national courts have been used to prosecute and punish perpetrators.

The arrest in London in 1998 of August Pinochet, who presided over a reign of terror in Chile, in which 40,000 people were tortured and 3,000 murdered or disappeared, marked a pivotal moment in international justice, igniting a quest for global justice. Similarly, the trial before the International Criminal Tribunal for the Former Yugoslavia of Ratko Mladić, the architect behind the Srebrenica massacre, who had evaded capture for 16 years, signalled that perpetrators of atrocities would not escape justice.

Investigations, trials and convictions targeting former and current Heads of States have helped reinforce the notion that leaders are not above the law when it comes to the most egregious international crimes, for instance, with the convictions of Efraín Ríos Montt, Guatemala’s former leader, and Hissène Habré, Chad’s former dictator. Some of these prosecutions have been possible after amnesty laws were repealed, for example, in Argentina, allowing the prosecution and sentencing of around 1,000 members of the military and police for human rights abuses during the military dictatorship.

Beyond Heads of State, international justice mechanisms have been able to provide a measure of accountability and redress in other cases. In addition to the creation of the International Criminal Court (ICC) in 2002, the resurgence of universal jurisdiction and the application of extraterritorial jurisdiction have created new momentum to bring cases of international crimes committed abroad before national courts, including to hold economic actors accountable for facilitating and enabling international crimes. The latest Universal Jurisdiction Annual Review shows that the number of such prosecutions continues to grow.

Progress has also been made with transitional justice mechanisms such as Colombia’s Special Jurisdiction for Peace, which has sought to adopt a victim-centred approach that incorporates restorative and reparative measures in order to realise the right to justice and the recognition of individual responsibility.

 

The role of survivors and civil society

Survivors have played a fundamental part in these advancements, fighting relentlessly to bring perpetrators to justice, in some cases for decades. One example is the case brought by 36 Maya Achi women in Guatemala against former paramilitaries for sexual violence during the internal armed conflict. The case was originally dismissed in 2011 and victims denounced that they had been subjected to racism during the proceedings. However thanks to their perseverance, a new judge convicted five perpetrators in 2022 for crimes against humanity and confirmed that sexual violence was used as a weapon of war.

Syrian victims and their families have also been instrumental in the process to seek justice for thousands of people forcibly disappeared during the conflict. In 2021, organisations of victims and their families created the Truth and Justice Charter, which reflected their common vision on how to advance victims’ rights, justice and truth in Syria. In 2023, their advocacy efforts resulted in a groundbreaking UN resolution to establish a new international institution to determine the fate of more than 100,000 missing in Syria.

Fadwa Mahmoud, founding member of the Truth and Justice Charter and Families for Freedom Syria, explains:

“Justice is holding tyrants accountable, in my country and everywhere else in the world, to be an example for future generations. Justice for people that went out to demand freedom, is to have the right to stay in their home country, if they wish. Justice is listening, that the world listens to survivors and families of detainees, and forcibly disappeared people, and respecting their wishes despite their diversity.”

Civil society has also been at the forefront of international justice, from tracking perpetrators and filing complaints before courts around the world, to supporting victims and survivors’ efforts. Without the advocacy and mobilisation power of civil society organisations, the ICC would not exist. At present, the ICC investigates crimes in 17 countries, ranging from war crimes in the context of Russia’s full-scale invasion of Ukraine, to war crimes and crimes against humanity in the situation in the State of Palestine.

 

Entrenched challenges of confronting impunity

Despite this progress, many challenges remain. Impunity has been facilitated by the erosion of national and international  accountability mechanisms, the targeting or criminalisation of justice actors and human rights defenders as well as weak political will and inadequate laws. Not enough efforts have focused on enabling the meaningful participation of survivors, and in understanding and tackling the root causes of impunity, necessary to challenge the political, social and economic structures that oppress those who are central to making change happen.

These challenges have been coupled in recent years by a global context of diminishing civic space for victims and human rights defenders, and the increasing risks they face.

The change of government in Sri Lanka led to a setback in the investigation into violations committed during the conflict. In Myanmar, while the targeting, killing of thousands, and mass displacement of over 700,000 Rohingya are known to the International Court of Justice and has been condemned by the independent international fact-finding mission on the country, no effort has been made to investigate or prosecute the perpetrators.

The lack of political will has also been exemplified, for instance, by the resistance of major military powers such as China, the United States and the Russian Federation, to ratify the Rome Statute. Furthermore, the double-standards practised by some western States are evident when it comes to bringing their own nationals to justice, as shown by the US initial efforts to derail the ICC investigation into the possible commission of war crimes by US forces in Afghanistan.

The lack of accountability perpetuates a culture of impunity and violence, as is the case of Sudan, which has been engulfed in a cycle of bloody armed conflicts for the past 20 years, the current one pitting two warring parties responsible for past atrocities for which they were never held accountable.

Sara Mekki, the daughter of prominent human rights defender Dr. Amin Mekki Medani, who was tortured in Sudan in 2014 as part of the government’s crackdown on dissenters, explains:

“ a disease that only allows the perpetrators to commit more crimes and human rights violations without facing any consequences, leaving the victims more vulnerable and more broken. The only way to guarantee justice is if the international community works hard to end impunity, especially nowadays where international law is not respected and challenged daily”.

 

Civil society stands up against impunity

To address this rising climate of impunity, nine civil society organisations and two associate partners have joined forces to lead the “Global Initiative Against Impunity for International Crimes and Serious Human Rights Violations: Making Justice Work”.

