A Belgian court on March 17 ordered 93-year-old former diplomat Etienne Davignon to stand trial for his role in the 1961 assassination of the first elected prime minister of the Democratic Republic of the Congo (DRC), Patrice Lumumba.

Davignon, who was a junior diplomatic intern at the time of the assassination, is the first person to be prosecuted in the case. He is the last living suspect among 10 Belgian diplomats who allegedly assisted in the unlawful abduction and transfer of Lumumba that ultimately led to his death. The Belgian federal prosecutor's office charged Davignon with "participation in war crimes," and has also investigated him for involvement in the murders of two of Lumumba's political allies, Maurice Mpolo and Joseph Okito.

As the DRC's first prime minister, Lumumba led the struggle for independence from Belgium and was hailed by the public as an anti-colonial icon. He served for three months in 1960 before he was forced out and killed early the following year.

While Lumumba’s killers were Congolese rebels, a Belgian Parliamentary Committee concluded in 2002 that "certain members of the Belgian government and other Belgian participants were morally responsible for the circumstances leading to the death of Lumumba." It also noted that the United States acted behind the scenes to organize active opposition to Lumumba, creating "the first plans of physical elimination."

The push for a criminal case began in 2011, when Lumumba’s children demanded justice for their father in light of mounting evidence of Belgium’s involvement in the assassination. This January, 10 grandchildren of Lumumba brought both civil proceedings and criminal charges, marking one of the first instances of prosecution for crimes committed in colonial-era Africa.

The Belgian system is one of a few criminal justice systems that combine criminal and civil procedures. It allows parties to join criminal proceedings as civil parties and allows judges to rule on both the criminal and civil aspects of a proceeding in a single decision. The trial is expected to begin in 2027.

From JURIST, March 19. Used with permission.