GIRNE AMERICAN UNIVERSITY

Institute of Graduate Studies and Research

The Creation of a Special Tribunal in International Law: The Case of

Rwandan Aggression in the Democratic Republic of Congo

Master’s Thesis

RAISSA BOKIONGA MOMBELE

GIRNE

January, 2024
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THE CREATION OF A SPECIAL TRIBUNAL IN INTERNATIONAL

LAW: THE CASE OF RWANDAN AGGRESSION IN THE
DEMOCRATIC REPUBLIC OF CONGO
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DECLARATION

I declare that: this thesis was composed by me , and this work is my own and has not been submitted
for any other professional degree or qualification
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ABSTRACT

THE CREATION OF A SPECIAL TRIBUNAL IN INTERNATIONAL LAW: THE CASE OF

RWANDAN AGGRESSION IN THE DEMOCRATIC REPUBLIC OF CONGO

Raissa Bokionga Mombele

Master’s Thesis, 203

Supervisor: Assist. Prof. Dr. Engin Ünsal

The Democratic Republic of Congo is blessed with abundant natural resources in its subsoil and is

considered like largest country in Africa. This potential is the cause of its misfortune that the country is

coveted by its neighbors including Rwanda but also by the great powers and multinationals. And for

more than two decades, its eastern part has been experiencing bloody atrocities that can be described as

aggression. Since Rwanda has not ratified the Rome Statute, it automatically becomes non-justiciable

before the ICC. Hence the need to create an international criminal tribunal for the DRC. To carry out

this study, it will be question to use a qualitative method: it is important to refer to other works, adapt it

to the circumstances in order to finally open a new breach that would certainly provide solutions to

problems but would also serve as a didactic support for lawyers, politicians and anyone interested.

Keys words: The special tribunal, International, Aggression

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ÖZET

ULUSLARARASI HUKUKTA ÖZEL BİR MAHKEMENİN OLUŞTURULMASI: FONKON

DEMOKRATİK CUMHURİYETİ'NDE RUANDA SALDIRGANLIĞI ÖRNEĞİ

Raissa Bokionga Mombele

Yüksek Lisans Tezi, 203

Danışman: Dr. Öğr. Prof. Dr. Engin Ünsal

Demokratik Kongo Cumhuriyeti, topraklarında bol miktarda doğal kaynakla kutsanmıştır ve Afrika'nın

en büyük ülkesi olarak kabul edilir. Bu potansiyel, ülkenin Ruanda da dahil olmak üzere komşularının

yanı sıra büyük güçler ve çokuluslu şirketler tarafından da imrenilmesi talihsizliğinin nedenidir. Ve

yirmi yıldan fazla bir süredir, doğu kısmı saldırganlık olarak tanımlanabilecek kanlı vahşetler yaşıyor.

Rwanda, Roma Statüsü'nü onaylamadığından, UCM nezdinde otomatik olarak gerekçelendirilemez

hale gelir. Bu nedenle, DRC için uluslararası bir ceza mahkemesi oluşturma ihtiyacı. Bu çalışmayı

yürütmek için nitel yöntemi seçtim: Sorunlara kesinlikle çözüm sağlayacak ama aynı zamanda

avukatlar, politikacılar ve ilgilenen herkes için didaktik bir destek görevi görecek yeni bir gedik açmak

için diğer çalışmalara atıfta bulunmak, koşullara uyarlamak önemlidir.

Anahtar kelimeler: Özel mahkeme, Uluslararası, Saldırganlık

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DEDICATION

I dedicate this work to my mother Claudine Buamutala, to My grandmother Anne Lubienga

and to Franck Kabwika.

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ACKNOWLEDGMENTS

First of all, I would like to thank Assist. Prof. Dr. Engin Ünsal, who despite his busy activities agreed to

supervise this work.

I would also like to commend Professor Belkis for his guidance and especially his patience. This has

been a source of motivation to complete this work despite the difficulties.

I would like to thank Professor Berkant again for the knowledge that he has been passed on with great

patience and humility. Without his teachings, addressing this subject would not be easy.

My gratitude goes to Uncle Pascal; without your help this day would never arrive.

Finally, I would like to thank all the people in one way or another who have been very supportive

throughout this adventure, THANK YOU!

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LIST OF ABBREVIATION

DRC: Republic Democratic of Congo

ICTY: International Criminal Tribunal for ex-Yugoslavia

ICTR: International Criminal Tribunal for Rwanda

ICC: International Criminal Court

ICJ: International Court of Justice

IL: International Law

UN: United Nations

SCUN: Security Council of the United Nations

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TABLE OF CONTENTS

ABSTRACT...............................................................................................................................................v
DEDICATION.........................................................................................................................................vii
ACKNOWLEDGMENTS......................................................................................................................viii
LIST OF ABBREVIATION......................................................................................................................ix
TABLE OF CONTENTS...........................................................................................................................x
1. INTRODUCTION.............................................................................................................................1
1.1. Statement of the Problem................................................................................................................1
1.2. Purpose of Study.............................................................................................................................3
1.3. The Significance of The Study........................................................................................................3
1.4. Hypothesis.......................................................................................................................................4
1.5. Assumptions....................................................................................................................................5
1.6. Definition of the Key Terms...........................................................................................................5
1.7. Limitations......................................................................................................................................8
2. LITTERATURE REVIEW....................................................................................................................9
2.1. The International Criminal Court....................................................................................................9
2.1.1. Material competence (ratione materiae)..................................................................................9
2.1.2. Jurisdiction of the International Criminal Court over the Crime of Aggression....................12
2.2. The Special Criminal Court..........................................................................................................14
2.2.1 Definition and legal basis........................................................................................................14
2.2.2. Jurisdiction of the International Criminal Tribunal or Special Court...................................16
2.2.3. Functioning of the International Criminal Tribunals.............................................................20
2.3. Rwandan aggression in the Democratic Republic of the Congo..................................................21
2.3.1. Background............................................................................................................................21
2.3.2. Armed conflicts since 2017....................................................................................................23
2.3.3. Causes and consequences of conflicts...................................................................................24
3. METHODOLOGICAL APPROACH..................................................................................................30
3.1. Research Design............................................................................................................................31
3.2. Sampling Method..........................................................................................................................33
3.3. Data Collection procedure............................................................................................................34
3.4. Method and data analysis..............................................................................................................36
4. THE ESTABLISHMENT OF A CONGOLESE COURT: RESULT AND DISCUSSION.................38
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4.1. Result............................................................................................................................................38
4.2. Discussion.....................................................................................................................................39
4.2.1. Acts of aggression in the democratic republic of congo........................................................39
4.2.2. A Possible aggression of the democratic republic of Congo by Rwanda..............................41
4.2.3. The creation of the international criminal court for the democratic republic of Congo........42
4.2.4 Selective international justice.................................................................................................45
4.3. Constraints....................................................................................................................................46
4.4. Outlook.........................................................................................................................................48
5. CONCLUSION AND RECOMMENDATIONS.................................................................................49
5.1. Conclusion....................................................................................................................................49
5.2. Recommendations.........................................................................................................................50
REFERENCES........................................................................................................................................51
APPENDIX..............................................................................................................................................56
APPENDIX 1 The Main Armed Groups Active in the Eastern Part of the DRC....................................57
APPENDIX2. List of Data consulted which do not appear in the text....................................................59
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1. INTRODUCTION

1.1. Statement of the Problem

Around the XXs, the world was shaken by different wars including the First and Second World Wars as

well as the Cold War. Then, during this period the most odious crimes were committed. Unfortunately,

many of these crimes have gone unpunished. However, in the aftermath of the Second World War, two

special tribunals were created to deal with these crimes, namely: Nuremberg and Tokyo Tribunals. In

1948, with the adoption of the Convention on the Prevention and Punishment of the Crime of

Genocide, the United Nations General Assembly recognized the need to establish a permanent

international court to rule on atrocities similar to those that had just been committed.

While discussions on the adoption of the Rome Statute establishing the International Criminal Court

continued within the United Nations (UN), the world had still witnessed heinous crimes on the territory

of the former Yugoslavia and in Rwanda.

