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The Economic Impact of Sexual Violence in Civil Conflict: Lessons from the DRC v Uganda ICJ Judgment 

Maria Aparcero Suero

  

Sexual violence in armed conflict continues to be fueled by lack of accountability, impunity and lawlessness in a context where the erosion of international human rights norms is often normalized. Victims of sexual violence encounter multiple forms of discrimination and socio-economic barriers before their cases are brought before national or international courts. When evidence of sexual violence is properly presented and accepted by the courts, as was the case of DRC V Uganda brought before the ICJ, reparation claims ought to be considered and awarded to the victims. Unfortunately, the ICJ armed activities case demonstrated a fundamental failure of applying the equitable considerations for survivors of sexual violence in armed conflict. In my keynote, I will argue why reparations are the most victim-centered justice mechanism available and the most significant means of making a difference in the lives of victims. I will also demonstrate why the ICJ is well positioned to adopt equitable considerations relevant to the situation of victims of sexual violence in armed conflict. Based on the lessons learnt from this ICJ judgment and the missed opportunity to provide a comprehensive ruling which afforded specific reparations for victims of sexual violence, my presentation will include recommendations. The recommendations are particularly insightful and relevant against the backdrop of the African Union 2025 theme of the year “Justice for Africans and People of African Descent Through Reparations.” The theme intends to address historical injustices, including the trans-Atlantic slave trade, colonialism, apartheid, and genocide, unfortunately it is silent on the question of reparations for victims of sexual violence, one of the most egregious forms of violations of international law with current and ongoing impact in civil conflict realities.

 

Furaha Joy Sekai Saungweme is a lawyer, and the founder of Africa End Sexual Harassment Initiative (AESHI), a law reform and social movement project which seeks to create regional dialogue on sexual harassment for national impact and which calls for a Regional Law/Protocol on Sexual Harassment for Africa. She is a Georgetown Law LLM Alumni during which period she served as the LL.M. Advisor for the Georgetown Journal on International Law and developed her thesis, “Sexual Harassment in the Pan African Parliament” which she presented  at the White House (Eisenhower Executive Office Building) in April 2024 before the White House Gender Policy Council. Furaha-Joy is the Lead editor of the #Firstofitskind book Sexual Harassment and the Law in Africa: Country and Regional Perspectives. This groundbreaking publication led to an invite from Voice of America (VOA) Our Voices 638 to discuss the problem of sexual harassment in Africa as well as the book, https://www.youtube.com/watch?v=IiZpzGgjYV0  

Furaha-Joy is Co-Director of the Gender Justice and Harassment Working Group at the Berkeley Center on Comparative Equality and Anti-Discrimination Law, Co-Editor in Chief of the BCCE E-Journal and a Board Member of the FemIDEAS, Decolonizing Sexual and Gender-Based Violence in Higher Education Project, based at the University of Westminster, United Kingdom. She has authored peer reviewed academic papers on gender, democracy and human rights in Africa and is an active member of notable international networks including International Lawyers Assisting Workers (ILAW) as well as the International Conference on Legislation and Law Reform (ILEGIS) which focuses on how laws are written in the United States and around the world at the international, national, and subnational levels.