Repairing the Past and Safeguarding the Future

ABSTRACT This article draws on a critical analysis of the jurisprudence of the Congolese military courts on mass crimes in North Kivu and South Kivu from 2017 to 2023, focusing on reparations for those crimes. It demonstrates how the deficient assessment of harm, the near-total non-execution of judgments and the disregard of the needs of victims undermine justice. By incorporating measures of satisfaction and guarantees of non-repetition, bolstered by the advent of national redress fund FONAREV, the study proposes an innovative perspective capable of restoring dignity of survivors, and preventing future atrocities. It posits that effective reparations must address both the harm suffered and the underlying structures that caused them. Reparations should transform victims’ circumstances rather than simply restore them to poverty and discrimination.

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Publication Details

Journal
Journal of International Criminal Justice
Published
2025-05-01
DOI
https://doi.org/10.1093/jicj/mqaf028
Primary Topic
Political Conflict and Governance
Type
article
Field-Weighted Citation Impact
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article

Repairing the Past and Safeguarding the Future

Jonas Kakule Sindani
Journal of International Criminal Justice
Political Conflict and Governance
article

Repairing the Past and Safeguarding the Future

Jonas Kakule Sindani
article en

Abstract

ABSTRACT This article draws on a critical analysis of the jurisprudence of the Congolese military courts on mass crimes in North Kivu and South Kivu from 2017 to 2023, focusing on reparations for those crimes. It demonstrates how the deficient assessment of harm, the near-total non-execution of judgments and the disregard of the needs of victims undermine justice. By incorporating measures of satisfaction and guarantees of non-repetition, bolstered by the advent of national redress fund FONAREV, the study proposes an innovative perspective capable of restoring dignity of survivors, and preventing future atrocities. It posits that effective reparations must address both the harm suffered and the underlying structures that caused them. Reparations should transform victims’ circumstances rather than simply restore them to poverty and discrimination.

Journal of International Criminal JusticeVol. 23(2)
Université Catholique de Bukavu (CD), UCLouvain (BE)
Openalex Percentile: Top 66%
Political Conflict and Governance
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