How the DRC Uses Courts to Push Its Propaganda Against Rwanda
The Democratic Republic
of Congo (DRC) is often portrayed as irrational or chaotic in its approach to
regional conflicts, but this perception is misleading. Rather than acting
impulsively, the DRC’s tactics are calculated and deliberate, designed to advance
a carefully crafted narrative—a propaganda campaign aimed at shaping both
domestic and international opinion. This narrative, which has evolved over
time, is now becoming a legacy passed down through generations of Congolese,
portraying Rwanda as the root cause of the DRC’s myriad problems.
This blame-shifting
serves a convenient purpose: it allows the Congolese government to avoid
confronting its own internal governance failures and deep-rooted challenges.
Instead of grappling with complex historical realities, including the enduring
impacts of colonialism and post-colonial struggles, the DRC prefers to
scapegoat its neighbor. Rwanda, geographically proximate and historically
fraught, becomes the convenient foil, particularly through the lens of threats
like the Democratic Forces for the Liberation of Rwanda (FDLR), which the DRC
links to its narrative against Rwanda.
However, this simplistic
blame game is backed by a coordinated political and intellectual effort within
the DRC. High-ranking officials—including the president, ministers, and
military leaders—have at times openly called for violence or discrimination against
Kinyarwanda-speaking communities, further deepening divisions. So-called
intellectuals and academicians, unfortunately, have sometimes lent legitimacy
to these false narratives, propagating them domestically and internationally.
Beyond its borders, the
DRC has leveraged international platforms to amplify its rhetoric. Institutions
like the UN’s Group of Experts, alongside researchers, journalists, NGOs, and
diaspora communities, have at times played complicit roles in spreading divisive
narratives. Extremist rhetoric has become disturbingly pervasive both on the
ground and online, normalizing hostile views toward Rwanda.
It’s the Courts’ Turn
Until recently, courts
remained mostly untouched by this spectacle. However, the judicial arena is now
emerging as the latest front for the DRC’s propaganda campaign. The DRC has
launched cases against Rwanda in three key judicial venues: the East African
Court of Justice (EACJ), the African Court on Human and Peoples’ Rights
(AfCHPR), and more recently, through the ICC’s reopening of investigations
centered on Rwanda. There are strong indications that the DRC may soon bring a
case before the International Court of Justice (ICJ).
These judicial maneuvers
often come with theatrical elements. For example, DRC officials attended
preliminary hearings at the EACJ, focused solely on procedural issues,
accompanied by media crews and political figures—a behavior contrary to court
procedures—demonstrating an intent to use the courts as a platform for
publicity rather than genuine justice.
This raises real concerns about the risk of courts
being co-opted into the DRC’s propaganda web. Three key factors heighten this
risk:
Mismatch of Objectives:
Courts are mandated to deliver impartial justice. The DRC’s agenda is political
propaganda. The DRC’s broad filings aim to sustain its narrative of victimhood
and portray Rwanda as a perpetual aggressor, pressuring courts to unwittingly
reinforce this agenda or face accusations of bias.
Susceptibility to
International Pressure: The DRC has successfully positioned itself
internationally as a victim, gaining widespread sympathy. This narrative may
permeate judicial spaces, challenging courts to remain truly objective amid
prevalent biases.
High Stakes of Precedent:
For courts like the EACJ and AfCHPR, these cases represent their first-ever
state-to-state disputes. They are under pressure to balance delivering
principled judgments with avoiding controversy. Yet, delivering just
rulings—even if unfavorable to the DRC—is essential to uphold the courts’
integrity and credibility.
Courts must recognize that these pioneering cases
demand strict procedural rigor and judicial restraint to set positive
precedents for future inter-state disputes.
This campaign reached a
critical judicial stage during the hearing on February 12, 2025.[1] In his opening statement Rwanda’s
Minister of Justice and Attorney General forcefully dismissed the DRC’s case,
describing it as lacking any legal foundation—“having no legs to stand on” with
“weak grounds to be admissible.” He criticized the DRC for obscuring its
litigation strategy, undermining principles of good governance and
transparency, and for filing duplicative claims before the East African Court
of Justice. The DRC’s arguments were portrayed as scattered, impressionistic,
and reliant on an unfocused array of legal instruments that lacked relevance or
applicability.
