The gravity of international crimes has led the international community to condemn them as a whole, and whose national laws have sprouted in order to build a more peaceful society based on justice. The trial being always a dangerous situation, procedural guarantees must be respected and on the basis of which will be examined the value of the conclusion of the final result of the jurisdictional work. The realization of this objective demonstrates that the history of humanity is full of immeasurable efforts to ensure the judicial protection of all parties to the trial, particularly the accused. On the one hand, African leaders have updated an African Charter on Human and Peoples' Rights in which an African Human Rights Court has been established. On the other hand, it adopted the guidelines and principles on the right to a fair trial and to legal aid in Africa. Regarding the situation in the DRC, it should be noted that myth or reality, in any case, the Rome Statute instituting the ICC is internalized in the customs of Congolese magistrates that go to its direct application. Having been the scene of several violations of international humanitarian law and human rights law, the DRC, through its constituent of 2006, has scathed to incorporate the essential legal and procedural safeguards provided for in international law into its Constitution.
The aftermath of terror, the trauma of violence, the reflexes of exclusion, the mechanisms of self-defense and sometimes the desire for revenge risk jeopardizing the chances of a genuine rise of democracy in the Member States of the CEPGL. This analysis was intended more as a beginning, a reflection in the effort of historical restitution that it does not provide solutions, to build the CEPGL of tomorrow on an increased sense of alternating democracy, recognizing the rights of the political opposition as surveyed in different constitutions and laws across these states. The politicians in power in the region must realize that they are in no way appropriate to make the opponents assume responsibilities they want to get rid of as actors in the history of failures in the application of constitutional provisions, laws and political agreements. It has been found from our research that the political opposition has not been a constitutional reality in the CEPGL with regard to its constitutional history. On the one hand, we note the absence of the provisions expressly sanctioning the political opposition and the institutionalization of the single party, on the other hand; despite this legal vacuum, at times the opposition has existed in a factual way.