Each of the organisations, in collaboration with their vast networks of regional and national partners around the world, will contribute their expertise in promoting justice and accountability for serious human rights violations, including torture, enforced disappearance, and other core international crimes, such as genocide, crimes against humanity, war crimes, and the crime of aggression.

This strategic partnership comprises the following consortium members: Civil Rights Defenders, the Coalition for the International Criminal Court, the European Center for Constitutional and Human Rights, Impunity Watch, the International Federation for Human Rights, Parliamentarians for Global Action, REDRESS, TRIAL International, and Women’s Initiatives for Gender Justice. They are supported by two associate partners:  the Auschwitz Institute for the Prevention of Genocide and Mass Atrocities and the International Commission of Jurists.

The four-year Initiative, co-funded by the European Union, will have a special focus in 2024 on 27 countries in Africa, the Americas, Asia, Europe, and the Middle East, but it will also seek to improve the rule of law, accountability standards, and atrocity prevention in other countries of these regions.

Confronting impunity is no mean feat. Perpetrators do not relinquish power easily, and efforts to hold them accountable are often met with resistance. But civil society can drive meaningful change through coordinated, strategic, and survivor-centred action.

To this end, the Global Initiative against Impunity has developed a comprehensive approach that seeks to secure far-reaching justice and accountability for survivors and victims by working on two main fronts:

– Enhancing victims’ and civil society’s agency and participation in shaping inclusive justice and accountability processes, as their exclusion undermines prospects for achieving meaningful justice and sustainable change.

– Strengthening the effectiveness of the accountability frameworks and systems to fight impunity through dialogue, advocacy and awareness raising between justice providers and duty-bearers with survivors and civil society organisations.

All actions will be guided by a survivor-centred approach and will promote a trauma-informed and gender-responsive strategy where victims engage as actors and advocates. This approach is rooted in a broad understanding of impunity, its root causes and the systemic drivers that enable it.

Survivor participation in justice processes is not only an opportunity for trauma healing and individual empowerment, it is also essential to combating the egregious rise of impunity. Placing survivors at the centre of justice and accountability efforts will ensure that the mechanisms in place are meaningful and can achieve long-term, sustainable change. The consortium will also foster coordination, and knowledge and experience sharing with other initiatives and key actors involved in the global fight against impunity.

The threat of impunity is too great to tackle alone, but through collaboration, the Global Initiative Against Impunity aims to help make justice work for those who need it most.

If you would like to become involved or know about this initiative, please contact us on makingjusticework@fidh.org

The policy brief entitled “Victims’ and Survivors’ Rights in a Convention on the Prevention and Punishment of Crimes against Humanity”, published by REDRESS, the International Federation for Human Rights (FIDH), Global Survivors Fund (GSF) and TRIAL International, voices support for a prospective Convention on Crimes against Humanity and makes recommendations to States on reflecting progressive provisions on victims’ and survivors’ rights.

Among others, the policy brief recommends that, in a prospective Convention on Crimes against Humanity, states should acknowledge the important role victims and survivors play in the fight against those crimes and should adopt the most progressive standards of victims’ and survivors’ rights.

Read the full policy brief here.

The fight against impunity does not require the use of the death penalty.

TRIAL International expresses its deep concern over the decision to lift the moratorium on the execution of the death penalty in the DRC. Developments in international law and state practice demonstrate that capital punishment is incompatible with the fundamental principles of human rights. The Congolese government’s recent decision runs counter to its own commitments to justice reform, and is a violation of the DRC constitution.

Since 2003, the execution of the death penalty has been subject to a moratorium in the Democratic Republic of Congo. In recent years, parliament had debated several bills aimed at its abolition. In 2017, as part of its new National Justice Reform Policy, the Congolese government had pledged to guarantee justice based on respect for human dignity, with particular attention to the theme of abolishing the death penalty.

But at the beginning of this year, the Congolese authorities decided to go against their commitments by adopting the reinstatement of the death penalty.

On March 13, 2024, the Minister of Justice notified the judicial authorities of the resumption of executions for final judicial sentences for a long series of offenses committed “in times of war, under a state of siege or emergency, on the occasion of a police operation aimed at maintaining or restoring public order, or during any other exceptional circumstance…”

TRIAL International regrets this decision because it considers that capital punishment has no place in the 21st century.

All human rights experts at the United Nations and regional human rights mechanisms – notably the African Union – have affirmed that the death penalty is incompatible with the right to human dignity, the right to life and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. Several constitutional courts, such as that of South Africa, have ruled that the death penalty is not in itself compatible with protection against ill-treatment because of the severe physical and psychological suffering and pain inflicted on a person sentenced to death. These rights are solemnly guaranteed by the Congolese Constitution of 2006, which raises questions about the constitutionality of the recent decision.

The Congolese government seems to justify the application of the death penalty by the need to combat “treason” within the army and the intensification of urban banditry, but studies carried out in various countries around the world have not proved that capital punishment has a deterrent effect on crime.

What’s more, the irreversible nature of this measure is particularly worrying in a country where the justice system is dysfunctional, as the President of the Republic himself complained earlier this year.

As a partner of the Congolese government in its efforts to combat impunity for serious human rights violations, TRIAL International calls on the Congolese authorities to reverse their decision, restore the moratorium on the death penalty pending its definitive abolition, build an effective prison system, and work towards in-depth reform of the justice sector in order to consolidate a rule of law that protects fundamental freedoms. Because modern development in the fight against impunity goes hand in hand with the rejection of the death penalty and accessible, fair justice based on human dignity.