African Court on Human and Peoples’ Rights to Hear Landmark Case Between DRC and Rwanda

A historic legal battle is set to unfold as the African Court on Human and Peoples’ Rights (AfCHPR) prepares to hear a crucial case between the Democratic Republic of Congo (DRC) and the Republic of Rwanda. Scheduled for February 12 and 13, 2025, at the Court’s seat in Arusha, Tanzania, this case marks a significant milestone in the pursuit of justice and accountability in Africa.
Background of the Case
On August 21, 2023, the Democratic Republic of Congo (Applicant State) filed an application against Rwanda (Respondent State), citing severe human rights violations. The claims are based on multiple legal frameworks, including:
The African Charter on Human and Peoples’ Rights
The Protocol to the African Charter on Women’s Rights
The African Charter on the Rights and Welfare of the Child (ACRWC)
The International Covenant on Civil and Political Rights (ICCPR)
The International Covenant on Economic, Social and Cultural Rights (ICESCR)
At the core of the allegations are human rights violations linked to the ongoing armed conflict in eastern DRC since 2021. The conflict, involving the DRC’s armed forces and the M23 rebel group, has been exacerbated by alleged backing from Rwanda.
Key Allegations
The DRC contends that Rwanda’s actions have led to:
Massacres and occupation of several territories
The displacement of over 520,000 people
A cholera epidemic due to poor sanitary conditions in displaced populations
The destruction of schools, depriving 20,000 children of education
Widespread damage to infrastructure, including power facilities, homes, health centres, and agricultural land
The harbouring of individuals accused of serious crimes, despite international arrest warrants issued against them
In response, the DRC is seeking a court ruling that holds Rwanda accountable, orders the withdrawal of its alleged support for M23, and mandates reparations for victims and damages caused by the conflict.
Rwanda’s Defence and Court Proceedings
Rwanda has challenged the Court’s jurisdiction over the matter and questioned the admissibility of the case. Consequently, the upcoming public hearing will focus on determining whether the AfCHPR has the authority to hear the case and whether the application meets the necessary legal criteria.
This hearing is poised to set a precedent for interstate cases before the African Court, with potential ramifications for regional stability and international law enforcement in Africa.
Why This Case Matters
The outcome of this case could shape the future of conflict resolution and human rights enforcement on the continent. It highlights the role of regional judicial bodies in holding states accountable for their actions and ensuring justice for affected populations.
A Rare Interstate Dispute Before the African Court
This case stands out as one of the few instances of interstate disputes between African Union member States. As a result, the jurisdiction the African Court is called upon to exercise in this matter extends beyond its usual human rights jurisdiction, which typically involves disputes between individuals and states.
The case offers a unique opportunity to observe the Court’s interpretation of general international law principles, which are expected to play a crucial role in this proceeding. Notably, this case echoes the previous Armed Activities on the Territory of the Congo case (New Application: 2002) brought by the Democratic Republic of Congo (DRC) against Rwanda before the International Court of Justice (ICJ). In that instance, the ICJ declined jurisdiction, as none of the jurisdictional grounds relied upon by the DRC were sufficient to establish the Court’s authority over Rwanda.
This new application before the African Court will be closely watched, as it may set an important precedent for how interstate disputes are handled within Africa’s legal framework.
Stay tuned for further updates as the African Court navigates this critical case that could redefine interstate litigation in Africa.