To allow these crimes to be tried, the United Nations Security Council decided to create an ad hoc

tribunal for both cases. These Tribunals were established to try war crimes and crimes against humanity

for a specified period of time, in other words, the mandate of this Tribunal ended after its objective was

achieved. Unfortunately, not all those responsible for war crimes were convicted because they could

not be found. Revolted by injustice and impunity, some human rights institutions and NGOs pushed

the United Nations to create a permanent international tribunal. And these circumstances had a decisive

influence on the decision to convene the conference that established the ICC in Rome in the summer of

1998.
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The International Criminal Court ("the ICC" or "the Court") is a permanent international court, which

was established to investigate, prosecute and try persons accused of having committed the most serious

crimes affecting the entire international community (International Criminal Court, 2020).

In other words, the ICC is governed by the Rome Statute of July 17, 1998. The Rome Statute can be

understood as a Conference of 160 States establishing, on the basis of a treaty, the first permanent

international criminal court.

The Rome Statute provides for criminal jurisdiction at the international level over individuals, not

States, who commit the most

serious crimes of concern to the international community as a whole. It also defines the crimes within

the jurisdiction of the Court (which we are interested in), the rules of procedure and the mechanisms for

cooperation between States and the Court.

Countries that have accepted these rules are referred to as "States Parties" and are represented in the

Assembly of States Parties. The Assembly of States Parties, which meets at least once a year, shall

determine the general guidelines applicable to the administration of the Court and shall deliberate on its

activities. During these meetings, States Parties review the work of working groups established by

States and any other issues of importance to the Court, discuss new projects and adopt the ICC's annual

budget.

In addition, the ICC is the first court with global jurisdiction. On the other hand, the exercise of this

jurisdiction presents some difficulties depending on whether it is a question of knowing the crimes

committed by a national of a State not party to the Rome Statute.

As with the creation of the Nuremberg Tribunal, states did not transfer all power to the ICC to try the

responsible for war crimes. And this weakness of the ICC has left a free field for war criminals.

Consequently, after the establishing of the ICC, the great majority of violence in the world is caused by

different armed conflicts. According to the War Report, at least 171, 400 people were killed or injured

in the world’s 42 armed conflicts in 2014, . The great majority of victims are civilians( War Report,
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2014). And the Democratic Republic of Congo (DRC) is a prime example of the consequences of the

international court’s inability to address this issue , as the country is terrorize with insecurity.

DRC’s conflict kills more than 10,000000 people, mostly women and young children, due to rapes or

preventable virus. Having regards to many UN’s Reports, The DRC is not only attacked by non-

international armed (NIAG) groups but also by its border states that are members of the United Nations

and signatories of the Rome Statute such as Rwanda.

Having regard to other reports, currently the actions have been undertaken to decrease significantly the

number of armed conflicts. However, battle deaths may be down but the consequences of violence

committed by the criminals are worse than the number of deaths during armed conflict. in other words,

those responsible must be convicted and the damage done during the war must be repaired.

From the above, the ICC is unable to impose its authority and is also complicit in atrocities committed

during armed conflict. Hence, the urgency of creating a special Congolese tribunal competent to try

international crimes, especially the crime of aggression.

But how to proceed with the creation of a special court of the DRC and what are the steps, what

explains the double standard treatment of the International Community; What can be done to strengthen

the Court's jurisdiction. These are the questions that will be addressed throughout this thesis

1.2. Purpose of Study

For more than two decades, the world has shaken by international and non-international conflicts, and

civilian victims are often used as weapons of war. In other words, their dignity violated. Despite the

presence of international judicial bodies, only the law of the strongest is the best. Thus, this study aims

to find solutions so that real criminals are convicted and that the right to life and equality is recognized

as intrinsic to human life, regardless of race or religion (United Nations, 1948).

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1.3. The Significance of The Study

Although the subject has treated by several jurists; this research finds its particularity in three points:

♦ First: in dealing with this subject, the current researcher try to require the necessary information

that will serve as a solid argument that will lead to the creation of a special Congolese court;

♦ Secondly, to open a breach that will be a landmark for students of international law as well as

lawyers;

♦ And finally, to propose recommendations for strengthening the ICC's jurisdiction.

1.4. Hypothesis

The horrors committed by M23 armed groups in the Democratic Republic of Congo can be qualified as
crimes of aggression. Therefore, if it is proven that the financing or orders to this armed group came
from the Republic of Rwanda, the DRC has the right to appear before the International Criminal Court
for its sovereignty. On the other hand, the jurisdiction of the International Criminal Court is not
universal. For the ICC to know the crime of aggression and prosecute Rwanda:

Rwanda must have ratified the Rome Statute, or Rwanda must accept the jurisdiction of the court, or
the Security Council can send the case back to court. Unfortunately, there is the influence of politicians.
It seems all the doors are locked. So, to circumvent these obstacles and lead Rwanda as an alleged
criminal to be judged, the present author thinks that:

a. It would be crucial to create an international criminal court for the Democratic Republic of Congo
but before

b. States should demonstrate goodwill and support the creation of this court

c. the Congolese government should put in place a commission to research the evidence that
overwhelms Rwanda and organize a file that he had to present before the Security Council to obtain the
creation of this tribunal;
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1.5. Assumptions

This thesis assumes that the creation of a criminal international tribunal is the response to the armed
conflicts questions. Also, the United Nations must think about creating a permanent special tribunal
which would be competent to judge the crime of aggression.

1.6. Definition of the Key Terms

To better understand the purpose of this research, is important to first explain the keywords that will
guide this study. Thus, the basic terms are : the International Criminal Tribunal, the International Law
and the Crime of Aggression.

 The International Criminal Tribunal

International Criminal Tribunals “were created within the framework of the United Nations to address
grave violations of International Law committed in the early 1990s( French Republic, 2021). Those
tribunals were established for specific purposes, with each one aimed at bringing justice to those
responsible for heinous crimes. For example, the Nuremberg military tribunal was established by the
UN in 1945 to prosecute individuals primary responsible for Nazi crimes( Ferencz B. 2012). Similarly,
the tribunals for former Yugoslavia was charge of pursuing those accountable for serious violations of
international humanitarian law that occurred on the territory of the former Yugoslavia since
1991( Ascension N.& Pellet A. 1945). As you can see, these tribunals were created with distinct
objectives and for a specific duration of time. Then, the international criminal tribunals are also
referred to as “Ad Hoc Tribunals” or “ Special Tribunal”. The term “had hoc” comes from Latin and
means “for this” or for this “situation”. Nowadays, “had hoc” can describe something that has been
formed or used for a special and immediate purpose, without previous planning( The British
Dictionary, 2024). In addition, this definition better captures the essence of what is expected of the
International Criminal Tribunal.
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Secondly, the United Nations Security Council (UNSC) has an essential role in maintaining peace and
international security. Then, in the term of its mission the Security Council can issue binding decisions
for member States. To support this mission, the UNSC can create “subsidiary bodies that it deems
necessary”(Maria-Luisa C.& Damien S. 2012). Therefore, the international criminal tribunals are
subsidiary organs of the Security Council, because they entirely depend on the council and its
directives.

Finally, Antonio Cassese, the first president of the criminal tribunal for the former Yugoslavia, once
affirmed that international criminal tribunals are like “giants without arms or legs requiring the
artificial supports which are the States to walk and work” ( Antonio C.1998). In simple terms, the
proper functioning of these courts is heavily dependent on the cooperation of member States. In other
words, from its conception to its dissolution, the good collaboration of States is a crucial element for
the tribunals to operate effectively.

 The International Law

International Law( IL) defines the legal responsibility of States in their relations with each other( public
international law) and the relationship that States may have with the individuals who live in their
territory( private international law) (United Nations, 2024). Its set out the fundamental rules that
govern the relations between distinct States, including respect for territorial integrity, the principle of
good faith, the prohibition of the use of force, and the peaceful of settlement disputes( Marcelo G.K.,
n.d;). All these principles can be summed up by one fundamental principle which is the sovereignty of
States. In other words, international law governs rules that guarantee the sovereignty of States. Thus,
the violation of these principles can lead to crimes under international law such as “the crime of
aggression”.

