Raskin, Lindsay L.

English

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Cleveland State University
EngagedScholarship@CSU
In the Balance Law Journals
Winter 2012
Has Justice Finally Arrived for the DRC?
Lindsay L. Raskin
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Raskin, Lindsay L., "Has Justice Finally Arrived for the DRC?" (2012). In the Balance. 5.
https://engagedscholarship.csuohio.edu/inthebalance/5
  
 
25 
HAS JUSTICE FINALLY ARRIVED FOR THE DRC? 
LINDSAY RASKIN
†
  
The conflict in the Democratic Republic of the Congo (DRC) now ranks as the 
world’s deadliest conflict since World War II.  Since its outbreak in August 1998, 
fighting between the factions has led to the deaths of approximately 5.4 million 
people and created a refugee crisis with more than 1.5 million displaced.1  A 
profound product of this violence, fueled by intrinsic cultural norms in the DRC, is 
rape.  The international community considers the DRC the rape capital of the world.  
Current studies estimate that 1.8 million women in the DRC are raped during their 
lifetime at a rate of 48 rapes every hour.2 
On August 12, 2011, the DRC’s parliament finally took action by adopting 
legislation creating a specialized court to hear cases of war crimes, crimes against 
humanity and genocide committed in the DRC since 1990.3  While many human 
rights advocates consider the action taken by parliament a triumph, it is unclear 
whether a specialized tribunal is the most effective forum for victims of these 
humanitarian crises.  The international community tends to favor specialized 
tribunals, which have been seen in East Timor and Cambodia, because the country 
where the conflict occurs bears the burden of providing the majority of funding for 
the tribunal as well as the majority of the tribunal’s staff.4  
Despite recent action, rape continues to be one of the most common crimes 
committed in the DRC, and reporting its commission is still taboo in Congolese 
society.5  Women who are raped are viewed as “dirty” and are often forced to “weigh 
[their] desire for justice against the social consequences.”6  Thus, despite the strides 
                                                          
† Associate, THE GLOBAL BUSINESS LAW REVIEW. Profiles of all current staff are available 
online at www.globalbusinesslawreview.org. Originally published in October 2011. 
 1 See Anup Shah, The Democratic Republic of the Congo, GLOBAL ISSUES, 
http://www.globalissues.org/article/87/the-democratic-republic-of-congo (last updated Aug. 
21, 2010).  The instability caused by the warring parties has contributed to the overwhelming 
majority of deaths—not by weapons—but by preventable diseases, including malaria, 
diarrhea, pneumonia, and malnutrition.   
 2 See New Laws Have Little Impact on Sexual Violence in DRC, SAFE WORLD FOR 
WOMEN (JUNE 7, 2011), http://www.asafeworldforwomen.org/war-zones/drcongo/746-dr-
congo-new-laws-against-rape-have-little-impact.html.  See also UN Official Calls DR Congo 
'Rape Capital of the World,' BBC, http://news.bbc.co.uk/2/hi/8650112.stm (last updated April 
28, 2010, 17:50 BST).  
 3 See Emmanuel Chaco, Congo-Kinshasa: Specialised Court for Serious Human Rights 
Abuses, ALLAFRICA (Sept. 14, 2011), http://allafrica.com/stories/201109140606.html.   
 4 See generally Ben Kiernan, The Demography of Genocide in Southeast Asia: The Death 
Tolls in Cambodia, 1975-79 and East Timor, 1975-80, 35 Critical Asian Stud. 585 (2003), 
available at http://www.yale.edu/gsp/publications/KiernanRevised1.pdf. 
 5 See Case Study: Women Find Support in Survival, USAID, http://www.usaid.gov/ 
stories/drc/cs_drc_rape.html (last updated May 6, 2009). 
 6 See SAFE WORLD FOR WOMEN, supra note 2.  
26 IN THE BALANCE [Vol. 1:25 
 
the DRC has made in recent years, the country currently lacks the infrastructure and 
support programs for the victims of these crimes.  If women are unwilling to come 
forward, how can they ever receive justice?  Furthermore, not even the ICC is a 
suitable forum for justice for the victims of rape.  While the Lubanga case is the first 
case in which the ICC allowed victims to participate, the names of those who 
participate in trials at the ICC are widely known.7  Thus, the victims of rape who 
testify will face the same social consequences—namely the risk of being ostracized 
from their community—that they would have faced if they participated in a case in 
the DRC.  Rather than rushing to appease the international community, the DRC, as 
well as the international community as a whole, should take the time to create an 
effective forum, such as an ad hoc tribunal, which can protect the identity of rape 
victims who testify in court and focus on building a system of support and 
acceptance to aid these victims. 
 
                                                          
 7 Christine H. Chung, Victims’ Participation at the International Criminal Court: Are 
Concessions of the Court Clouding the Promise?, 6 NW. J. INT’L HUM. RTS., 459, 500 (2008), 
available at http://www.law.northwestern.edu/journals/jihr/v6/n3/4/Chung.pdf. 


Has Justice Finally Arrived for the DRC?

