Seven Ways Canada Can Help Africa's Great Lakes Region

Canada can help deter future rapes and war crimes in the Congo by bringing past perpetrators to justice.

“Rapes will continue so long as the consequences are negligible.” These are the words of Margot Wallström, the United Nations Special Representative on Sexual Violence in Conflict, in her recent briefing to the UN Security Council about the escalating sexual violence in the war-ravaged and mineral-rich region of eastern Democratic Republic of Congo.

One strong consequence that can deter future rapes and other war crimes is bringing the perpetrators of such acts to justice. Normally, the responsibility to protect citizens from criminal acts rests with individual states. The problem is that the DRC justice system and governance structures are weak and vulnerable to political interference. Although steps are under consideration to strengthen the DRC’s ability to handle war crimes cases, concrete results are limited.

However, a system of international justice is opening up viable options for survivors to hold perpetrators of international crimes accountable. The International Criminal Court (ICC) is at the pinnacle of this system. It is the first permanent and independent criminal tribunal responsible for trying individuals accused of genocide, war crimes and crimes against humanity, and it is already prosecuting some DRC cases. But because the ICC can only handle a small number of cases, national courts of other countries must also step in.

Canada was the first member of the ICC to pass domestic legislation on these crimes after ratifying the ICC treaty in 2000. Last year saw the successful conviction of a Rwandan man in Canada under the Crimes against Humanity and War Crimes Act. A second case is now proceeding against another man accused of similar participation in Rwanda’s genocide.
While Canada’s justice system is capable of handling these cases when there is some connection to Canada, the budget of the federal War Crimes Program has remained frozen at 1998 levels, limiting its capacity to prosecute more than one case at a time. By the government’s own estimates, there are some 2000 suspected war criminals sheltering in Canada and only two have been prosecuted.

Civil lawsuits can open another front in bringing to justice those who carry out abuses on foreign soil, and providing survivors with important forms of compensation and redress. However, Canada’s State Immunity Act (SIA) has been used to shield foreign governments and officials from civil suits. A private member’s bill, C-483, seeks to amend the SIA and allow Canadian survivors to sue those states responsible for torture and other serious atrocities. If passed, C-483 will significantly advance the cause of international justice by giving survivors access to civil remedies and their day in court.

Similarly, the government should make greater efforts to ensure that Canadian companies operating on foreign soil are not contributing to human rights abuses, and help remedy them should they occur. Canadian corporations for whom there are serious allegations of complicity in war crimes and crimes against humanity may be subject to charges under Canada’s war crimes law or to civil damages in provincial courts.

All these options for justice, in the DRC and internationally, should be supported and promoted.