The justice process in each of the above three legal systems is examined below, using examples of the process in a country that applies a given legal system. The examples are used in order to demonstrate the possible litigation options available to women in each of the legal systems and the ways in which women can access the systems. Accordingly, to discuss the process in a civil law country, the laws and systems of the Democratic Republic of the Congo (DRC) are used as an example. The process in a common law system is discussed by reference to the laws and the legal system in Uganda. The process under Islamic laws is discussed with the example of the laws and systems in place in Sudan. However, it should be noted that the process in each of these countries is not necessarily typical or representative of the legal system to which they correspond. Consequently, the process in two African countries following a same legal system may be different from each other based on the differences in the internal legal codes, the constitutions or practice. 2.2 Criminal Proceedings 2.2.1 Proceedings in the Democratic Republic of Congo i) Substantive Laws on Sexual Violence In the DRC, Law no. 06/0184 which entered into force in August 2006 has reformed the Congolese criminal code as to sexual violence. The new provisions have hardened penalties and broadened the definition of rape (article 170) in order to include both sexes, and all forms of penetration (that is to say, penetration by sexual organs as well as by any object). Moreover, the new law encompasses also under sexual violence: sexual slavery, mutilation, forced prostitution, forced sterilisation, forced pregnancy, forced marriage etc. Law no. 06/019 5 has completed this reform by improving the criminal proceedings related to prosecution for sexual violence. The official capacity of the alleged perpetrator is not a bar to prosecution. Similarly, there is no defence of “having followed orders” (article 42 bis and ter of the penal code as amended by the 2006 law on sexual violence). Military Courts in DRC are competent for infractions committed by military personnel, including sexual violence as defined in the penal code, 6 as well as for the specific infractions contained in the military penal code. 7 Rape and torture as crimes against humanity are covered by the military penal code and indirectly under war crimes (violations of Congolese law that are not justified under the laws and custom of war). Only military courts have competence to try serious violations of international humanitarian law. The crimes of genocide, crimes against humanity and war crimes were integrated within the military Penal and Justice Code with the laws of 18 November 2002 8. Victims have the possibility of acting as civil parties in these proceedings. Regardless of whether the crime is under the penal code or military penal code, where the alleged perpetrator is from the military, the case must be heard under military jurisdiction (as to which see further below). 4 Law no. 06/018 of 20 July 2006 on sexual violence reforming the Congolese Criminal Code (Loi n° 06/018 du 20 juillet 2006 modifiant et complétant le Décret du 30 janvier 1940 portant Code pénal congolais), available at: http://www.leganet.cd/Legislation/JO/2006/JO.01.08.2006.C.P.P..pdf. 5 Law no. 06/019 of 20 July 2006 on sexual violence reforming the Criminal Procedure Code (Loi n° 06/019 du 20 juillet 2006 modifiant et complétant le Décret du 06 août 1959 portant Code de Procédure Pénale Congolais), available at : http://www.leganet.cd/Legislation/JO/2006/JO.01.08.2006.C.P.P.06.019.pdf. 6 Code judiciaire militaire, art 76, http://www.leganet.cd/Legislation/Droit%20Judiciaire/Loi.023.2002.18.11.2002.pdf. 7 Ibid. 8 Law no. 024/2002 of 18 November 2002 on the Military Penal Code (Code Pénal Militaire) available at: www.leganet.cd/Legislation/Droit%20Judiciaire/Loi.024.2002.18.11.2002.pdf and Law no. 023/2002 of 18th November 2002 on the Military Justice Code (Code Judiciaire Militaire) available at: http://www.leganet.cd/Legislation/Droit%20Judiciaire/Loi.023.2002.18.11.2002.pdf. 6 DOMESTIC JUSTICE PROCESSES FOR SEXUAL VIOLENCE | REDRESS