Monrovia — Lawyers representing Rwanda have questioned the jurisdiction of the African Court of Human and People’s Rights (ACHPR) in adjudicating a case brought before it by the Democratic Republic of Congo. The DR Congo government accuses Rwanda of sponsoring the M23 rebels making advances against Congolese troops in the mineral-rich eastern region of the country.
The case, filed with the court in August 2023, was described as a test of the court’s ability to mediate conflicts between African states and uphold justice in the region. President Felix Tshisikedi’s administration accuses Rwanda of supporting the M23 rebels, thereby committing human rights violations as well as violating Rwanda’s obligations under the African Charter on Human and People’s Rights.
The regional court was established by African states to “ensure the protection of human and peoples’ rights in Africa”, while also complementing the functions of the African Commission.
In the case it brought to ACHPR, the DR Congo also alleges that Rwanda harbors individuals accused of serious crimes, against whom its courts have issued international arrest warrants. It calls on the regional rights court to hold Rwanda responsible, “order troop withdrawal, end support for M23, and provide reparations for damages and victims”.
Today lawyers for the DR Congo told the ACHPR public hearing that fighting in the east of the country between its forces and M23 rebels caused “massacres, occupation of several areas, mass displacement of 520, 000 people”.
Rwanda’s team of lawyers then questioned the admissibility of the statements in court, because of – among other “legal flaws” – the DR Congo’s “failure” to exhaust local remedies: “These mechanisms are fully operational, accessible and effective, a fact that the applicant has utterly failed to rebut, preferring to believe it is not bound by the usual rules of admissibility.”
From its inception, a counsel for Rwanda said, “this application has been marked by lack of coherence, procedural irregularities, and an outright disregard for the established principles governing the court’s jurisdiction and admissibility requirements”.
The team representing President Paul Kagame’s government argued that the African court should not hear the case because of “procedural chaos and substantive deficiencies”, focusing on the importance of adhering to the court’s established principles and jurisdictional limits.
“The applicant [DR Congo] has failed to establish even the most basic elements of the court’s jurisdiction, including the existence of a bonafide legal dispute at the time of filing, president of the court, honorable judges, this lack of focus was even more illustrated in the applicants, failure to entertain or even acknowledge some of the preliminary objections raised by the respondents,” another Rwandan counsel said.
The lawyers representing Rwanda accused the DR Congo of attempting to “greatly expand” the jurisdiction of the court to matters that are “beyond what you have consistently found to be within the limits of your jurisdiction”
The hearing continues on Thursday, February 13.
Heavy fighting continues in the eastern Kivu region despite a call from regional leaders for an immediate ceasefire. Tshisekedi has accused the international community of doing little in the face of “aggression” by Rwanda’s government.
Nearly 3,000 people have died since the rebels began their latest assault in January 2025, capturing the regional capital of Goma.
