In quest of a sustainable justice

This research paper examines the challenges of implementing a transitional justice framework in the Democratic Republic of the Congo (DRC) following a war that caused over three million deaths. The author analyzes the limitations of domestic prosecutions, the role of the International Criminal Court (ICC), and the failures of the national Truth and Reconciliation Commission (CVR) in the context of a fragile democratic transition.

• The Democratic Republic of the Congo's judiciary is severely compromised, having been used as a tool for political ends, with decimated infrastructure and a capacity that is 'hopelessly insufficient to answer public demand.' A May 2004 audit indicated that only approximately 20 per cent of the population had access to the formal justice system.
• Domestic prosecutions for mass violations are hindered by a lack of judicial independence, vague legal definitions of international crimes in the 1972 and 2002 military codes, and a provisional amnesty for acts of war, political crimes, and crimes of opinion committed between 2 August 1998 and 4 April 2003.
• The International Criminal Court (ICC) provided a significant milestone in March 2006 with the arrest of Thomas Lubanga, a militia leader from Ituri province, charged with war crimes related to the forced recruitment of children. This intervention was seen as having a 'settling effect' on other warlords.
• The Commission Vérité et Réconciliation (CVR) has largely failed in its mandate to recover truth and provide reparations. It is viewed as lacking credibility because its membership includes political appointees alleged to have been involved in human rights abuses, leading to a process described as 'truth omission and pacification.'
• The author argues that a sustainable justice framework in the DRC must balance the demand for accountability with the risk of re-igniting conflict. Because it is impossible to prosecute all perpetrators, a selective strategy is recommended, targeting those most responsible for orchestrating mass violations and prioritizing recidivism.
• The DRC's history of systemic abuse is characterized by a long trajectory of coercion, starting with 16th and 17th-century slave traders, the brutal rubber plantations of King Leopold II, the kleptocratic rule of Mobutu Sese Seko, and the subsequent war of occupation and pillage involving foreign forces.

APA

Savage, T. (2006). In quest of a sustainable justice. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/paper130pdf.pdf

Chicago

Savage, Tyrone. In quest of a sustainable justice. Institute for Security Studies, 2006. https://issafrica.s3.amazonaws.com/site/uploads/paper130pdf.pdf.

Wikipedia

{{cite report |last1=Savage |first1=Tyrone |title=In quest of a sustainable justice |publisher=Institute for Security Studies |date=November 2006 |url=https://issafrica.s3.amazonaws.com/site/uploads/paper130pdf.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{savage2006quest, author = {Savage, Tyrone}, title = {{In quest of a sustainable justice}}, institution = {Institute for Security Studies}, year = {2006}, month = nov, url = {https://issafrica.s3.amazonaws.com/site/uploads/paper130pdf.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }