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| UN Security Council adopting Resolution 2098 on March 28. UN Photo: JC McIlwaine. |
By Maryne Rondot
The UN recently passed historic resolution 2098,
authorizing MONUSCO peacekeeping to go on the offensive and to assist the ICC in the arrest
of the suspects.
On Thursday, March 28, the UN Security Council has
approved the creation of a special force within
MONUSCO, the existing peacekeeping force in Congo. This intervention brigade
will carry out "targeted offensive operations" against armed groups
operating in eastern Democratic Republic of the Congo. This is an
extraordinary step forward in the history of UN peacekeeping operations. They were
initially created to protect civilians and ensure peace with no enforcement
power.
This resolution not only establishes an intervention
brigade that can fight on the offensive, but also authorizes it to
"support and work with the Government of the DRC to arrest and bring to
justice those responsible for war crimes and crimes against humanity in the
country, including through cooperation with States of the region and the
ICC."
The ICC and the UN have an agreement
on their relationships. In it, the UN accepted a general “obligation of
cooperation and coordination” with the Court. Since the ICC is dealing with
ongoing conflicts, the peacekeeping forces have become crucial partners with the
Court in the enforcement of its warrants and orders. Peacekeeping units were
previously authorized to help the Court with arrests, but not with force or any
enforcement power. The new resolution not only authorizes the new intervention
brigade to provide information or to help collect evidence as was the case in
the past. It also authorizes it to actually
assist in the arrest of the suspects. This is crucial for the work of the Court.
The US supported the resolution with lobbying and
its vote. This is another sign of the positive development of the US position towards
the ICC. The Obama administration has shown growing cooperation with the Court
on cases that serve US interests. Accordingly, the US has recently cooperated
with Rwanda and the Netherlands in the transfer to the ICC of the Congolese warlord
Bosco
Ntaganda who is under an ICC arrest warrant for war crimes and crimes against
humanity. He had surrendered himself to the US Embassy in Kigali, Rwanda on
March 22, 2013.
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