The Democratic Republic of Congo (DRC) has been called “the worst place on earth to be a woman” and “the rape capital of the world”. A 2014 survey estimated that 22% of women and 10% of men had experienced sexual violence during the conflict in the country’s east. After years of impunity, Roger Lumbala, a 67-year-old former member of parliament who once led a rebel group in eastern DRC, is facing trial for these crimes. He is charged in a French court with complicity in crimes against humanity, including summary executions, torture, rape, pillage and enslavement. Kerstin Bree Carlson, a scholar of international criminal law and transitional justice, explains the significance of this trial and the controversies it has sparked.
What is the special war crimes chamber in Paris? And what is ‘universal jurisdiction’?
Lumbala is being tried before a special war crimes tribunal in Paris because France exercises “universal jurisdiction” over international atrocity crimes like genocide, crimes against humanity and war crimes. These are the crimes that are the remit of the International Criminal Court (ICC). Because the ICC is designed to be a court of last resort, hearing international atrocity crimes only when states cannot or will not, all ICC member states must criminalise international atrocity crimes in their domestic criminal codes.
