Decayed, decimated, usurped and inadequate: the challenge of finding justice through formal mechanisms in the DR Congo

Source: (2008) In Ivo Aertsen, Jana Arsovska, Holger-C. Rohne, Marta Valinas, and Kris Vanspauwen ed., Restoring Justice after Large-scale Violent Conflicts. Devon, UK: Willan Publishing. Pp. 336-358.

“In order to understand the particular failure to address Nyabyondo, or more generally to develop a realistic prosecutorial strategy that can meet the sorts of goals articulated at Sun City, it is necessary to begin with a candid appraisal of the capacity of the legal system to meet public demands for justice. Following this assessment, we examine the role the international community has played in formal justice efforts in the DRC, before turning to alternative means of providing a measure of justice – a justice that may not satisfy the ideals of formal, prosecutorial justice but which may, in its focus on the victims, help inculcate a culture of human rights, entrench respect for the rule of law, help restore the public dignity of victims, and moreover involve a variety of administrative measures – such as lustration and vetting – not least in the military and security services, members of whom are reported to have committed the bulk of the violations.” (abstract)