Sunday, March 23, 2014

Rule of law and military justice in the Democratic Republic of Congo

The website of the UN Organization Stabilization Mission in the Democratic Republic of Congo (MONUSCO) has this summary of the situation with respect to improvements in the military justice system.
"There are two main reasons why ROL [Rule of Law] Section is involved in strengthening the capacity of the DRC military justice system, as called for in United Nations Security Council Resolution 1925. 
"First, the military justice system is a vehicle for promoting the rule of law and respect for human rights. It is the main legal tool and accountability mechanism within the FARDC [Armed Forces of DRC] and armed groups for ending the culture of impunity amongst its members. 
"Second, reforming and strengthening the capacity of the military justice system is also an essential tool for post-conflict security sector reform in the DRC. The level of individual and institutional discipline of the FARDC is low. Improving the effectiveness of the DRC military justice system is therefore an essential prerequisite for progress in improving the discipline and operational effectiveness of the FARDC, and consequently its ability to fulfill its constitutionally mandated mission of protecting the DRC and its people, in a manner which is consonant with its obligations under Congolese and international law, including respect for human rights and international humanitarian law."

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