By Mel O’Brien

This week the ICC Pre-Trial Chamber I made the decision to unseal an arrest warrant issued against Bosco Ntaganda. The warrant was originally issued in August 2006, but for reasons including the risk to victims and the possibility that Ntaganda would flee or go into hiding, the warrant remained sealed until 28 April 2008. The arrest warrant covers allegations of enlistement and conscription of children, and the use of children to participate in hostilities, under article 8 (2)(b)(xxvi), or article 8(2)(e)(vii) of the Rome Statute. Both individual and command responsibility are covered as means of criminal responsibility. Ntaganda’s history goes as far back as the Rwandan Patriotic Front, fighting against the Rwandan government during the genocide in 1994. From 2002 to 2006 he was the military chief of the Forces Patriotiques pour la libération du Congo (FPLC), the military wing of the UPC in Ituri. In 2006 he became the military chief of staff of the National Congress for the Defense of the People (CNDP) in North Kivu. Not surprisingly, human rights organisations such as Human Rights Watch have already criticised the arrest warrant for only covering crimes relating to the enlistment, conscription and use of children for participation in hostilities, citing the significant number of gross human rights violations committed by the CNDP, including wilful killing and sexual offences. Even the press release from the Office of the Prosecutor refers to "credible reports of serious crimes committed in the two Kivu provinces- including sexual crimes of unspeakable cruelty". The same criticisms were made of the decision of the OTP to charge Thomas Lubanga with only crimes relating to child soldiers. This decision was defended by Fabricio Guariglia, a senior trial attorney in the OTP, with the reasoning that the OTP is seeking only the charges that they have proof of. While that reasoning is sensible, with the investigative resources at the Court’s disposal, how is it not possible for them to have proof of other crimes committed by these commanders, especially when the OTP itself admits to the commission of other crimes? Perhaps the Court is eager to have its first cases heard and completed to satisfy State Parties as the financial donors. Of course, Ntaganda’s arrest warrant is just that, and there is still time to increase the number of charges against him before he is arrested and brought before the ICC. Given the extent of serious crimes committed by the CNDP, hopefully the OTP will expand their charges against those involved, insuring the goal of the Court is achieved- accountability for the most serious crimes committed by a military commader known as ‘The Terminator’.