Rwanda’s Involvement in the Conflict in Eastern DRC: The Ineffectiveness of International Law in Resolving the Fighting

The ongoing conflict in the eastern Democratic Republic of Congo (DRC) has once again brought international law into the spotlight. With the recent escalation of violence involving the rebel group M23, questions have been raised about the role of international courts in addressing such conflicts.

The DRC has a history of appealing to international justice institutions for help. Twenty years ago, the country brought a claim against Rwanda, Burundi, and Uganda to the International Court of Justice (ICJ) regarding the violence in the region. While the ICJ ruled in favor of the DRC against Uganda in 2005, the claim against Rwanda failed due to lack of jurisdiction.

The International Criminal Court (ICC) has also been involved in investigating atrocities in the DRC since 2004. In 2019, a commander in M23, Bosco Ntaganda, was found guilty of war crimes and crimes against humanity. However, the limitations of the ICC in prosecuting individuals rather than states or structures have been highlighted.

Despite these efforts, Rwanda has consistently refused to submit to international legal institutions like the ICJ and ICC. This refusal has hindered the potential of international law to address the conflict in the DRC effectively.

As Associate Professor of International Law at Roskilde University, Kerstin Bree Carlson, points out, the DRC’s appeal to international courts demonstrates a commitment to enabling international law to fulfill its promise. However, without the cooperation of all parties involved, the potential of international law to offer alternatives to force and violence remains unrealized.

The situation in the DRC serves as a reminder of the challenges faced by international law in regulating conflicts and holding perpetrators accountable. It also highlights the importance of all states, especially those participating in the international legal order, to pressure non-compliant parties to submit to international legal jurisdiction for the greater good of global peace and justice.