Rwanda fails to block DRC case at African Court

The Court ordered the Republic of Rwanda to respond to all submissions filed by the DRC within 90 days. The responses must be ready by September 24, 2025.

The case, filed in October 2023 and registered as Application No. 007/2023, sees the DRC accuse Rwanda of grave and systematic human rights violations on Congolese soil, particularly in areas affected by the M23 insurgency.

Since 2021, the DRC has been engaged in heavy fighting against the M23 rebel group, which Kinshasa alleges is militarily and financially supported by Rwanda. The Congolese government claims that Rwandan troops and affiliated militias have been involved in massacres, sexual violence, mass displacement, and the destruction of civilian infrastructure.

The rebel coalition has reportedly targeted both Congolese forces and UN peacekeepers (MONUSCO), with attacks recorded in towns including Shangi, Kibumba, Tchanzu, and Rumangabo. Currently, the group occupies parts of North Kivu province, such as Bunagana, Kiwanja, and Kitshanga.

One of the most harrowing incidents cited in the DRC’s case is the November 2022 massacre of at least 130 civilians in the villages of Kishishe and Bambo.

The conflict has displaced over 520,000 people, according to court filings, and caused severe humanitarian deterioration, including a cholera outbreak in Kanyaruchinya camp. The destruction of schools, homes, health centres, and farmland has further compounded the crisis.

The DRC argues that these actions constitute multiple violations of the African Charter, particularly Article 1, which obliges state parties to uphold the rights and freedoms guaranteed under the Charter.

The application also recalls that this conflict follows a historical pattern of Rwandan military involvement in the DRC dating back to the wars of 1998–2002 and later 2012–2013. The African Commission on Human and Peoples’ Rights previously found Rwanda responsible for abuses during those earlier conflicts and recommended reparations.

Rwanda, represented by an eight-member legal team led by Minister of Justice and Attorney General Emmanuel Ugirashebuye, challenged the admissibility of the case, arguing that the African Court lacks competence to adjudicate politically sensitive matters such as inter-state conflicts.

They also contended that human rights claims should be brought by individual victims—not states—and must include individualised evidence.

However, the Court dismissed Rwanda’s objections, affirming both its jurisdiction and the admissibility of the application. It stated that the African human rights framework empowers the Court to adjudicate inter-state disputes, particularly where there are credible allegations of grave human rights violations.

Rwanda must now respond to the DRC’s legal and evidentiary claims in full.

In its application, the DRC has requested the Court to declare Rwanda in breach of its international obligations and to order the immediate withdrawal of Rwandan troops from Congolese territory. It is also seeking a halt to all support for the M23 rebel group.

The DRC is further demanding that Rwanda pay reparations for damages caused to the Congolese state and its population, with the Court reserving further proceedings on compensation in accordance with its rules. The DRC also seeks reimbursement for all legal costs.

Speaking outside the Court in Arusha, DRC Minister of Justice Samuel Mbemba hailed the ruling as a milestone in the pursuit of justice and accountability.

“We thank the Court for this landmark ruling. It restores hope and signals a positive direction toward peace and stability—not only for Congo but for the entire region,” he said.

“Up to now, thousands have died, women have been raped, and children suffer without food, education, or shelter—all because of deliberate acts that ignore basic human rights.”

He added, “Our people are hopeful. This decision strengthens our resolve to protect human dignity and to hold perpetrators accountable.