Recent Developments Rule of Law for Whom? Strengthening Rule of Law as a Solution to Sexual Violence in the Democratic Republic of Congo

29 Pages Posted: 31 Oct 2010 Last revised: 6 Feb 2011

See all articles by Ryan S. Lincoln

Ryan S. Lincoln

University of Idaho, College of Law

Date Written: October 27, 2010

Abstract

This article suggests that programs designed to strengthen the rule of law in general are unlikely to be effective against the widespread problem of sexual violence in the Democratic Republic of the Congo. I argue that while weak rule of law perpetuates sexual violence, only rule of law programs designed specifically with respect to the needs, risks, and cultural norms pertaining to Congolese women can help curb this problem. The article begins with a brief history of conflict in the Great Lakes region of Africa to provide context for a discussion of the scope of sexual violence in the eastern provinces of the DR Congo. It then introduces the notion of “rule of law” before evaluating the ways in which weak rule of law in the eastern DR Congo contributes to the problem of sexual violence. Finally, the article makes four arguments to support the central claim that strengthening the rule of law will be effective against sexual violence only if specifically tailored in the ways noted above.

Keywords: Rule of Law, Transitional Justice, Sexual Violence, Gender-based Violence, Rape, Human Rights, Democratic Republic of Congo, Congo, DRC, East Africa, Africa, Gender

Suggested Citation

Lincoln, Ryan S., Recent Developments Rule of Law for Whom? Strengthening Rule of Law as a Solution to Sexual Violence in the Democratic Republic of Congo (October 27, 2010). Berkeley Journal Gender, Law & Justice, Vol. 26, p. 139, 2011, Available at SSRN: https://ssrn.com/abstract=1698830

Ryan S. Lincoln (Contact Author)

University of Idaho, College of Law ( email )

875 Perimeter Drive
Moscow, ID 83844
United States

HOME PAGE: http://https://www.uidaho.edu/law/people/faculty/ryan-lincoln

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