Title: The challenges of the crime of aggression: from Ukraine to the Congo
Introduction :
Since the invasion of Ukraine by Russia, the crime of aggression has been at the heart of international debates. While several states are calling for the establishment of a special tribunal to try the Russian representatives, other similar situations remain in the shadows, such as Rwanda’s military intervention in the Democratic Republic of Congo (DRC). This article sheds light on the differences in treatment and explores the underlying issues of the crime of aggression, from Ukraine to the Congo.
The crime of aggression: a complex issue:
The crime of aggression, which involves the unlawful use of force by one state against another state, has been difficult to condemn since World War II. International tribunals have failed to hand down convictions for this crime since the Nuremberg and Tokyo trials. The situation in Ukraine has revived interest in prosecuting those responsible for the war, but in other cases such as that of Rwanda in the DRC, the notion of aggression is less publicized.
The Rwandan intervention in the DRC: an ignored aggression?
For nearly two years, Rwandan troops have been carrying out military operations in the DRC, in support of the March 23 Movement (M23), a Congolese armed group linked to the Rwandan government. Despite the evidence provided by the UN Group of Experts on the DRC and other organizations, the international community avoids labeling the Rwandan intervention as “aggression”. This difference in treatment raises questions about Rwanda’s responsibility and the impact on Congolese civilians.
The devastating impact on Congolese civilians:
The conflict between the Congolese army, armed groups and Rwandan troops has led to the displacement of approximately one million people in the DRC. The living conditions of these displaced people are appalling, with limited access to the most basic needs such as drinking water, food and medicine. The M23 and other armed groups are also accused of massive human rights violations, including extrajudicial executions and rape. This situation raises questions about the unequal treatment between attacks in Ukraine and the DRC.
Possible reactions to the Rwandan aggression:
States could adopt several measures to hold Rwanda accountable for its actions in the DRC. First, freeze aid to the security sector until Rwanda withdraws its troops and stops supporting the M23. Second, governments should publicly acknowledge Rwandan aggression and send a strong signal to Kigali. In addition, it is necessary to respond to the calls of Congolese civil society by creating an international criminal tribunal to judge the crimes committed in the DRC.. Finally, clarifying the jurisdiction of the International Criminal Court (ICC) to judge the crime of aggression could make it possible to prosecute Rwanda.
Conclusion :
The prosecution of those responsible for the crime of aggression is essential for the establishment of the rule of law and the prevention of future conflicts. However, it is crucial not to focus only on certain situations, but to examine all attacks, such as the one in the DRC. By ensuring justice and accountability, the international community can contribute to the resolution of conflicts and the protection of civilian populations