As the armed conflict continues to ravage the east of the Democratic Republic of Congo (DRC), many voices are rising in favour of non-military solutions. Among them, a major judicial initiative: the procedure initiated by the DRC against Rwanda before the African Court of Human and Peoples’ Rights, the judicial organ of the African Union (AU) responsible for ensuring the protection of human rights on the continent. The DRC accuses Rwanda of having violated the African Charter on Human and Peoples’ Rights, notably by supporting the M23 rebels since 2021. Kinshasa asserts that the latter are responsible for massacres, mass displacement of populations, destruction of infrastructure and acts of pillage. The case is of capital importance, as it is the very first interstate procedure brought before the African Court. So far, only 34 AU Member States, including the DRC and Rwanda, recognise the jurisdiction of this court. This could thus establish a major jurisprudence, demonstrating that disputes between African states can be resolved by an independent judicial body, rather than by force or diplomacy alone. Before ruling on the substance of the case, the Court must first rule on the preliminary objections raised by Rwanda.
RDC vs Rwanda: A historic judicial duel which could redefine justice in Africa
