Kilwa incident (Pros. v. Adémar Ilunga et al.) fr

Country of proceedings: Democratic Republic of Congo
Context of crimes: Democratic Republic of Congo (Katanga)
Date: 2007
Keywords: War crimes (illegal detention, murder), private contractors

Court Documents (in French)
28-06-2007 - Jugement de la cour militaire du Katanga

Presentation of the case

The Kilwa incident refers to the loss and regaining of the village of Kilwa, in Katanga, by the Armed Forces of the Democratic Republic of Congo (FARDC), in October 2004. During the take over of the town, the FARDC allegedly committed acts of pillaging, wanton destruction as well as illegal detentions and summary executions. Around 70 villagers were killed.

On 28 June 2007, the Katanga Military Court rendered its first instance verdict, after proceedings widely described by international observers as unfair and biased by political interferences and procedural irregularities. In its verdict, the Court found the commander in charge of the attack and three soldiers guilty for the illegal arrest, detention, and murder of two persons. These crimes, however, were not committed during the attack of Kilwa. All the other accused were acquitted, the court having concluded the victims were members of a rebel group killed during the attack.

The Australian Company Anvil Mining Congo was also accused, FARDC soldiers having used company property, including a plane, to lead the attack and commit the alleged crimes. However, the tribunal concluded that the FARDC had requisitioned the vehicles and acquitted Anvil and three of its employees.

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