DRC takes Rwanda to African Court of Human Rights over deadly conflict

The African Court on Human and Peoples' Rights has scheduled a landmark public hearing for February 12 on a petition filed by the Democratic Republic of Congo (DRC) against Rwanda over allegations of supporting M23 rebels in the ongoing conflict in eastern Congo.

This case marks the first time an African Union member state has formally sued another at the court.

The petition, which has been on the court's register since August 2023, comes amid intensifying violence in Kivu Province, where clashes between M23 rebels and Congolese government forces have led to nearly 3,000 people dead while hundreds of thousands of civilians have been displaced, according to the United Nations.

Ahead of the trial, the DRC’s National Human Rights Commission (CNDH) and more than 500 human rights organisations are mobilising to present evidence of war crimes, crimes against humanity, and violations of international law committed in the region.

The DRC’s petition before the African Court, officially filed under Application No. 007/2023 on August 21, 2023, accuses Rwanda of violating multiple rights protected under the African Charter on Human and Peoples' Rights.

These include the rights to life, peace, human dignity, food, housing, family protection, liberty, personal security, optimal physical and mental health, and reparations for affected civilians.

DRC’s Deputy Minister of Justice, Samuel Mbemba, stated, “Rwanda’s role in this conflict is undeniable. UN reports and eyewitness accounts confirm the presence of Rwandan military personnel in the region.”

Pursuit of justice

He emphasised that the DRC is pursuing justice on a military, diplomatic, and legal front to hold Rwanda accountable for alleged atrocities, including massacres, sexual violence, and illegal resource exploitation.

The case is being closely watched as a test of the African Court’s ability to mediate conflicts and uphold justice within the continent.

In addition to allegedly backing M23, Rwanda is accused of harbouring individuals suspected of serious crimes, including Laurent Nkunda, the former leader of the National Congress for the Defence of the People. Nkunda’s rebel group was a key player in the Kivu conflict, fighting against the Congolese military.

The DRC also seeks reparations, the withdrawal of Rwandan troops, and an end to Rwanda’s alleged support for M23.

This is not the only legal action the DRC has taken against Rwanda. A similar case is currently before the East African Court of Justice (EACJ), where hearings began in September 2024. In that case, the DRC accuses Rwanda of "acts of aggression that violate its sovereignty, territorial integrity, political stability, and independence and have led to significant human rights violations in the North Kivu region."

However, the EACJ case has raised concerns after being excluded from the list of cases for the court’s upcoming first session of 2025, which is set to take place in Kigali, Rwanda.

Other Topics To Read

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• M23 rebels DRC
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• DRC takes Rwanda to African Court of Human Rights over deadly conflict
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