 The Crime of Aggression

The definition of the “crime of aggression has evolved with the evolution of the legal system. During
the Nuremberg trials, the crime of aggression was considered a “crime against peace”. Interestingly,
the crime against peace involve: I)‘ planning, launching or continuing a war of aggression or a war
waged in violation of international treaties, agreements and commitments; or, ii) participating in
concerted plan or conspiracy to carry out any of aforementioned acts (Principle VI(a) of the Statute of
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the Nuremberg Tribunal, 1950). Since the Nuremberg trial, there have never been other trials against
the crime of aggression because the states did not agree on a definition.
In fact, it wasn’t until 2010 that the Rome Statute mentioned the definition of this crime. Thus, the
crime of aggression is such as crime committed by individuals who have the power and ability to plan,
organize, launch or execute acts of aggression that violates the Charter of the United Nations in the
terms of its nature, gravity, and scope( Federate Oversheidsdienst, 2024). The crime of aggression is
also referred to as a crime of leadership.

1.7. Limitations

It is important to note that the crime of aggression was added to the Rome Statute in 2010. This
addition made a significant step forward International Criminal Law. However, it wasn’t since 2017
that the International Criminal Court has had jurisdiction over this crime. As a result, the study period
for this research has been strictly reduced. It is worth nothing that there has not been a judgment over
the crime of aggression since the Nuremberg tribunal. Despite extensive research and analysis by
different authors, the lack of sources made this research difficult.
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2. LITTERATURE REVIEW

In the light of the conflicts that have led to serious human rights violations; several States have come

together to put an end to the crimes committed and to prevent a recurrence. Sadly, several years later,

the world continues to be shaken by attractions. As things have progressed, the court is faced with

difficulties related to its jurisdiction. Hence the idea of creating a special court. To the question of the

mechanisms that impede the establishment and functioning of the court, it would be wise to first

understand the functioning of the International Criminal Court.

Thus, this chapter will first address general information about the International Criminal Court

(organization and functioning), then deal with the crime of aggression and more particularly its

existence in the DRC; and finally, this chapter will examine the contours of the special tribunal; legal

basis and process for its creation.

2.1. The International Criminal Court

According to the provisions of the Rome Statute, the ICC's jurisdiction is twofold: contentious

jurisdiction and advisory jurisdiction. But this work will focus more on the ICC's contentious

jurisdiction.

To fully understand this competence, it will be divided into four sub-competences namely: material

competence (ratione materiae), personal competence (ratione personae), territorial competence

(ratione loci) and special competence or ad hoc.

2.1.1. Material competence (ratione materiae)

Under article 5 of the Rome Statute, the substantive jurisdiction of the court is limited to the most

serious crimes affecting the international community as a whole: the crime of genocide (art. 6); (crimes
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against humanity (Art. 7) war crimes (Art. 8). Without analyzing other crimes, this work will focus

specially on the crime of aggression.

The crime of aggression, or crime against peace, was introduced at the Nuremberg trials in the

aftermath of the Second World War. Of all the crimes that exist, the crime of aggression turns out to be

the most serious; because it is highly political. As Raphael M, professor of public law at the University

of Paris-Saclay reminds that: “the crime of aggression is a crime that can only be committed by people

in positions of authority at the highest level of the State who, alone, can prepare and start a war”(Marc

S., 2023). Erased from the international scene, the notion of the crime of aggression has come back to

the fore following Russia's (President Putin) attack on Ukraine in February 2022.

i. Definition and framework

For a little reminder: on 11 June 2010, at the Kampala Conference, there were extensions to the Rome

Statute and the representatives of States agreed that the crime of aggression constituted the fourth

fundamental international crime of the Statute (article 8bis of the Rome Statute).

This change entered into force after ratification by the State of Palestine. On 15 December 2017, the

state's parties triggered the court's jurisdiction over the crime of aggression.

Thus, pursuant to Art. 8bis §1 of the Rome Statute, the crime of aggression is the act of planning,

organizing or initiating an attack against the territorial integrity, sovereignty or political independence

of a State. In other words, it is an action carried out by a person effectively in a position to control or

direct the political or military action of a State, which by its nature, gravity and magnitude constitutes a

manifest transgression of the Charter of the United Nations. From this definition emerge the

constituent elements of the crime of aggression.

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ii. Constituent elements of the crime of aggression and the jurisdiction of the International Criminal

Court

• Constituent elements: as result, it can be identify the following elements: plan, organize,

launch, launch an attack on sovereignty. All of these can be grouped into two points. Thus, in order for

a crime of aggression to be constituted, there must be an attack and the perpetrator of the attack.

• An attack: can be understood as a clear violation of the UN Charter. And for an attack to be

constituted as an element of crime, it must be an armed conflict on a grand scale by its nature, gravity

and scale. For example, when we witness bombings, blockades or the invasion of a sovereign state.

• The perpetrator of the attack: As seen above, the crime of aggression is a crime of the rulers,

which means that the person who organizes or executes it must be a person actually able to control or

direct a political or military action of a state. It should be stressed that the immunity granted to heads of

state or diplomats is not taken into account in the case of a crime of aggression. Thus, the International

Criminal Court can prosecute even sitting leaders. The most recent case is the Russian invasion; The

attack was planned and executed by current leaders.

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2.1.2. Jurisdiction of the International Criminal Court over the Crime of Aggression

A highly political crime, the crime of aggression was the only crime that was not defined in the Rome

Statute and therefore prevented the ICC from prosecuting it. It was only in 2010, at a conference in

Kampala, that the crime of aggression was included in the statute. And eight years later, on July 17,

2018, the court's jurisdiction over the crime of aggression was activated, and this after several activities

of ratification stages (Assembly of States parties to the Rome statue, 2019). The jurisdiction of the

court is defined in Articles 15 bis and 15 ter of the Rome Statute. Thus, after reading these provisions,

three conditions emerge before the court exercises its jurisdiction: the temporal condition, the

procedural condition and the nationality condition.

i. Temporal condition: according to which the court exercises jurisdiction only over crimes of

aggression committed after 17 July 2018. For it was from 1 January that the Assembly of States had

taken the decision by consensus to activate jurisdiction for the crime of aggression (resolution adopted

in New York, 2017).

ii. Procedural requirements: Under Articles 15 bis and 15 ter, we have two procedural requirements:

referral by a State or by the prosecutor on his own initiative or referral by the Security Council.

Thus, according to the first condition (Art.15 bis), the prosecutor must first ensure that the Security

Council has ascertained the act of aggression, after which he notifies the Secretary-General of the UN

of the initiation of the proceedings and shares with him all relevant information and documents

(paragraph 6). It should be noted that the court's jurisdiction is limited only to States Parties that

ratified the Kampala Amendments in 2010 for acts committed on the territories of these States (of

which there are 35 to date). Also, it is up to the court to decide whether or not to take an interest in acts

that could be described as the crime of aggression. And if necessary, to activate its competence and

trigger prosecutions on the basis of tangible evidence. However, if the SC has not made a finding after
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six months following the opinion of the prosecutor, the prosecutor may open an investigation for the

crime of aggression provided that the pre-trial section has authorized the opening of an investigation

for the crime of aggression in accordance with the procedure laid down in article 15 (art. 15bis.6).

(iii) Nationality or referral by the Security Council (Article 15ter)

When the Office of the Prosecutor opens an investigation into acts of aggression and the court does not

have jurisdiction over the territory or over the State Party that has not yet ratified the amendments to

the Statute concerning the crime of aggression; The Prosecutor is seeking the Security Council.

Therefore, the nationality requirement does not apply when the UN Supreme Court refers an act of

aggression to the court for the court to determine the possible criminal responsibility of the persons

involved.

