Congo (the)
Full text of the Constitution (French): 
See in particular:
Art. 9 - Judicial guarantees
Art. 10 - Manifestly illegal orders, superior oders defence
Art. 11 - Statutory limitations
Art. 84 - State of emergency
Art. 178 - Negotiation/ratification of treaties
Art. 184 - Application nationale des traités internationaux
1. Constitutional structure and position of IHL in domestic law
The Congolese Constitution specifies a presidential regime. The President is the head of the Executive, and legislative power is exercised by a bicameral Parliament composed of the Senate and the National Assembly.
International treaties and agreements are negotiated, signed and ratified by the President. However, the prior consent of Parliament is required for the ratification of certain treaties, in particular peace treaties, treaties relating to national security, trade, natural resources, the "international organization", State finances, those modifying legislation, the "state of the human person" and those dealing with cessation, exchange or adjunction of territory (Art. 178). Art. 184 provides that, subject to reciprocal application, duly ratified treaties and agreements have precedence over national legislation from the time of their publication. In public international law, however, only bilateral treaties may be conditioned on reciprocal application, i.e. international humanitarian law treaties may not. It is therefore assumed that under the Congolese Constitution such treaties are not submitted to reciprocity.
The Republic of the Congo became party to the four Geneva Conventions on 4 February 1967 and to the two Additional Protocols on 10 November 1983.
2. Implementing bodies
A Standing Committee was set up to improve knowledge of and respect for international law within the armed forces, but remained inactive throughout the conflict in 1997 and 1998. It has recently been revived.
3. Bibliography
W. MBILAMPINDO, "Un nouvel acte fondamental pour une nouvelle transition démocratique au Congo", Revue juridique et politique: Indépendance et coopération, 1998-2, pp. 149-165.