The Minister underscored
the absence of basic jurisdictional elements, noting that the DRC failed to
prove the existence of a genuine legal dispute at the time of filing and
neglected preliminary objections raised by Rwanda. Rwanda’s legal team further
characterized the claims as vague, unsupported by evidence or legal authority,
and procedurally deficient.
Professor Dopo Akande
elaborated on jurisdictional concerns, pointing out that the court’s mandate is
limited and the DRC’s claims fell outside both material and territorial
jurisdiction, particularly because the alleged violations were not connected to
Rwandan territory. Many claims pertained to peace and security issues—use of
force, aggression—which fall outside the human rights mandate of the court.
On February 13, 2025[2], Rwanda’s representatives,
Dr. Owiso Owiso and Lauraine Abowaje, further challenged the DRC on
admissibility grounds. They argued that the DRC failed to comply with key
requirements, including exhausting local remedies and meeting treaty
preconditions. Abowaje emphasized that the case rested heavily on media reports
rather than substantive legal claims, and that issues of peace and security lie
beyond the African Charter’s scope. Dr. Owiso suggested the matter would be
more appropriately handled by the African Union Peace and Security Council.
In response, the DRC
legal team insisted Rwanda supports armed groups and unlawfully occupies
Congolese land, arguing that victims cannot realistically pursue local remedies
due to repression and suspension of civil society. They painted a picture of
victims trapped by dire conditions, unable to access justice locally.
Rwanda’s Attorney General
concluded by reiterating the court’s lack of jurisdiction and the application’s
inadmissibility for multiple reasons—reliance on media reports, failure to
exhaust remedies, abuse of process, and addressing issues already settled. The
DRC’s closing remarks expressed gratitude to the court but reiterated
accusations of Rwandan military invasion, lack of judicial independence in
Rwanda, and the impossibility of victims meeting judicial requirements.
Despite this judicial
back-and-forth, the DRC has shown no sign of abandoning its narrative. It
persistently accuses Rwanda on multiple international platforms—sometimes
unrelated to the conflict, including artificial intelligence conferences,
climate summits, or global health forums—using any stage available to embed its
story. This relentless repetition of accusations aims to manufacture
legitimacy, embodying the notion that “a lie told many times becomes the
truth.”
This persistent campaign
places Rwanda in a difficult position, diverting its attention from substantive
contributions to global discussions toward defending itself against constant,
baseless allegations. Rwanda deserves the right to engage positively in
international forums without being overshadowed by unsubstantiated grievances.
If I Were the Courts
Courts are in a tough
spot, but succumbing to external pressures at the expense of justice is
unacceptable. True justice must focus on the real victims caught in the middle
of the DRC’s internal conflicts. Even an unenforceable judgment grounded in
truth is more valuable historically than silence or complicity.
This stance is not
unprecedented. In 2019, a U.S. federal appeals court dismissed the DRC’s
lawsuit against major tech companies for “forced labor” linked to cobalt
mining, pointing instead to the DRC’s internal failures—extreme poverty,
hunger, and inability to protect children from exploitative labor.
Similarly, other courts
should remind the DRC that filing lawsuits across venues will not resolve the
underlying crises. They must demand accountability for ongoing atrocities
within the DRC: lynching of civilians, daylight killings, arson, state-sanctioned
hate speech, and incitement to violence by those entrusted with protection. The
crimes committed within the DRC should be the primary focus before
extraterritorial allegations are addressed.
Ultimately, the courts
should ask the DRC: What have you done to your own people? Only after this can
extraterritorial issues like accusations against Rwanda be properly examined.
Anything less would be an abdication of judicial responsibility and an injustice
to the true victims.
[1] https://www.youtube.com/live/ZFwGv85ma4A
(AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS held a public hearing in
application no. 007/2023, DEMOCRATIC REPUBLIC OF CONGO v REPUBLIC OF RWANDA, 12
and 13 February 2025.)
[2] https://www.youtube.com/watch?v=2WxFbhgwhyw&t=3s
(AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS held a public hearing in
application no. 007/2023, DEMOCRATIC REPUBLIC OF CONGO v REPUBLIC OF RWANDA, 12
and 13 February 2025.)

Comments
Post a Comment