The Use of Population-Based Surveys for Prosecutions at the International Criminal Court: A Case Study of Democratic Republic of Congo

Combined with traditional qualitative data and testimonies, population-based studies may assist investigators and prosecutors of international judicial institutions in the identification of perpetrator groups and in defining the types of international crimes committed by active perpetrator groups during conflict. This research-based on a secondary analysis of data from a cross-sectional study of the North Kivu and South Kivu provinces and the Ituri district in Democratic Republic of Congo-provides a case study to demonstrate how population-based surveys might have value to International Criminal Court (ICC) prosecutions. These data reveal crimes committed during the conflicts constitute crimes against humanity and war crimes and identify the perpetrator groups most responsible for these crimes. Compared to current prosecutions at the ICC, this research finds that leaders of the Mai-Mai and Interahamwe among other groups not charged by the ICC, were most active in North Kivu and South Kivu provinces for perpetrating sexual and physical violence. Population-based surveys, in addition to traditional qualitative data and testimonies, may aid ICC investigators and prosecutors, particularly in the identification of perpetrator groups and in defining the types of international crimes committed by active perpetrator groups during conflict.