n Institute for Security Studies Monographs - Between rhetoric and action : the politics, processes and practice of the ICC's work in the DRC

Volume 2009, Issue 164
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This monograph attempts to respond to some of the questions raised in respect of the work of the International Criminal Court (ICC) in the Democratic Republic of the Congo (DRC). In this regard, it has three main objectives. First, by focusing on a State Party where the ICC's Office of the Prosecutor is currently conducting investigations, it considers the cooperation relationship between the ICC and the DRC. In this regard, it appears that, irrespective of the lack of legislation implementing the Rome Statute in that country, the DRC continues to cooperate with the ICC in its investigations. In view of erroneous positions taken by some states and commentators that only those countries where crimes have been perpetrated, in particular those in respect of which investigations are ongoing, have immediate obligations in relation to the ICC's work, the monograph seeks to outline and illustrate broader obligations for member states in general. It demonstrates that the work of the ICC in places like the DRC engages the duties of 'non-situation states' in various ways. Second, by examining the practice of the Court since the situation was referred to it, the monograph considers the role of politics - domestic or otherwise - in the work of the ICC. Third, it examines the perceptions around the work of the ICC in various sectors of Congolese society, including government, victims, civil society and the general public. By extension, it addresses some of the questions that the work of the ICC in Africa has raised, including the allegation that the ICC is 'targeting' African countries and that somehow these countries are unwilling participants in the process.

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