Revisiting the controversy on the legality of humanitarian intervention: The case of the democratic republic of congo

Abstract

According to Mahmood Mamdani, an International Rescue Committee Report estimates that 3.3 million people have died over the past four and a half years of war in the Democratic Republic of Congo. Yet no significant centre of power or opinion is calling for a "humanitarian intervention" in Congo In his special report on the event in Ituri, (January 2002 - December 2003) presented to the Security Counsel on the 16th July 2004 the General Secretary Of the United Nations Koffi Annan, reported that the situation of human rights in the Ituri district, situated in the Oriental Province of the Democratic Republic of Congo is today one of the most disastrous of the world after it has staid unknown. According to the investigations done by the MONUC and other association of human rights defenders between January 2002 and December 2003, some 8 000 civilians - probably more, in fact - have been victims of murder or the blind use of force. It is impossible for the moment to give an estimation of the number of women who have been raped or put to sexual slavery. More than 600 000 civilians have been forced to run away from their places, Thousands of children aged from 7 to 17 years old have been unwillingly recruited by armed groups. The RIPADHU has reported that since end of May the South Kivu is victim of an unjustified war which has opposed the 10th Military Region to insurgents. This war has left behind it a lot of damage. Systematic pillage, woman and children have been raped, imprisonment in inhuman conditions, houses have been bunt, killing of people One asks then why is it that any intervention is being setting up for the Democratic Republic of Congo is it because what is going on has not reached the level of becoming matter of international concern? The following question being what then is that level? Can there be set in advance some criteria of intervention? The heart of the matter is to try to find out if the humanitarian intervention is legal, if so what is its legal basis, one may ask that if human rights are being reported all over the world who then will intervene where in other world what is the level of human rights violation which warranty the intervention, who has to intervene, or what are the criteria of the intervention? The researcher will particularly focus on the situation of the Democratic Republic of Congo and analyse whether the situation has or has not reached the level required to the setting up of a humanitarian intervention. It is ambitious to pretend to provide answers to the controversial question who has the duty to intervene, when he shall do it, and how is he supposed to intervene though this will be the focus of the study. After an introductory chapter the researcher will analyse in a second chapter the legality and the criteria of a humanitarian intervention, the third chapter will be focused on the particular case of the Democratic Republic of Congo, in the last chapter he will come up with some recommendations and conclude the study.