Cleveland-Marshall College of Law

Cleveland State UniversityEngagedScholarship@CSUIn the Balance Law JournalsWinter 2012Has Justice Finally Arrived for the DRC?Lindsay L. RaskinFollow this and additional works at: https://engagedscholarship.csuohio.edu/inthebalancePart of the International Trade Law CommonsHow does access to this work benefit you? Let us know!This Monthly Feature is brought to you for free and open access by the Law Journals at EngagedScholarship@CSU. It has been accepted for inclusion inIn the Balance by an authorized administrator of EngagedScholarship@CSU. For more information, please contact library.es@csuohio.edu.Recommended CitationRaskin, Lindsay L., "Has Justice Finally Arrived for the DRC?" (2012). In the Balance. 5.https://engagedscholarship.csuohio.edu/inthebalance/5   25 HAS JUSTICE FINALLY ARRIVED FOR THE DRC? LINDSAY RASKIN†  The conflict in the Democratic Republic of the Congo (DRC) now ranks as the world’s deadliest conflict since World War II.  Since its outbreak in August 1998, fighting between the factions has led to the deaths of approximately 5.4 million people and created a refugee crisis with more than 1.5 million displaced.1  A profound product of this violence, fueled by intrinsic cultural norms in the DRC, is rape.  The international community considers the DRC the rape capital of the world.  Current studies estimate that 1.8 million women in the DRC are raped during their lifetime at a rate of 48 rapes every hour.2 On August 12, 2011, the DRC’s parliament finally took action by adopting legislation creating a specialized court to hear cases of war crimes, crimes against humanity and genocide committed in the DRC since 1990.3  While many human rights advocates consider the action taken by parliament a triumph, it is unclear whether a specialized tribunal is the most effective forum for victims of these humanitarian crises.  The international community tends to favor specialized tribunals, which have been seen in East Timor and Cambodia, because the country where the conflict occurs bears the burden of providing the majority of funding for the tribunal as well as the majority of the tribunal’s staff.4  Despite recent action, rape continues to be one of the most common crimes committed in the DRC, and reporting its commission is still taboo in Congolese society.5  Women who are raped are viewed as “dirty” and are often forced to “weigh [their] desire for justice against the social consequences.”6  Thus, despite the strides                                                           † Associate, THE GLOBAL BUSINESS LAW REVIEW. Profiles of all current staff are available online at www.globalbusinesslawreview.org. Originally published in October 2011.  1 See Anup Shah, The Democratic Republic of the Congo, GLOBAL ISSUES, http://www.globalissues.org/article/87/the-democratic-republic-of-congo (last updated Aug. 21, 2010).  The instability caused by the warring parties has contributed to the overwhelming majority of deaths—not by weapons—but by preventable diseases, including malaria, diarrhea, pneumonia, and malnutrition.    2 See New Laws Have Little Impact on Sexual Violence in DRC, SAFE WORLD FOR WOMEN (JUNE 7, 2011), http://www.asafeworldforwomen.org/war-zones/drcongo/746-dr-congo-new-laws-against-rape-have-little-impact.html.  See also UN Official Calls DR Congo 'Rape Capital of the World,' BBC, http://news.bbc.co.uk/2/hi/8650112.stm (last updated April 28, 2010, 17:50 BST).   3 See Emmanuel Chaco, Congo-Kinshasa: Specialised Court for Serious Human Rights Abuses, ALLAFRICA (Sept. 14, 2011), http://allafrica.com/stories/201109140606.html.    4 See generally Ben Kiernan, The Demography of Genocide in Southeast Asia: The Death Tolls in Cambodia, 1975-79 and East Timor, 1975-80, 35 Critical Asian Stud. 585 (2003), available at http://www.yale.edu/gsp/publications/KiernanRevised1.pdf.  5 See Case Study: Women Find Support in Survival, USAID, http://www.usaid.gov/ stories/drc/cs_drc_rape.html (last updated May 6, 2009).  6 See SAFE WORLD FOR WOMEN, supra note 2.  26 IN THE BALANCE [Vol. 1:25  the DRC has made in recent years, the country currently lacks the infrastructure and support programs for the victims of these crimes.  If women are unwilling to come forward, how can they ever receive justice?  Furthermore, not even the ICC is a suitable forum for justice for the victims of rape.  While the Lubanga case is the first case in which the ICC allowed victims to participate, the names of those who participate in trials at the ICC are widely known.7  Thus, the victims of rape who testify will face the same social consequences—namely the risk of being ostracized from their community—that they would have faced if they participated in a case in the DRC.  Rather than rushing to appease the international community, the DRC, as well as the international community as a whole, should take the time to create an effective forum, such as an ad hoc tribunal, which can protect the identity of rape victims who testify in court and focus on building a system of support and acceptance to aid these victims.                                                             7 Christine H. Chung, Victims’ Participation at the International Criminal Court: Are Concessions of the Court Clouding the Promise?, 6 NW. J. INT’L HUM. RTS., 459, 500 (2008), available at http://www.law.northwestern.edu/journals/jihr/v6/n3/4/Chung.pdf. 

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Has Justice Finally Arrived for the DRC?

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