As an illustration, we can cite the case of the Democratic Republic of Congo against Rwanda before the

International Court of Justice on May 28, 2002. From 5 to 10 June 2000, the Rwandan and Ugandan

armies, aided by local armed groups, clashed in the Democratic Republic of the Congo in the territory

of Kisangani. And their heavy weapons attack caused the loss of life of several thousand people and

injuries and displacement of thousands of people (Mapping Report, 2010).

Following these acts of aggression, the DRC filed its case with the registrar. And in order to lead the

ICJ to recognize its jurisdiction and open an investigation, the DRC has attached to its file certain

international legal instruments such as the 1979 Convention on the Elimination of All Forms of

Discrimination against Women and the 1948 Convention on the Prevention and Punishment of the

Crime of Genocide. Unfortunately, the ICJ declared itself incompetent because Rwanda had not ratified

the various international legal instruments deposited by the DRC (International Court of Justice,

2006).

In addition, the opening of the investigation in court concerning the crime of aggression is subject to

strict conditions. With respect to the 2010 amendments to the Rome Statute, the application of the
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ICC's jurisdiction over aggression is limited, depending on whether or not the ICC has automatic

jurisdiction when the alleged act is committed:

• In the territory of a State Party (territorial jurisdiction); and

• By nationals of a State Party (principle of active personality);

• Unless one of the States concerned has previously declared that it does not accept the

jurisdiction of the ICC by filing a prior declaration with the Registrar. And if on this point the

intervention of the Security Council is necessary to continue this maneuver. But if, after all these

attempts, the Court still does not have jurisdiction to try the crime of aggression, we can resort to the

creation of a Special or 'ad hoc' Criminal Court.

The following section will discuss the contours of the establishment of a special court, the definition

and legal basis or the procedures that lead to its creation and for what purpose.

2.2. The Special Criminal Court

Special criminal tribunals or "ad hoc" have existed since the modernization of the international legal

system. However, it was after the Nuremberg trials in the aftermath of the Second World War that the

special tribunal was set up to prosecute individuals accused of crimes that fall within the scope of

international law. These include the crime of genocide, crimes against humanity, war crimes

(International Committee of the Red Cross, 2010) and, more recently, the crime of aggression,

especially with the Russian invasion of Ukrainian territory.

2.2.1 Definition and legal basis

i. Definition: International or ad hoc criminal tribunals were "jurisdictions established within the

framework of the United Nations, following gross violations of international humanitarian law that had

taken place in the early 1990s". The purpose of these tribunals was to prosecute those responsible for

crimes against humanity or war crimes. Over time, this court has evolved with the modernization of the
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international legal system. First, there were two military tribunals at Nuremberg and Tokyo to punish

major war criminals. Then, in the 1900s, the Security Council established two more tribunals for the

former Yugoslavia (ICTY) and its sister tribunal for Rwanda (ICTR). And the development of these

legal mechanisms remains an important aspect of some in the international system. And we have also

seen the birth of special tribunals whose mission is to try crimes of a national and international nature.

For example, the mixed tribunals in Kosovo, Bosnia and Herzegovina, East Timor, Sierra Leone,

Cambodia and, most recently, Lebanon.

ii. Legal basis

The competent body to establish a special tribunal is the United Nations Security Council. And he, in

turn, derives his discretion from the Charter of the United Nations in its Chapter VII entitled:

"Action in Case of Threats to Breach of the Peace and Aggression."

Article 39 stipulates that:

"The Security Council shall determine the existence of a threat to the peace, a breach of the peace or an

act of aggression and shall make recommendations or decide what measures shall be taken in

accordance with Articles 41 and 42 for the maintenance or restoration of international peace and

security" (United Nations).

To understand the SC's decision to create special tribunals, it is worth recalling the role of the Security

Council. The SC is a political body whose role is to ensure the maintenance of international peace and

security. And in its quest to maintain international peace and security, the charter gives it the power to

make different decisions. And according to Article 41, the SC may take measures that do not involve

the use of force to make its decisions effective. Thus, among these measures we can find the creation of

ad hoc tribunals, which are akin to subsidiary bodies: bodies that support the Security Council. (Art. 29

of the UN Charter). In the light of this article lies the binding nature of the tribunals thus created and

can function directly without taking into account the complications of ratification or accession

procedures. This is best emphasized in Article 25 of the Charter, which states that "the members of the
 16

organization agree to accept and implement the decisions of the Security Council". This position of the

SC was not unanimous and was criticized by many countries that did not want to sign the statute such

as India or France. But given the discretionary power conferred on it by Chapter VII, even states that

are not parties to the various statutes and resolutions can be subject to the decisions of the Security

Council and must be cooperative (Germa A.R., Kahina M., Marie-José A.R., 2016).

From the foregoing, I can affirm that ad hoc tribunals derive their foundation from Chapter VII of the

Charter of the United Nations. For example, in its resolutions 808 and 955, the UN Security Council

considers that in the particular circumstances that prevail in the former Yugoslavia since 1991 as well

as in Rwanda in 1994, the establishment of an International Tribunal would "contribute to the

restoration and maintenance of peace" and specifies that in establishing it, the UN Security Council

was acting under Chapter VII of the Charter of the United Nations.

But what is the jurisdiction of such a court? Does it replace the International Criminal Court? Or does it

support the International Criminal Court? The answers to these questions will be given in the next

section.

2.2.2. Jurisdiction of the International Criminal Tribunal or Special Court

In general, the role of the international tribunal is to prosecute the perpetrators or sponsors of serious

crimes that violate the Geneva Convention of 12 August 1949, i.e. acts directed against civilians and

non-combatants or objects protected by the provisions of the above-mentioned convention. These acts

are set out in article 2 of the updated Statute of the International Criminal Tribunal for the Former

Yugoslavia:

1. intentional homicide;

2. torture or inhuman treatment, including biological experiments;

3. intentionally causing great suffering or serious bodily harm or bodily harm or health;

4. the destruction and appropriation of unjustified property by the military and carried out on a

large scale in an unlawful and arbitrary manner;

5. coercing a prisoner of war or civilian to serve in the armed forces of the enemy power;
 17

6. depriving a prisoner of war or a civilian of his or her right to a due and impartial trial;

7. the unlawful deportation, transfer or unlawful detention of a civilian;

8. the taking of civilians as hostages.

Thus, the jurisdiction of the International or Ad Hoc Criminal Tribunal will be categorized into:

rationae materiae(i), rationae personae(ii); rationae loci et temporis(iii) and finally concurrent

jurisdiction(iv).

i. Material jurisdiction (rationae materiae)

At the time, the International Criminal Court was created to prosecute the perpetrators of crimes that

violated international or even national law: war crimes, genocide, crimes against humanity, and since

the amendment of the Rome Statute in Kampala, the ad hoc criminal court will also have jurisdiction to

try the crime of aggression. Recall that unlike the International Criminal Court; Ad hoc tribunals are

established to deal with specific offenses and offenses related to those for which the tribunal was

established. For example, the International Criminal Tribunal for the former Yugoslavia was established

to try persons responsible for serious violations of international humanitarian law committed in the

territory since 1991 (United Nations, 2009).

More precisely, the mass killings, detention and mass rape of women, organized and even the

destruction of an ethnic group (Security Council, 1993). And

Rwanda's was created only to prosecute the alleged perpetrators of the genocide that occurred in

Rwanda in 1994.

ii. Rationae personae

Without seeking any meaning, this jurisdiction refers to persons presumed to be responsible for serious

violations of international law. Thus, the International Criminal Court has jurisdiction to prosecute
 18

natural and non-legal persons. But what is the quality and nature of the perpetrators who can be held

accountable before the International Criminal Court? Article 7 of the updated Statute of the ICTY sets

out the criteria for criminal responsibility:

• Any person who has planned, instigated the commission, ordered or assisted in the planning or

execution of any of the crimes under international law shall be individually responsible for that crime.

• The official or diplomatic status of the accused person, either as Head of State or Government,

does not exempt him from criminal responsibility and his position will not have an impact on the

reduction of his sentence.

• A superior is also criminally liable for acts in violation of the Geneva Convention committed by

his subordinate if, and only if, he knew or had reason to know of the act that his subordinate was about

to do or the act he carried out. Without stopping him.

