Achieving Justice for Child Survivors of Conflict-related Sexual Violence in the Democratic Republic of the Congo

Abstract

Abstract In March 2015, the first major conference, or États Généraux, of the Congolese justice system was held in Kinshasa, Democratic Republic of the Congo. The conference, the mandate of which was to evaluate the functioning of the judicial system and formulate recommendations about reforms and actions to be implemented, pledged to strengthen national investigations and prosecutions of international crimes as a matter of priority. This development was significant in a country where widespread impunity for perpetrators of mass crimes, in particular conflict-related sexual violence, is rampant and exacerbates the trauma suffered by survivors. Among the cases deemed a ‘priority’, the Kavumu case was especially important. In that case, the Military Court of South Kivu found that the accused were part of an armed group, controlled by provincial lawmaker Frédéric Batumike, and together they were responsible for the rape of over 40 young girls over a three-year period. After a long and complex process, in December 2017, a mobile military court convicted 11 militia members, including the parliamentarian, of rape as a crime against humanity and sentenced them to life. In July 2018, the High Military Court confirmed the verdict. This article will provide an overview of the Kavumu case as well as the main milestones of the proceedings. The article will then discuss three features of the case that exemplify innovations and best practices — as well as pending challenges — in the prosecution of conflict-related sexual violence, including the issue of domestic immunities for international crimes; the unique, interdisciplinary protections undertaken for child victims of sexual violence in legal proceedings; and the effective collaborations among the network of medical, legal, and civil society actors supporting national efforts to combat impunity. The Kavumu case aptly illustrates how national justice institutions, working alongside international and local partners, can lead the way in achieving progress and overcoming complex challenges to advance accountability and set important precedents in the fight against impunity for conflict-related sexual violence.