I reported a few posts ago that the Congolese government was opposed to the option raised made by the mapping report to create an independent tribunal to judge the crimes committed during the war, composed of Congolese and foreign judges but separate from the judicial system.
That is true, but upon further scrutiny, the Congolese government does endorse a second option proposed by the mapping team: Creating special mixed chambers within the Congolese justice system, which could be staffed by foreign and Congolese judges and prosecutors. This is also the option endorsed by much of civil society, as well as the UN Special Rapporteur on the Independence of Judges and Lawyers.
This option has the advantage of helping to build the capacity of the Congolese justice system, respecting the country's sovereignty and being able to function at a much lower cost. Of course, it runs the risk of succumbing the various pressures and flaws that currently encumber the Congolese judiciary. It might also be more difficult to obtain collaboration from states in the region if the courts are domestic in nature and mandate.
Sorry for this misreading.
Sunday, September 5, 2010
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