The African Commission’s Missed Opportunity on Conflict-Related Sexual Violence

The African Commission on Human and Peoples’ Rights, in the Minova v. DRC case, acknowledged the State’s responsibility for sexual violence committed by its armed forces in 2012–2013, yet its decision falls short of expectations. Although it affirms that the right to reparation is a “fundamental principle of international law” and cites the UN Basic Principles as well as the Chorzów Factory jurisprudence, it fails to translate this recognition into transformative measures. The Commission recommends significant actions—investigations, prosecutions, a compensation mechanism, medical and psychological care, training for judicial and military actors, public apologies, and a commemorative monument—but rejects awareness campaigns, which are essential to challenge patriarchal norms and victim stigmatization. This approach exposes a tension between the normative recognition of the right to reparation and its practical implementation, in a context where the consolidation of this right under customary international law remains controversial. While the Communication contributes to normative discourse and may influence state practice, it misses the opportunity to fully integrate the specific nature of conflict-related sexual violence into the design of reparative measures, limiting its transformative impact.