African Court opens hearing on DRC-Rwanda dispute

Arusha. The African Court on Human and Peoples' Rights (AfCHPR) on February 12 started hearing case number 007/2023, filed by the Democratic Republic of Congo (DRC) against Rwanda, concerning human rights violations carried out by rebel groups.

This case, filed by DRC in August 2023, began its hearing yesterday, before nine judges, led by the court's president, Justice Imani Daud Aboud from Tanzania.

In this case, DRC claims violations of human rights, including incidents of genocide, acts of abuse such as rape and defamation, as well as the destruction of human service infrastructure like schools, hospitals, electricity and water, which are being carried out by rebel groups backed by the Rwandan government.

DRC asserts that Rwanda is carrying out these acts knowingly, which violate human rights and international treaties that Rwanda has signed.

A team of 17 lawyers representing DRC, speaking before the court, stated that over two million people have been affected by these acts, including those who have been killed, others fleeing their homes, and many others slowly dying from diseases, hunger, and lack of humanitarian services, including medical care.

"The cause of all this is Rwanda’s desire to plunder the resources of our country, especially in North and South Kivu, where even the city of Goma has been affected, and many people have been killed, while others are fleeing their homes," said one of the lawyers, Samuel Kabuya, adding:

"Until now, we have photographic evidence showing that Rwanda is supporting rebel groups with over 3,000 members, and as of January 2025, some areas have already been captured by these groups," he said.

The alleged violations are related to the ongoing armed conflict in the eastern part of DRC since 2021, where DRC’s armed forces are fighting the M23 rebel group, which is reportedly supported by Rwanda.

The defence, represented by a team of eight lawyers led by Rwanda’s Minister of Justice and Chief Government Attorney, Emmanuel Ugirashebuye, stated that the claims made by DRC against Rwanda are false and requested the Court to dismiss the case.

One of the reasons given is Rwanda’s withdrawal from the protocol that establishes the Court, which permits countries to be sued or file cases directly against individuals and organisations.

He added that DRC has misunderstood the Court’s jurisdiction, which is intended to hear individual complaints, not political disputes arising from war conflicts.

"We request the Court to dismiss this case and not be misled into engaging in matters outside its jurisdiction, as this would exceed its geographical boundaries," he said.

 "Also, we ask the Court to verify this case, as when the complainant (DRC) filed it, there was no dispute with them, thus it shows that they are trying to bring this Court into a conflict that is not relevant."

The case will continue on February 13, 2025, in the same court, where the judges will continue hearing evidence and will schedule a date for the judgment.