Additionally, he began to consolidate his control of the country by allying with some of the groups "his" AFDL
had just defeated, including the remaining Rwandan ex-FAR and Interahamwe, as well as the local Congolese Mai-Mai militias.
He consolidated power around himself and the AFDL
and renamed the country the Democratic Republic of the Congo (D.
This is shown by the contacts made with the AFDL before the AFDL had signed the final contract as Lundin Holdings was unsure of who exactly would be in control of the country.
If the ICC recognizes that the knowledge test is the proper test for determining the culpability of an aider and abettor, then the officers and directors of Lundin Holdings are liable for aiding and abetting the AFDL in the pillaging the Tenke-Fungurume concessions because (1) a war crime occurred; (2) Lundin Holdings made a material contribution to the crime; and (3) Lundin Holdings intended or was reckless as to the crime's commission.
The first step of proving that the directors of Lundin Holdings aided and abetted the AFDL is to prove that a war crime had in fact occurred; the AFDL's pillage of the Katanga province would be sufficient.
Lundin Holdings had established contacts with the AFDL in early 1997, before it took control of the DRC.
Directors of Lundin Holdings knowingly entered into contacts with the AFDL prior to when the AFDL had control over the Katanga province, which housed the Tenke-Fungurume concessions.
The Katanga province was one of the top priori ties for the AFDL to control as it was rich in mineral resources.
He attempted to initiate a "cultural revolution" in which ordinary citizens were to be watched bv street committees and only the AFDL
was allowed to function; civil society was to synchronize its activities with the AFDL
and most trials were to be held before military courts.
In November 1996, during the attack of AFDL
and Rwandan forces on the Mugunga refugee camp outside Goma in eastern Zaire, [the American] was with Laurent Kabila.
It is revealing that the increase in production of these two minerals appeared to happen while the AFDL [led by the late President Kabila], backed by Rwandan troops, was raking over power in Kinshasa.
As the chief of AFDL [the rebel coalition that overthrew President Mobutu in May 1997]," the Panel says, "[Kabila] created a precedent in giving a character of 'legality' or legitimacy to otherwise illegal operations.