Panelist at the work of the Estates General of Justice, Professor Espoir Masamanki, founder of the School of Thought in Criminal Law (Scire) of the Faculty of Law of the University of Kinshasa, recently presented a fascinating plea for the reform of the penal code. At the heart of his presentation, the integration of the crime of aggression as an international crime of the code constitutes a crucial issue for the Democratic Republic of Congo.
In a country where justice struggles to fully play its role, the question of the repression of the crime of aggression is particularly worrying. Professor Masamanki underlines the persistent impunity of the aggressions perpetrated by neighboring countries, such as Rwanda, against the DRC. Faced with this situation, it becomes imperative to understand the fundamental difference between the simple act of aggression and the crime of aggression, as well as the major role that the penal code must play in their repression.
By advocating for the operationalization of the repression of the crime of aggression in the DRC, Professor Masamanki highlights the urgency of reforms to be carried out in this area. It is essential that the Congolese justice system strengthens its capacity to deal with these international crimes at the national level, by ensuring effective complementarity with the competent international bodies.
This questioning of the Congolese judicial system raises profound questions: who is really responsible for the repression of the crime of aggression? How can we guarantee real justice in the face of these violent acts committed against the Congolese people?
Ultimately, Professor Espoir Masamanki’s advocacy highlights an essential truth: justice can only be effective if it manages to render accounts for all crimes, whether national or international. It is time to undertake bold reforms so that the Democratic Republic of Congo can fully ensure the protection of its citizens and the integrity of its territory.
This call to action resonates as an urgent necessity for Congolese justice, far from any lethargy, to position itself as a pillar of the rule of law and respect for the fundamental rights of each person. The destiny of the Congolese nation depends on the ability of its institutions to face the challenges of the crime of aggression and to guarantee fair justice for all.