Rule of Law for Whom: Strengthening the Rule of Law as a Solution to Sexual Violence in the Democratic Republic of the Congo
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. INTRODUCTION 140 I.A BRIEF HISTORY OF CONFLICT IN THE GREAT LAKES REGION 141 II.THE CRISIS OF SEXUAL VIOLENCE 145 A. Scope of the Crisis 145 B. Socio-cultural Implications of Sexual Violence ........ ........ 147 J.D. Candidate, 2011 University of California, Berkeley School of Law; M.T.S., Harvard Divinity School; A.B., University of Missouri. I would like to thank Professor Kate Jastram for valuable guidance and consistent encouragement on this project. My colleagues in the Global Migration Seminar at Berkeley were excellent discussion partners and offered helpful feedback. Kerry Gough, Elizabeth Hawkins Lincoln, Stephen Rosenbaum and Ernesto Verdeja each put a critical eye to various drafts of this paper. Finally, thanks to Alison Mollman and the excellent staff of the Berkeley Journal of Gender, Law & Justice for their keen editing. I welcome comments, questions, corrections and other correspondence about the subject of this article; I can be reached at ryanlincoln@post.harvard.edu. BERKELEY JOURNAL OF GENDER, LAW & JUSTICE 139 BERKELEY JOURNAL OF GENDER, LAW & JUSTICE III.RULE OF LAW IN THE DR CONGO. ...... 149 A. Defining the Rule of Law ...... 149 B. Rule of Law Programs in the DR Congo 151 C. Sexual Violence and the Rule of Law in the DR Congo 153 1. Government Bound by Law......... 154 2. Equality Before the Law 155 3. Law and Order 156 4. Predictable and Efficient Justice 156 5. State Violation of Human Rights 157 6. Rule of Law Institutions ........ 158 IV.CREATING A VIABLE RULE OF LAW SOLUTION 158 A. Limitations of Armed Conflict and Political Efficacy on the Rule of Law ...... 159 B. Rule of Law as Evaluative / Rule of Law as Creative .... ...... 160 C. Gender Issues and the Rule of Law 161 D. Rule of Law Must Take Norms Into Account 164 CONCLUSION 167
Gendering rule of law reform after conflict
In the context of a rise of rule of law reform programmes after conflict and increasing international interest in gender mainstreaming post-conflict interventions, this article explores how and to what extent gender mainstreaming has been incorporated into rule of law programmes after conflict. It argues that despite rhetoric regarding gender mainstreaming post-conflict interventions, rule of law reform practice shows little commitment to gender mainstreaming, largely failing to translate into substantive outcomes. Considering examples from different countries, the article analyses how programmes in five particularly gender-relevant areas take gender aspects into account: constitutional reform, sexual and gender-based violence, access to justice, the use of informal institutions and property reform. It further explores the limitations of current rule of law programming by situating rule of law reform in the broader context of post-conflict interventions. Lastly, it presents ideas on how to incorporate gender aspects more effectively into rule of law reform.
The Area of Freedom, Security and Justice ten years on: Successes and future challenges under the Stockholm Programme. CEPS Paperbacks. June 2010
This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. 
 
Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU’s AFSJ.