EACJ Hears Applications in DRC’s Case Against Rwanda Over North Kivu Conflicts

Arusha, Tanzania, 27th September 2024

The East African Court of Justice (EACJ) heard several applications in a case filed by the Democratic Republic of Congo (DRC) against the Republic of Rwanda. 

The DRC accuses Rwanda of instigating conflicts in the North Kivu region, claiming that Rwanda’s actions have violated its sovereignty, territorial integrity, and caused significant human rights violations.

In consolidated applications (No. 4 & 5 of 2024), the Attorney General of Rwanda challenged the DRC for submitting documents in French, instead of English, which is the official language of the East African Community (EAC). 

Rwanda requested the court to strike out the case due to the untranslated documents.

In response, the DRC filed applications (No. 15 & 16 of 2024), asking the court for permission to submit translated documents and additional evidence. The DRC acknowledged that some documents had not been translated in time but explained that the delay was unintentional.

Rwanda also raised a jurisdictional objection, arguing that the conflicts occurred before the DRC became a member of the EAC, and therefore, the EACJ does not have the authority to hear the case. However, the DRC countered this, arguing that the actions in question continued after it joined the EAC, giving the court jurisdiction to hear the matter.

The case was heard by a panel of five judges from the First Instance Division of the East African Court of Justice. The panel included Justice Yohane Masara, the Principal Judge, Justice Richard Muhumuza, Justice Kayembe Ignace Rene Kasanda, Justice Anita Mugeni, and Justice Audace Ngiye. These judges are responsible for presiding over the legal proceedings and will deliver their ruling on the applications at a later date

A ruling on the applications will be delivered at a later date.

Representing the Attorney General of Rwanda, Senior State Attorney Mr. Nicholas Ntarugera and Principal State Attorney Mr. Emilie Ntwari argued in favor of dismissing the case due to the untranslated documents and requested more time to review the new evidence submitted by the DRC.

Representing the DRC, Advocates Emily Osiemo, Harrison Mbori, Zebedde Elisha Ongoya, and Ivon Mingashang urged the court to allow the translated documents to be filed in the interest of justice and to allow new evidence to be admitted.

This case is notable as it is the first dispute between Partner States to be heard by the EACJ under Article 28 of the Treaty for the Establishment of the East African Community.

The Vice Minister of Justice and International Litigation of the DRC, Mr. Samuel Mbemba, led the DRC delegation during the hearing.