Pete Muller

In the lush hills of eastern Congo, a brutal war rages against women. As rival militias fight for control of territory and resources, militiamen regard women as just one more battlefield prize for them to try to dominate and abuse. The result is that thousands of women are raped each year in eastern Congo, with more than 8,300 reported cases in 2009 alone. Since the 1990s, rape has been legally recognized as a powerful weapon of war, terror, and destruction. These crimes, often committed with impunity, have impacted the lives of hundreds of thousands of women, their families, and their communities.

Since 2010, ranking officials in the Congolese military and government have resolved to intervene in this horrific practice. With support from international organizations, the Congolese military has established and utilized mobile tribunals (both civilian and military) which travel to remote locations to administer justice in areas where lawyers and courts are largely nonexistent. The tribunals, made up of Congolese judges, prosecutors, defense counsel, and civil party attorneys, are capable of operating wherever crimes occur. The presence of women lawyers, judges, and security has been particularly important for female plaintiffs and witnesses.

In February 2011, one such military tribunal tried and convicted Lt. Col. Mutware Daniel Kibibi, the most senior Congolese military officer to ever face charges of rape and crimes against humanity. Lt. Col. Kibibi was accused of orchestrating the systematic rape of more than 60 women and the looting of dozens of homes in the mountaintop village of Fizi on New Year’s Day 2011. After 10 days of agonizing testimony and heated argument, the military judges sentenced Lt. Col. Kibibi and eight of his men to 10, 15, and 20 years imprisonment. Thousands of residents who gathered to observe the trial erupted in cheers as the sentences were handed down. “You thought you would get away with it,” they shouted, as the men were led away. “Now you will pay.”

It was a landmark case in Congo, a clear and decisive message to the roving militias and military units that continue to rape and pillage with regularity. “We believe that we have made our position clear with these convictions,” said Freddy Mukendi, the president of the military court. “These types of criminal acts will no longer go unpunished.” Lt. Col. Kibibi’s senior rank signaled that the tribunals are capable of targeting perpetrators regardless of power and seniority.

The tribunals signify a new era of accountability in Congo’s seemingly endless wars. After decades of impunity, convictions leveled against high-ranking commanders are bound to give pause to the marauding militias whose actions have destroyed so many lives. The tribunals are an initial and important step toward establishing order and upholding the rule of law where it has been absent for decades.

I traveled to eastern Congo to document the courts as a positive development that addresses some of the pain and suffering caused by war. I hope that the images generate discussion on this new and largely underreported effort to reign in the gratuitous violence for which eastern Congo is so notoriously known. These trials demonstrate a clear and genuine commitment by the Congolese themselves to curtailing the lawlessness and violence that have defined the eastern part of the country for decades. I believe that, while these trials are new and limited, they are a vital step in restoring faith in the rule of law. 

—Pete Muller, November 2011