Based in Kinshasa, the Democratic Republic of the Congo, Caleb Kazadi has been a correspondent for Justice Information since 2021. Having earned a degree in international relations from Kinshasa University, he is primarily interested in human rights issues. In June 2018, he joined Fondation Hirondelle and worked in the Swiss organization’s radio and multimedia programmes. Between 2019 and 2021, he moved to Kasai to cover local news that emerged from violent armed conflicts. He also works at Peace Building Organization Search for Common Ground.
The dispute between the Democratic Republic of the Congo (DRC) and Rwanda is also currently being developed in courts. On February 12th and 13th, 2025, African courts on the rights of humans and people considered the appeal filed by Kinshasa against Kigali. However, before awarding merits, the court must decide whether the DRC complaint is acceptable.
On February 12th, 2025, Samuel Mbemba is ready. The Deputy Minister of Justice, who is in charge of international litigation, took the opportunity to travel to Arusha, Tanzania.
In front of an audience of journalists at the headquarters of African Courts on African Courts (AFCHPR), the judicial body of the African Union (AU) (AU), he announced: “These actions have already caused more than 13 million deaths and 6.3 million internally displaced people, meaning those who were kicked out of the village to exploit Congolese ressources.
Congolese officials mentioned a survey conducted by a group of UN experts in the Democratic Republic of the Congo (DRC) whose latest report was released in December 2024. According to the document, “systematic support for the M23”, “De Facto Control M23 Operations”, and “De Facto Control” and “Sultani Medeni in” of the “De Facto Control” of the “M23″ M23” and “Sultani Medeni in” of the North and South Kivu and East Conze in South Kivu “continued to receive direction and support from the RDF and Rwandan intelligence agency.” “All M23 units were overseen and supported by the RDF Special Forces,” the report states. This also highlights the military advantage of the M23 thanks to its “advanced military equipment and technology.”
Economically, the alliance has flung the Congo (AFC), a coalition of rebel groups, including the M23, with M23s, saying it will “ensure monopoly on Koltan’s exports from Rubaya to Rwanda, prioritize large volumes of trade and impose substantial taxes.” “The AFC/M23 thus raised at least $800,000 from the taxation of Koltan production and trade in Rubaya,” a group of UN experts pointed out, as well as the management of other mineral resources such as gold, manganese and tin (casiterite), as well as the imposition of “salongo” (forced labour) on the locals who transport these resources.
Finally, on February 21, 2025, the UN Security Council unanimously adopted a resolution condemning the attack on the M23 “with the support of the Rwandan Defence Forces.”
Despise Rwanda
In Arusha, Kinshasa is suing Kigali for human rights violations, aggression and looting its resources. “The applicant state alleges that this caused the massacre, occupation of several regions, mass displacement of 520,000 people, a cholera outbreak, and destruction of schools. The court issued an international arrest warrant,” AFCHPR said in a press release.
Regarding compensation, the DRC has asked the court to order Rwanda to end its support for the M23, withdraw the troops from its territory and compensate for the harm caused by the victim. During recent events, Rwanda had previously refused to support the M23 – has issued no official statement confirming or denying Kinshasa’s charges.
Before AFCHPR, Kigali believes Kinshasa does not have sufficient evidence to support these accusations. “Your previous application is based solely on information sown in mass media,” the Rwandan lawyer argued in the court. This is an application that claims that Rwanda is liable for human rights violations either directly or as a result of actions allegedly committed by its military, or as a result of suspicious activities by providing support to the M23.
Judicial proceedings take place at a time when security situations are getting worse east of the DRC, where the M23 Army, supported by 4,000 men in the Rwandan army, has been occupying strategic towns such as Bukabu, the capital of the North Kibhu, Goma, and the capital of the South Kibhu, from January 26, 2025.
Judicial proceedings come when security situations are getting worse in the eastern DRC, where the M23 Army, supported by 4,000 men in the Rwandan army, has been occupying strategic towns such as the North Kivu capital and Bukabu, South Kivu capital.
According to the United Nations, clashes between the regular Congolese forces and rebels for control of Goma have killed around 3,000 people. According to Prime Minister Judith Sminwa Turka, Kinshasa has brought the death toll to over 7,000. He speaks from the podium at the 58th session of the 58th Human Rights Council, held in Geneva on February 24, 2025. “During this period, data reveals that cases of sexual violence have increased more than two and a half times, adduction has increased six times, killings and attacks have increased seven times, and attacks on schools and hospitals have increased 12,” the UN agency said on February 26, 2025.
For Kinshasa, the challenge of this trial is not only to criticize Kigali, but also to get compensation for the victims. “We are asking African courts for the rights of the people and people to convict Rwanda so that they can compensate the victims and stop the atrocities in the east of our country,” Mbemba said on February 12, 2025.
Hundreds of thousands of victims
The exact number of victims is unknown. The entire area is inaccessible and the conflict is still ongoing. In front of the court, the DRC specifically points out Rwanda’s responsibility for the massacre of the Congolese people in Kisshu and Bambo on November 28th and 29th, 2020, in Kisshu and Bambo.
The Congolese organization estimates that more than 10 million people have been in the hands of Rwandans since 1996 and are awaiting compensation. This is the case of the Congolese Victims Association (ANVC), which submitted to the Congo ministry on February 3, 2025 what it considers to be evidence of Rwanda’s liability. It includes photos, videos and testimonies from various victims, ANVC President Milan Mulumba told Justice Information. African justice should “condemn Rwanda for fighting immunity for serious crime across the DRC,” he argues.
Two complaints against Rwanda before the two courts
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During the February hearing prior to AFCHPR, the parties discussed the jurisdiction of the court and the acceptability of Congolese applications.
It was on December 2, 2024 that the DRC announced the filing of this complaint to the AFCHPR through the Minister of Justice. However, in the same year, Kinshasa also filed another complaint against Rwanda to a judge in the East African Community (EACJ).
This is unacceptable for Rwanda. Rwanda asked AFCHPR to retract AFCHPR as incompetent because of the existence of this complaint by the DRC before the EACJ court. Kigali argued that the local relief has not been exhausted, and the lawyer denounced “abuse of the process” citing the existence of “substantially identical applications.” Kinshasa argues that the argument is unfounded.
Additionally, Rwanda is asking the AFCHPR to declare that it is incompatible to judge the case on the grounds that “this request is incompatible with the constitutive conduct of the African Union.” Kigali argues that the AFCHPR and the protocols establishing its procedures “will limit the duties of courts in human rights issues.” The DRC application “relates to issues of peace, security and territorial integrity.” Kigali argues that it is not “an issue governed by the African Charter or, in fact, other human rights means.”
But Kinshasa doesn’t see it that way. “How can we consider the violation of life and body integrity invoked by the DRC to reasonably constitute the question of political or security nature and avoid court scrutiny?” In the case of the DRC, the African Union Court based in Arusha has jurisdiction.
On February 13, 2025, the court gave the parties to eight days of parties to file a complaint before deliberation. There is no set date for that judgment, but it may be expected during the next session of the court in June.
