Congolese Diaspora Sues Rwanda’s Kagame at ICC for Ongoing North Kivu Violence

By Adonis Byemelwa

A group of Congolese citizens residing in Europe have recently filed a lawsuit against Rwandan President Paul Kagame at the International Criminal Court (ICC), accusing him of fueling the violence in North Kivu, a volatile region in the Democratic Republic of Congo (DRC).

The organization, DIPASEC, representing the Congolese diaspora in Europe, has submitted an official letter to the ICC, urging the court to arrest Kagame. They accuse him of supporting the notorious M23 rebel group, which has been at the center of the violence in the eastern part of the DRC.

DIPASEC’s appeal comes amid ongoing instability in North Kivu, where M23 has seized control of significant territory. In their letter to ICC prosecutor Tomoko Akane, the group called on international security agencies to take action and arrest Kagame, who they believe is a key actor behind the region's unrest. Kagame has been in power for over two decades, and his alleged involvement in the DRC’s conflict has long been a source of tension.

Rwanda, however, has consistently denied any involvement with M23 or in destabilizing the DRC. Kigali has rejected accusations that it supports the group, which is accused of widespread violence, including attacks on civilians, in the mineral-rich North Kivu region. While Rwanda and the DRC both belong to the East African Community (EAC), their relationship remains strained, particularly regarding accusations of interference in one another’s internal conflicts.

The situation in North Kivu, exacerbated by the complex geopolitics of the region, continues to draw international attention. The region is rife with violence from multiple armed groups, including M23 and the Allied Democratic Forces (ADF), who exploit the security vacuum created by the redeployment of Congolese forces.

 This instability has led to a humanitarian crisis, with millions displaced and an uptick in human rights violations, including sexual and gender-based violence. According to reports, over 90,000 cases of sexual violence were documented last year alone.

The United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) is gradually withdrawing, with the process already underway in parts of the country. Nevertheless, the departure of peacekeeping forces has left critical gaps, especially in regions still under threat from rebel groups. MONUSCO’s Special Representative, Bintou Keita, has called for continued international engagement, stressing that the DRC is not yet ready for a full withdrawal of peacekeeping forces, despite some political progress, such as the recent elections and the establishment of new national institutions.

As MONUSCO phases out, responsibility for managing security increasingly shifts to regional bodies like the Southern African Development Community (SADC), of which the DRC is a member. Rwanda, however, is not part of SADC but belongs to the East African Community (EAC).

This complex regional dynamic poses a unique challenge for SADC’s leadership, particularly Tanzanian President Samia Suluhu Hassan, who currently oversees the security portfolio within SADC.

The conflict between Rwanda and the DRC threatens to escalate beyond the borders of these two nations, which is why President Samia’s role as head of SADC security is critical. As the region's security head, she has both the mandate and the moral responsibility to mediate between the DRC and Rwanda, preventing further destabilization in the Great Lakes region.

To thwart the warring parties, President Samia could leverage SADC’s diplomatic and military influence in several ways. Firstly, she can spearhead diplomatic engagements through SADC, bringing together key stakeholders in the DRC, Rwanda, and the broader international community.

A high-level SADC-EAC dialogue could offer a platform for President Samia to push for a long-term political solution. The Luanda and Nairobi peace processes have made strides, but they need to be reinforced by regional powers, and President Samia could lead SADC’s efforts in this regard.

Moreover, Samia can capitalize on SADC’s military assets, including the SADC Standby Force, to provide support to the Armed Forces of the DRC (FARDC). While MONUSCO’s withdrawal continues, SADC could step in to fill the security vacuum in areas still under rebel control.

 SADC’s intervention could be coordinated with the ongoing efforts of the Southern African Development Community (SADC) Force, which is already training Congolese troops. By strengthening the FARDC and bolstering its capacity to fight rebel groups like M23 and the ADF, SADC can play a pivotal role in stabilizing eastern Congo.

However, President Samia must also navigate the sensitive issue of Rwanda’s role in the conflict. While Rwanda is not a SADC member, its alleged involvement in the DRC requires careful diplomatic handling.

President Samia, in her role as head of SADC security, could lead efforts to pressure Rwanda to cease any support it may be providing to M23, while also urging the DRC to refrain from supporting extremist militias, such as the Democratic Forces for the Liberation of Rwanda (FDLR), which pose a threat to Rwandan security.

Rwanda has accused the DRC of collaborating with the FDLR, a Hutu militia that played a role in the 1994 Rwandan genocide and continues to operate in the DRC. Kigali claims that Congolese support for the FDLR is a significant obstacle to peace, while Kinshasa argues that Rwanda’s military presence in eastern Congo and its alleged support of M23 are the true destabilizing forces. Both sides blame one another for exploiting the DRC’s rich mineral resources, which fuel the conflict.

As the head of SADC security, President Samia could propose a neutral investigative body to assess these claims, providing an impartial platform for both sides to air their grievances. This could reduce tensions and provide a foundation for more constructive dialogue. By engaging Rwanda and the DRC diplomatically and proposing a neutral investigation, she could foster an environment conducive to peace negotiations, while ensuring that both sides are held accountable for their actions.

In addition to addressing the immediate security concerns, President Samia can also play a role in supporting long-term peacebuilding initiatives in the DRC. SADC could work with international donors and humanitarian organizations to address the root causes of the conflict, including competition over natural resources and economic disparity in the eastern DRC. By promoting equitable resource distribution and supporting development programs, SADC can help alleviate the poverty and desperation that fuel armed groups like M23.

Despite the challenges ahead, there are reasons for cautious optimism. The July 2023 ceasefire between Rwanda and the DRC, brokered by Angola’s President João Lourenço, was a step in the right direction, though violence has since resumed. The ceasefire demonstrates that diplomatic efforts can make a difference, but they must be reinforced by strong regional leadership and continuous engagement from international actors.

President Samia’s leadership within SADC provides an opportunity to bring fresh momentum to these peace efforts. By combining diplomatic pressure with military support, SADC can help stabilize eastern Congo and prevent the conflict from escalating further. Her role is crucial not only for the security of the DRC but for the stability of the entire Great Lakes region.

With millions of lives at stake and the potential for even greater regional destabilization, the need for decisive action is more urgent than ever. President Samia’s leadership in SADC will be key to ensuring that the DRC’s fragile peace does not unravel and that the region moves toward lasting stability.