• A subordinate or accused person who has carried out an order given by a member of

government or his superior causing crimes under international law will be criminally liable. Except that

it will lead to the reduction of his sentence.

For example, the International Criminal Tribunal for Rwanda is the first to prosecute the country's

leaders and high-ranking personalities. Like Akayesu, mayor of Taba (a city in Rwanda) during the

Rwandan genocide or Jean Kambanda, prime minister of the interim government of Rwanda during the

100 days that lasted the genocide (Michael P.S., 2012). The various people were convicted of

participating in the crime of genocide in one way or another.

 19

iii. Jurisdiction rationae loci et temporis

A special court, or ad hoc, is a court created for a specific purpose and in a specific space.

• Rationae temporis: Unlike the International Criminal Court, which is permanent, the

International Criminal Court is established for a limited time. In other words, it disappears with the

case for which it was created, i.e. still on the date scheduled for its extinction.

To understand this point, we can dwell once more on the criminal tribunal for Rwanda. The tribunal

was established to deal with the crime of genocide committed in Rwanda in 1994 and from 1997 to

before the end of 2008. And according to the prosecutor in charge of the case, the court was due to try

about 86 criminals before the end of 2008 (Dennis B., 2008). However, until June 2008, the court still

had the cases pending. This led the SC to adopt a resolution on the end of the term strategy on 28

August 2003. Thus, the end of the mandate was extended from 2008 to before the end of 2010. Despite

the two years added, the prosecutor was still unable to manage all the cases due to lack of time and

again pleaded for the extension of the end of the mandate in 2012. This means that although the

tribunal is established for a specific period of time, it is possible that the SC will decide to extend it

given the magnitude of the cases in progress. On the other hand, the International Criminal Tribunal

for the former Yugoslavia

• Rationae loci: international criminal tribunals are created for a state that is a victim of violations

of the Geneva Convention that have taken place on its territory. And according to this jurisdiction, the

court can try any person who has participated in one way or another in the commission of criminal acts

without regard to his nationality.

iv. Concurrent Jurisdiction

Concurrent jurisdiction is that more than one court is competent to hear and judge criminal or private

cases. In the case of our study, we will limit ourselves only to criminal cases. Despite international

tribunals, the national courts of states are also competent to adjudicate international law committed on

their territory. Since they are established under Chapter VII of the Charter of the United Nations,

international criminal tribunals have primacy over national courts. For example, the primacy of the two
 20

Tribunals for the Former Yugoslavia and Rwanda over national jurisdictions is clearly reflected in

articles 8 and 9 of their respective statutes. Thus, these courts can ask the national courts to dismiss the

case in their favor at any level of the proceedings (José Luis d.l. C., 2002).

2.2.3. Functioning of the International Criminal Tribunals

The Tribunal is composed of three organs: The Chambers, the Office of the Prosecutor and the

Registrar.

In addition, according to the various statements made by the Prosecutor to the Security Council, we

note some difficulties preventing the proper functioning of the ICTY:

• The funding problem;

• bad faith and lack of cooperation on the part of individual States;

• the lack of police to assist the court in arresting suspected criminals;

• Political influence;

As mentioned above, international or ad hoc criminal tribunals are international tribunals established by

the Security Council to prosecute persons who have committed acts of violation of the Geneva

Convention for a specific period of time. And also, the ICCs have primacy over national jurisdictions

and this power is guaranteed by Chapter VII of the Charter of the United Nations.

In the past, these tribunals were created to try the crime of genocide, but will it have jurisdiction over

the crime of aggression committed in the Democratic Republic of the Congo? Before attempting to

answer this question, it is necessary to begin by giving a brief overview of the aggression suffered by

the DRC by its neighbors and more particularly the Rwanda.

 21

2.3. Rwandan aggression in the Democratic Republic of the Congo

Article 1 of Resolution 3314 defines aggression as "the use of armed force by a State against the

sovereignty, territorial integrity or political independence of another State". The same article explains

what it means by the term "State": the use of the term "State" in the above-mentioned resolution

concerns each State, whether or not it is a member of the United Nations. And this term also refers to

the concept of "state groups".

Thus, this section will present a brief overview or history of Rwanda's aggression against the

Democratic Republic of the Congo (2.3.1), followed by the causes and consequences of the aggression

(2.3.2).

2.3.1. Background

The Democratic Republic of Congo, is a country located in the center of Africa, it is 4 times larger than

France with an area of 2,345,000 Km2. The DRC is a geological scandal and is home to "47% of the

world's cobalt reserves, 30% of the world's diamond reserves, 10% of its copper, as well as very

important qualities of gold and manganese" (Arthur B. and Eisa T.,). Also, the DRC is surrounded by 9

neighboring countries that covet it, especially Rwanda. This strategic position, and its geological

potential, are surely one of the causes of its misfortune. As a reminder, the Democratic Republic of

Congo was rocked by two major wars. The first war took place from 1996 to 1997, while the second

took place from 1998 to 2003.

From 1996-1997: The genocidal period and the first war

In the aftermath of the Rwandan genocide in 1994, several thousand Rwandan Hutu refugees fled their

country and settled in eastern DRC, specifically in the North Kivu region. Among the refugees, there

were not only civilians but also genocides (who exterminated the Rwandan Tutsi people) who would
 22

later participate in the creation of the Democratic Forces for the Liberation of Rwanda (FDLR) in 2001

(Julien M., 2008). Rwandan refugees have crossed the border not only with their belongings but also

with their culture; and this situation of war and this influx of refugees has impacted the lives of the

indigenous population and has led to the creation of new living conditions (Maxime K. 2012).

From 1996 to 1997, a bloody rebellion broke out in the eastern part of the DRC, caused by Congolese

rebels, assisted by Kigali to overthrow the government in Kinshasa. Kagame accuses the FDLR of

using the refugee camps as a rear base to attack Rwanda and regain power. Thus, Rwanda participated

in the rebellion to get rid of the Hutu rebels but above all to take part in the division of the DRC's

minerals. This marked the end of Mobutu's rule and the beginning of Laurent Désiré Kabila's reign in

1997. Very Laurent wanted Kabila wanting to get rid of his main sponsors (Rwanda and Uganda) who

had become too greedy and troublesome. In 1998, Kabila finally got rid of his allies and expelled

Rwandan subjects from Congolese soil as well as from institutions. Disgruntled, Rwanda and Burundi

decided to support a rebellion to oust Kabila's power, and the Second Congo War broke out in 1998.

ii. From 1998 to 2002: the Second Congo War

From August 1998 to December 2002, the Democratic Republic of the Congo was the scene of

atrocious massacres. This war, which many authors describe as the African World War, saw the

participation of more than 9 African countries and about thirty armed groups. These countries are:

Angola, Zimbabwe, Namibia, Chad, Libya, Sudan, Rwanda, Burundi and the Democratic Republic of

Congo. In 2001, President Kabila was assassinated and was soon replaced by his son. The country is

divided into 4 parts, and each part is led by local armed groups and assisted by the regular armies of

Rwanda and Burundi. After several negotiations between the government and the armed groups,

various ceasefires and peace agreements were signed. This officially led to the end of the war in 2003.

Despite these commendable efforts, the war continues in the north-east of the Democratic Republic of

the Congo to the present day.

 23

After this brief historical review, it would be appropriate to take a look at the conflicts that have been

taking place in the north-east of the DRC since 2017, which is the year in which the ICC's jurisdiction

was activated in the face of the crime of aggression.

2.3.2. Armed conflicts since 2017

As in every conflict since 1996, armed groups act as executioners of the population supported by

neighboring states. And this period is marked by the rebel group called the "March 23 Movement, or

M23". The M23 was created in August 2012 as a school of thought. And in November he withdrew

from the peace agreements signed earlier.

• In November 2012, M23 rebels attacked the positions of the Armed Forces of the Democratic

Republic of Congo (AFDRC) and took possession of the city of Goma in North Kivu for 11 days.

