An analysis of the implication of the ICC mandate on the consolidation of democracy in the DRC
Date
2012-08-07
Authors
Mbikavu, Emmanuel Mutombo
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Abstract
In the Democratic Republic of Congo the transition from dictatorship to democracy
took place at the cost of violence that resulted in more than three million civilian
deaths and caused a trail of heinous crimes committed by all sides to the conflict.
Beside the existence of required indicators, the healthy functioning of democracy also
requires the existence of a viable, vibrant opposition to incumbents to hold them
accountable for their omissions and commissions, and also to act as a watchdog to
ensure that the incumbent does not relapse into dictatorial practices. In 1998 the
International Criminal Court (ICC) was created to formally end the persistence of the
culture of impunity for individuals accused of crimes of concern to the international
community. This case study examines the impact of the ICC on democracy in the
DRC from Liberal Institutionalism perspective. I find that the ICC processes as
observed so far, display elements of bias against the opposition and in favor of
incumbent and which impacts negatively on early and fragile political processes as it
offers incumbents with the opportunity to reinvent the crackdown on opposition by
using the court for political goals. The thesis closes by arguing that the ICC processes
inhibit the consolidation of early political processes.
Description
M.A. University of the Witwatersrand, Faculty of Humanities, 2012.