Allegations of crimes against civilians in DR Congo are 'extremely serious': ICC prosecutor

The conflict currently plaguing eastern DR Congo began in the 1990s. "There has been cycles of violence for decades in the DRC, and we are trying to put forward a new approach to deal comprehensively, holistically with the impunity gap here," the ICC prosecutor explained.

Around 7,000 people have died since the M23's lightning offensive in late January in eastern DR Congo, according to figures presented on February 24 by Congolese Prime Minister Judith Suminwa Tuluka to the UN Human Rights Council in Geneva.

"It does appear that Rome statute crimes have been and are being committed in the east of the DRC," Khan commented.

Allegations of crimes concern 'not just the M23'

With over 100 armed groups operating across Congolese territory, "it's not just M23" that's concerned by the allegations of crimes, the ICC prosecutor pointed out. "We have allegations against the ADF" (Allied Democratic Forces, a Ugandan armed group founded in 1995), as well as "other armed groups", he noted.

Khan added: "What we have to do is draw the poison from different warlords and different armed groups that are laying siege to the DRC, that are terrorising different civilians in different parts of the country, and make sure they are subjected to accountability".

Rwandan President Paul Kagame is accused by the United Nations and several Western countries of not only supporting the M23 rebels but also deploying thousands of Rwandan soldiers into neighbouring DR Congo.

What leverage does the ICC have against the strongman of Kigali? "I'm not going to reveal what communications I may or may not have had with different leaders," Khan responded, before warning: "What's clear is we have jurisdiction in relation to any crimes committed on the territory of the Democratic Republic of Congo, whether they're committed by the nationals of state parties or non-state parties."

"We make determinations based upon evidence," the ICC prosecutor continued. "And if the evidence shows individuals have committed crimes, we will act."

Standing firm against 'Wild West' situations

Turning to the situation for international justice more broadly, Khan insisted: "People should be on notice that the law has rules and even in conflict, people should not be so bold as to disregard the law."

"Either we're going to go to this Wild West that is not only in the DRC, but in other parts of the world, or we're going to stand firm and say, we are in 2025, we're going to find a way to bring a new life, a new lease of life to the law and its relevance to people. If we think the law is [only] relevant to lawyers, we've lost," Khan asserted. 

In November 2024, the ICC issued arrest warrants for Israeli Prime Minister Binyamin Netanyahu and his former defence Minister Yoav Gallant for alleged war crimes and crimes against humanity committed in the Palestinian enclave of Gaza.

'Trying to do our job despite the inclement weather'

On February 13, the United States imposed sanctions on Khan, following an executive order signed by Donald Trump that accused the ICC of "illegitimate and baseless actions" targeting "America and our close ally Israel".

In March 2023, the ICC also issued an arrest warrant for Russian President Vladimir Putin, holding him responsible for alleged war crimes in Ukraine. Two months later, the ICC prosecutor was placed on Russia's wanted list.

Khan is thus simultaneously targeted by an arrest warrant from Vladimir Putin and sanctions from Donald Trump – a unique situation, he admitted.

The ICC prosecutor concluded: "We are trying to do our job, and we'll keep on trying to endeavour to apply the law despite the inclement weather that we experience at the moment."