From statocide, we have reached today the condition of genocide of the Congolese Civil populations. Why should one wonder if we consider the whole extent and the true range of the "statocide" crime ?
Whereas agression is, as stated by the 3314(XXIX) Resolution of the UN General Assembly adopted on december 1974, " the use of armed forces by one State against another State's sovereignty, territorial integrity or political independence, or by any other means not compatible with the United Nations Charter ", statocide goes further than that. This is a clear or extreme form of aggression.
Going beyond any State's attributes, "statocide " is taking it out on the State's foundations, its very existence as well as its constitutive elements like public powers (sovereignty, independence), territory and population.
" Statocide" radically undetermines the fundamental right of any state to exist. It can be compared to attacks on human life for human beings. As a form of material crime, " Statocide" could and can only trigger all the other crimes : crime against peace, war crime, crimes against humanity and genocide.
The multiplication of massacres, rapes, deportation of Congolese populations in Rwanda, cannot be accounted for otherwise.
The prevention of a hypothetical form of genocide stands out as an excuse to commit a true one with the silence and indifference of the International Community.
How many more victims do we need to move the International Community ? How much time should we wait again so that the " cry of DRC can be finally heard " and the tears of its sons and daughters dried ?
This Rwandan agression which has been coupled with serious Human Rights Violations, has been characterized in the East of the DRC by massacres, murders, assassinations and other atrocities, witch cruelty, similarity and efficiency of methods and techniques used have finally made impartial observers of the International scene aware of the premeditated and planned aspect of those actions as well as the intended purpose of the approach.
The International Law allows the worthy pursuit and trial of the leaders of Rwanda on the basis of the presence of their regular troops and the genocide being committed on the Congolese Territory. Similarly, the Law allows the pursuit and trial of leaders of rebel forces in alliance with the agressor-State, as well as any other person individually depending on the degree of their involvement in the acts herein denounced.
The UN cannot retract itself from the obligation of setting up an International Penal Court for the DRC without failing to fulfill its mission !
Failure to set up such a Court, the International Community that has long been accused by the Congolese populations for being party to silence and even from an attitude close to "the denial of Justice ", would have its responsibility fully committed !
By Fernandez MURHOLA International Human Rights Law Advocate & Former DRC National Human Rights Commissioner