Fighting broke out between the two armies and in November 2013, the Congolese army pushed the

M23 out of the DRC's borders. Not surprisingly, the fleeing rebels have fled to Rwanda and Uganda

and some have joined training centers in those respective countries. And little by little, all the rebels

empty the place.

• In November 2021, unexpectedly, the M23 militant group blasted FARDC military positions

from the DRC's borders with Uganda and Rwanda. And push the Congolese army to withdraw. And as

in their modus operandi, they sow terror among the indigenous populations and continue to attack the

positions of the Armed Forces of the Democratic Republic of the Congo to the point of encircling them.

In June 2022, they invaded the city of Bunagana, a very strategic and commercial city where trade

takes place. And since then, the Congolese Armed Forces have been unable to recover it.

The government in Kinshasa is alerting the world and accusing Rwanda of supporting the M23 to

occupy the eastern part of the DRC (Reuters, 2022). And several observers have also supported the
 24

DRC's position. For example, the Security Council's panel of experts claimed in a confidential report

that Rwanda and Uganda are arming the M23 rebels.

From the above, we have tried to give a historical and chronological overview of the conflicts taking

place in the north-eastern part of the Democratic Republic of the Congo. In other words, to recall the

origin and evolution of wars that never cease to record victims. At this point, a question deserves to be

asked: what are the causes and consequences of this war?

2.3.3. Causes and consequences of conflicts

2.3.3.1. The causes

To fully understand the atrocities taking place in eastern DRC, it is necessary to remember the colonial

legacy. Thus, the history of the East cannot be dissociated from colonial history because the effects of

colonialism are still present. The causes of conflict can be categorized into two levels: the local and the

regional.

At the local level, we have:

• Colonialism and Racist Theories: In colonial times, the Libra man was seen as a role model and

a superior being that everyone should respect and worship. And they used to favor one ethnicity over

the others. And this theory that is the basis of ethnic tensions. The integration of Rwandan refugees in

the DRC has created ethnic conflicts between the natives and other tribes from Rwanda. That can be

described as a land dispute.

• Centralization of power: The central government's poor treatment of the authorities creates

frustration and pushes local authorities to revolt. As a result, we are witnessing the total absence of

power, the state.

 25

• The economy; the eastern part of the DRC is a sink of natural resources. Unfortunately, there is

an unequal distribution of wealth. The only profiteers are the rulers. Again, this situation creates

discontent.
 26

At the regional level:

It should be remembered here that the countries of the Great Lakes, in this case Rwanda and Uganda,

share the same colonial history, as they were all Belgian colonies. In addition to political and social

reasons, other factors of insecurity are; the Rwandan genocide, the Great Lakes conflicts and the trade

of armed groups.

• As we have seen above, the Rwandan genocide was the major reason for the outbreak of the

1996 war; Fleeing reprisals in Rwanda, Hutu refugees have settled in the DRC, including genocide

perpetrators. The Tutsie, coming to power and fearing to be overthrown by the Hutu, decided to get rid

of the Hutu who were in refugee camps in the territory of another sovereign state. And this caused the

death of several Hutu and non-Hutu people. And the Rwandan army's invasion at that time marked the

beginning of a protracted conflict.

• There has been a series of unrest in the region and the rebels have taken refuge in the DRC.

Fearful of confronting armed opponents and protecting their borders, the DRC's neighboring countries

had decided to attack the position of their respective militants taking refuge in refugee camps in eastern

Congo. Which they referred to as a rear base. For example, Rwanda accuses the Democratic Republic

of Congo of financing the FDLR to justify its various invasions.

• Trade by armed groups: insecurity creates a situation of absence of state power. This is why I

must maintain my conflicts in order to finally exploit the wealth of the DRC illegally. In this trade we

find local armed groups, officers of the Congolese army, as well as neighboring countries.

For example, Rwanda, which is not a producer of coltan, is currently the leading exporter of coltan. Or

Uganda has built a road that connects the DRC and Uganda to facilitate the flow of raw materials.
 27

2.3.3.2. Consequences

The armed conflicts in eastern DRC are a scene of bloody massacres. Its impact is felt at all levels of

life. After research, we have identified some consequences on different levels: humanitarian, political,

economic, social, security and cultural.

• On the humanitarian front: Many reports by observers and experts indicate that more than one

million people have been internally displaced and have found refuge in camps for war-displaced

persons and are living in an advanced state of precariousness. Still others, more than 300,000, have fled

to neighboring countries such as Rwanda, Burundi, Uganda and Tanzania. Armed conflicts have

caused the loss of human lives by the thousands, and many researchers such as Charles Onana estimate

the number of deaths at 6,000,000 since the beginning of this war( Charles O. 2023). This makes it the

deadliest conflict in human history. To this we can add gang, organized and systemic rapes.

• Economically, this situation has negative consequences for the local economy and, moreover,

for the entire republic. As a result of insecurity, rebel-occupied areas are becoming ungovernable and

leading to income leakage. For example, taxes and customs are outside the control of the central

government. Mining companies that were opening legally are forced to close and make way for

informal businesses. Indigenous people abandoned the fields and livestock, which led to starvation and

forced them to move. To date, Rwanda has a gold refinery plant while the DRC has a large gold

reserve. Rwanda is now the leading exporter of cobalt, even though it does not produce it.

• On the cultural front: following the massive influx of Rwandan and Ugandan civilian and

military refugees, there has been a problem of integration which has led to ethnic tensions and land

problems. This makes prey easy for predators. For example, there is often civil war between different

ethnic groups that causes loss of life and property.

• Politically: According to the law of war, there are properties that cannot be attacked during

combat and among these goods are: schools, churches, hospitals, places with a high concentration of
 28

people, cultural buildings. However, during the fighting, social buildings and cultures were among the

targets or weapons of war. There have been fires, looting of medicines, medical and school equipment,

and demolition of buildings. And out of fear, many of the centers have closed. The most severe damage

on the social level is the "loss of reference points by the population and the conditioning of the agent of

the State to resourcefulness".

• On the security front: the country is becoming more and more unmanageable, and in many areas

of the Northeast, as well as everywhere else, there is a total absence of state authority. In these areas, it

is the strongest who make the law and want to be respected. And many tongues are loosening to cry out

about the risk of balkanization.

• At the political level: After each electoral cycle, the Congolese people, and especially those

affected by armed conflicts, hope to obtain reparations and a return to lasting peace. Once the new

government is installed, they start signing deals with alleged predators and the people feel betrayed.

Not knowing where to turn and trust anyone who comes along like the Messy. Politicians find it

difficult to characterize crimes, lack evidence to investigate, and trust between the government and the

population is gradually disappearing. The government is seen as complicit in the massacre. And the

enemy is taking advantage of this lack of confidence to continue to deploy and settle. The lack of trust

is at every level, even within the army that has to fight enemies.

What is serious is that, because of the famine, the indigenous populations have become allies of the

executioners, and that is what makes it difficult for the Congolese armed forces to do so, because

they cannot count on their superiors, observers or organizations, but especially not on the local

population. And the war is far from over.

To answer the question of a possible creation of the International Criminal Tribunal for the DRC,

against Rwanda, it was first necessary to define the contours of the international criminal tribunals,

their functioning, the stages of their creation and, above all, their jurisdiction. Then it was necessary
 29

to briefly recall the origin of armed conflicts, the different participants, the modus operandi. Finally,

to give the causes and consequences of conflicts at all levels: political, economic, etc.

After examining and collecting all the elements, it is now time for the results and the discussion that

will lead to conclusions that will surely be useful for present and future generations
 30

3. METHODOLOGICAL APPROACH

For several years now, the eastern part of the Democratic Republic of Congo has been affected by

recurrent insecurity that some refer to as a holocaust (Charles O, 2023). Despite numerous attempts at

the local, regional and international levels to find suitable solutions. Many researchers and observers

have tried to understand the causes of these conflicts and a few main reasons come up each time: the

geological potential that the country abounds, its surface area (we are talking about the second largest

country in Africa), ethnic conflicts and especially the problem of neighbors with its 9 bordering

countries. And these armed conflicts undoubtedly claim victims on the part of the civilian population:

the various reports speak in particular of the millions of dead, the several thousand displaced, as well as

the material damage. Behind these massacres, there are armed groups, mainly the M23. But several

voices have been raised to denounce Rwanda's possible involvement in the financing of armed groups.

