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On 7/15/2009 10:43:25 AM Lieutenant Colonel Sam Mubangu, Office of Legal Counsel wrote
Military Justice/Operational Law Training For Line Officers of the "Forces Armees de la Republique Democratique du Congo"
From June 15-25 2009 Capt. Joe Silvio and I visited the Province of Sud-Kivu (East DRC) to lead an executive-level seminar on military justice and operational law training. This initiative was part of U.S. Africa Command's Office of the Legal Counsel (OLC) and the Defense Institute of International Legal Studies (DIILS). Our team first traveled to the City of Bukavu where we partnered with a Congolese military lawyer who had been detailed to provide instruction on the DRC military justice system, including the organization and daily operation of the Congolese military justice system as well as a review of the most serious crimes. The Congolese instructor placed a particular emphasis on sex crimes which are still being used in East DRC by some Forces Armees de la Republique Democratique du Congo (FARDC) soldiers and other armed groups as a means of warfare against innocent women and children.
Capt. Joe Silvio and I provided instruction on human rights law and the law of armed conflict (also known as international humanitarian law). We spent a lot of time explaining the basic tenets of these two regimes of law, how they differ, when they apply and what obligations they impose on all parties to a conflict, however characterized. We repeatedly hammered out the paramount duty for all parties to an armed conflict to protect civilians, show respect for human dignity, and prevent unnecessary suffering. Also, we discussed the obligations laid down in the 1949 Geneva Conventions and the 1977 Additional Protocols I and II to the 1949 Geneva Conventions. Finally, we explained the doctrine of command (or superior) responsibility for criminal acts committed by subordinates and illustrated their instruction by citing examples of trials held after all known armed conflicts since World War II.
When our joint American and Congolese military team of instructors traveled to the Luberizi Military Training Center, located approximately 45 km from the City of Uvira, we were hosted by a Pakistani (PAK) battalion (Bn) commander and his staff. The PAK Bn is part of the United Nations Mission in the Congo (known under its French acronym as "MONUC"). PAK officers and enlisted soldiers administer a "train the trainer" program at the Luberizi Center by providing basic military training for former Congolese rebel fighters (commonly known as Mayi Mayi fighters) who had laid down their weapons and expressed the desire to become FARDC soldiers. Upon completion of the training, these Luberizi graduates will, in turn, train their FARDC rebel comrades willing to join the FARDC.
In Bukavu and at the Luberizi Center, the participants asked many questions which resulted in lively discussions of issues. At the conclusion of the seminar, all the participants appeared very pleased with the instruction they received during the seminar and all thought it was a success. However, they most of all appeared extremely happy with the two textbooks that DIILS had prepared and that each participant received as reference materials for use in the performance of official duties.
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