The accusations that Rwanda totally rejects and try to make it known to the whole world. What is

surprising about this case is that even if the Democratic Republic of Congo decides to transfer the case

to the ICC so that Rwandan officials can be prosecuted, it will not win the case because Rwanda has

not ratified the Rome Statute so the ICC does not have jurisdiction to hear the case. Faced with this

difficulty, the present author asks whether there are no other ways to circumvent this problem and hold

Rwanda accountable.

So, while conducting research, we came across the possibility of the creation of an international

criminal tribunal for the Democratic Republic of the Congo. But how to achieve the creation of this ad

hoc tribunal in order to finally obtain redress was the main question that had to guide this study.

To carry out this project properly and try to solve the problem, we had to proceed according to a

methodology, and we chose the qualitative method. To do this, the first point will describe research

design (3.1), then the sampling method (3.2) and finally the data collection procedures (3.3.).
 31

3.1. Research Design

The qualitative method was used in this research . According to Henri D. (2007), "qualitative research

is a methodology of proximity. Because it allows to:

• of life in its complexity and its movement as it is given and apprehended:

• experience as it can be directly observed without any manipulation;

• of speech, of its enunciation, of its organization in action;

• the immediate contexts of the experiences or phenomena studied;

• the meaning of experiences as it can be apprehended or constructed of people's experiences in

their intimate, social or cultural world;

• of the subjectivity" (idem, 2007).

This qualitative method will be used under different approaches, namely: the legal approach, the social

approach and the empirical approach.

i. The empirical approach: "The empirical approach is defined as any research whose conclusions are

strictly drawn from concretely empirical evidence, and therefore from verifiable evidence (Adi B.

2014). For example, for this study, the aim was to observe similar situations with what is happening in

the Democratic Republic of the Congo, to see how the world reacts, what solutions are proposed and,

above all, what is the approach adopted to achieve lasting solutions. And here we can cite a practical

case of the war in Ukraine. Therefore, the empirical approach is very important to conduct this study

well. The empirical approach allowed us to authenticate our position through various experiments and

observations and this made our approach more competent. Thus, throughout this study, we were able to

understand not only the changes that had occurred, but also to reframe things according to the

consequences. Then there is the legal approach.

 32

ii. The legal approach: according to Jean-Louis B. (2021) it is a "study of the processes and methods

that lawyers must implement in their various activities of research, creation and application of law and

in general, to solve the various problems they face".

And for this project, this approach made it possible to verify whether the problem we wanted to deal

with was really a legal problem, and if so, what are the texts that define it. How to interpret it according

to the spirit of the legislator and, above all, how to apply it in the treatment of problems. And above all,

its efficiency. And finally, the social approach

iii. the social approach: this is very important in order to confront the law with social facts. It is true

that there is the law, deals with many subjects, but suffers from application or follow-up. For example,

there is a law and reports that deal with the issue of aggression, its principles, its application. It has

been noted that despite the laws, the crime of aggression is still alive. This allowed us to see its

application in the field.

To sum up, this approach consists of collecting the data, analyzing them, interpreting them and finally

bringing them to a conclusion.

 33

3.2. Sampling Method

The study focused on the situation of massacres in the eastern part of the Democratic Republic of the

Congo. This is a situation that involves several actors: rebels, armies, the international community and

the population of the Democratic Republic of Congo and more specifically the victims of this war.

It would be desirable to go down to the field, to feel the situation with his finger, to collect testimonies

from victims and the various associations on the spot. But it requires a lot of resources and also time.

So, we weren't in a position to do that. However, we have focused on the works of authors who have to

write before us, to follow online shows or documentaries. The preparation of this project was at least

two semesters.

In addition, completing this study was not an easy task. Because the subject of aggression has not been

in the news since the last tribunals in Nuremberg and Tokyo. As a result, there is not enough

documentation. And despite this, we were keen to complete this study.

 34

3.3. Data Collection procedure

Simply put, data collection is a process of gathering information for a specific purpose. In our case, it

was a question of gathering enough information on the crime of aggression and the possibility of

creating a criminal court specific to the Congolese capable of judging the crime of aggression.

For the collection of the data, the present author asked himself what information he needed and drew

up a collection plan; Then came up with a hypothesis based on the data collected. This step is very

important during a research study. To achieve the desired results, certain techniques must be used:

investigation, interviews, testimonies, observations, etc.

But since we were not in a position to conduct surveys and interviews, we opted for the technique of

documentation or observations.

The observation allowed the present author to focus on the behavior of the various actors involved in

the war in the DRC rather than limiting himself to the declarations. By observing the way people

behaved, we were able to describe the situation, explain it and ask questions about how it worked.

Let us remember that before starting the research, we have a vague idea about the crime of aggression,

about the competent court to know the crime and especially about the conditions to bring the case to

justice. In this practical case, we didn't know much about the subject, so the observation pushed us to

dig even deeper and have the clear information on the subject. For example, to qualify the acts that are

happening in the DRC, we observed the behavior of the Prosecutor General of International Criminal

Matters, the Security Council, the government and we said to ourselves that there is something wrong.

And the present researcher wanted to have access to the truth about the massacres in the eastern part of

the DRC. After that, we're going to look for some research.
 35

Documentation: this is a technique that has allowed us to collect the various books, journals, laws, texts

related to the crime of aggression or the creation of the International Criminal Court.

ii. Data collection steps

• Find relevant pieces of information: In order for a topic to be validated as dealing with a legal

issue, that issue must be provided for in a legal text. Following the principle of "sine lege nulla

crimen". This means that the law did not provide for does not exist. So, this step consists of looking for

the different legal texts in order to justify our approach.

• Prioritize: A series of questions were developed about the importance of the study, what are the

objectives of the study? Here we rank the most important points as the least important.

• Resources: Law school is often based on the empirical method, as it uses what has existed to

confront the facts in order to draw conclusions. This was the most difficult step because it involved

looking for information that fit the topic. For this project, we consulted the university library which had

only old books and none of them talked about the crime of aggression or even less about the ad hoc

criminal courts. We also consulted the documents online, although many of the books were subject to a

fee. The most difficult part was to ask clear and concise questions to get the books you were looking

for.

• The problem: here, we formulated questions that we thought were relevant, questions that we

used to achieve the desired results.

• Data analysis: After collecting the data and creating documentation, the next step was to analyze

the recollected data. It was a question of reading carefully, of understanding the idea of the different

authors, of different texts. This allowed us to have more knowledge about the subject that was being

discussed. There were different opinions to the contrary which had to be reconciled and an opinion of

its own or original.

•
 36

• The conclusion: this step took place after collecting, processing, analyzing and interpreting the

data. The purpose of this study was to see if there was a possibility of creating an international criminal

tribunal for the Congo and thus try the alleged perpetrator of the crime, which is Rwanda. But first we

had to understand the problem, its nature and how it works. To do this, we needed documentation,

which we used to finally find solutions that could help future researchers.

To summarize the procedure, there was: data collection, analysis of the data collected and finally the

conclusion.

3.4. Method and data analysis

• Method: This is an approach to follow when conducting a study. For this project, we chose the

qualitative method. It allowed us to collect non-numerical data. It also helped us analyze different

thoughts, opinions, and so on. Thanks to this method, we were able to identify the problem, analyze the

solutions proposed before, and find solutions that we thought were important.

But the great difficulty was the processing of the information collected; for you had to choose what was

important and what wasn't, and you had to read a lot.

• Data analysis: As we mentioned above, data collection was very difficult. Following the means

of access, and again the cost of online works. But there are many sites that offer students the

opportunity to consult books for free.

And in doing some research, we had to collect a lot of data, but one observation was that the different

authors who deal with the subject of aggression or who talk about international criminal tribunals have

the same information. And yet there is not enough case law on the subject. As a result, we consulted a

lot of books, but few appear in the text since many authors repeat themselves. And faced with this

difficulty, it was necessary to try to understand the circumstances in which many authors had written,

that is, to enter into the minds of the authors. Despite this, the information collected allowed us to fully
 37

understand the situation and through the observation of the different actors, different behaviors and

facts that we came to a conclusion.

In addition, the method is very useful in a research process, because it allows you to set up a path to

follow to arrive at precise results. For this study, the choice was made on the qualitative method which

allowed us to grasp the contours of the subject treated. Different approaches were used, namely the

legal, social and empirical approaches. Since we were unable to conduct surveys, we simply chose the

observation technique to properly identify the behavior of the actors and the concrete facts. To achieve

this, we collected and analyzed the data to arrive at a conclusion that proposes solutions to be applied

to remedy the problem.

 38

4. THE ESTABLISHMENT OF A CONGOLESE COURT: RESULT AND DISCUSSION

After examining the works of different authors and several legal documents; in that chapter it will be

first a question of proposing the results found following the research. Then, these results will be

confronted with the problematic posed at the beginning. Finally, the interpretation as well as the

particularity of this research.

4.1. Result

This section will answer the following questions: Can the acts taking place in the DRC be classified as

aggression? Did Rwanda commit the crime of aggression? Can an international criminal tribunal be

established for the DRC? The answers to these questions are:

• The acts perpetrated in the north-eastern part of the Democratic Republic of the Congo can be

described as acts of aggression.

• It is possible to establish Rwanda's responsibility for armed conflicts in the DRC.

• There is the possibility of creating an international criminal tribunal for the Congo, but this

remains a rather difficult and even complicated task.

• Selective justice by the international community

 39

4.2. Discussion

Here it will be a question of examining the results of the research and verifying their early feasibility. It

should be noted that since the post-World War II era, there have never been precedents for the

prosecution of the crime of aggression. Fortunately, Russia's invasion of Ukraine drew the attention of

the international community to the notion of the crime of aggression (Levine-Spround D.2023). So, this

discussion will from time to time compare the two situations: the war in Ukraine and the rebel attacks

in the East of the Democratic Republic of Congo) to finally propose a conclusion.

4.2.1. Acts of aggression in the democratic republic of congo

4.2.1.1. Legal basis

An act of aggression is the use of armed force by a State against the sovereignty, territorial integrity or

political independence of another State in violation of the Charter of the United Nations.

Recalling that when a State first uses armed force in violation of the charter, it commits a crime of

aggression (article 2 of resolution 3314).

Article 3, on the other hand, lists the acts which constitute the crime of aggression. And underlines that

the commission of one of its acts, whether there is a declaration of war or not, meets the conditions for

an act of aggression. Among the different acts we will highlight a few:

• the invasion or attack of a State on the territory of a State or sovereign or any temporary

military occupation or even the annexation of the territory of a neighboring State;

• the bombing of a sovereign state

• the blockade of ports and borders, (…);

• the sending by a State or on its behalf of bands, armed or mercenary groups which engage in

combat in the territory of another State meets the conditions for a crime of aggression.
 40

4.2.1.2 Application

February 24, 2022, a date which marks the start of the Russian invasion on Ukrainian territory. On this

date Russian President Vladimir Putin had ordered his army to begin attacks against another sovereign

state, which is Ukraine. The charter defines the crime of aggression as “planning, preparation,

launching or execution by a person who has control over the political action of a State”. And the act of

aggression is the lack of respect for the sovereignty of another State. With regard to these definitions, it

is undoubtedly true that in the case of Russia, the crime of aggression did indeed take place because it

was planned and ordered by the president in office. And invading Ukrainian territory is an act of

aggression.

Unlike the Russian attacks in Ukraine, those suffered by the Democratic Republic of Congo are carried

out by non-regular armed groups, notably the M23. The crime of aggression, as defined in the United

Nations Charter, is a crime of leaders. That is to say, those who have effective control over the political

or even military action of a State. Because of this definition, M23 fighters cannot be tried for the crime

of aggression since they do not have control over the political action of a State. However, these rebels

commit acts that can be described as crimes of aggression due to their “seriousness”. For example, in

March 2022 the M23 intensified clashes against the Congolese army and in “June 2022 they seized the

town of Bunagana, located on the border with Uganda and Rwanda” (International Organization for

Migration, IOM, 2O22). And according to some sources, they still occupied some territories.

If we limit ourselves firstly to the definition of the act of aggression which is the use of force against

another State, the M23 could be prosecuted for the crime of aggression. But except that the M23 does

not officially represent a State. Second, if we imply the definition of invasion and blockade, it is

undoubtedly true that the M23 did commit acts of aggression.

But a difficulty arises regarding the quality of the people who are committing these acts of aggression.
 41

Thus, we can affirm that the acts taking place in the Democratic Republic of Congo can be qualified as

acts of aggression and therefore constitute a crime of aggression. Although they are committed by non-

regular armed groups.

4.2.2. A Possible aggression of the democratic republic of Congo by Rwanda

As seen above, the illegal use of armed force by another state can be qualified as a crime of aggression.

For example, the fact that the Russian president attacked or ordered the invasion of Ukraine constitutes

a flagrant act of the commission of the crime of aggression. On the other hand, a totally different

approach compared to the disastrous situation happening in the Democratic Republic of Congo.

Several observers claim without providing tangible evidence that it is Rwanda which is attacking the

DRC. As, Daniel Levine-Spound (2023) states that over the past 21 months, Rwandan troops have

carried out military operations in the Democratic Republic of Congo. According to the United Nations

group of experts on the DRC, Humans Right Watch and other organizations, Rwandan troops

intervened both unilaterally and in support of the M23 Movement.

In this same vein, the Congolese government, through its Minister of Information Patrick Muyaya,

accused Rwanda of having deployed a new “column” of its army in the east of the Democratic

Republic of Congo in support of the rebels of the March 23 Movement, (Mulagwa P. 2023). Note that

this accusation was supported by images captured by a drone.

This evidence can be compared with a paragraph of Article 3 which states “the sending by a State or on

its behalf of bands, armed or mercenary groups which engage in combat in the territory of another State

meets the conditions for a crime of aggression”.

In this case, it is the involvement of the regular Rwandan army according to observers and the

Congolese government which supports the M23 rebels. This act can be qualified as the crime of
 42

aggression. And the fact that Rwanda planned, organized, and executed constitutes irrefutable proof of

the crime of aggression.

This case is similar to the conflicts which took place in Donbas between pro-Russian separatists (armed

groups) and the Ukrainian army in 2014. These separatist troops came to support the Russian military

and together committed the crime of genocide, a crime of war or even aggression since they annexed

Ukrainian territories in Russia( Hadrien V. 2023). Ukraine brought this case before the International

Criminal Court and the Court found the responsibility of the Russian leaders. Even if the case is not

pending following various problems.

It appears from this example that Russia is responsible for the acts committed by these mercenaries. In

the same way, Rwanda would be responsible for the acts committed by the M23 who are pro-Rwandan

(see appendix 1).

Against all expectations, Rwanda completely rejects the accusations made against it and in return

accuses the DRC of supporting the FDLR in their project to destabilize Rwanda( Mulegwa P. 2023).

In short, it is not easy to prove Rwanda's involvement in the war happening in the Democratic Republic

of Congo. However, thanks to the reports of the various observations which accuse Rwanda of working

with the M23 and the evidence presented by the Congolese government, we can affirm that there is a

possibility of establishing the responsibility of Rwanda in the crime of aggression.

4.2.3. The creation of the international criminal court for the democratic republic of Congo

The notion of the creation of the Congolese criminal court was born following the limits of the

jurisdiction of the International Criminal Court in matters of aggression.

Let us recall once that there is no doubt that the invasion of Ukraine on February 24, 2022 is an act of

aggression and that Putin's command to proceed constitutes a crime of aggression. Despite this tangible
 43

evidence, the court still does not have jurisdiction to hear this matter. The reason is that the jurisdiction

of the court is conditioned by the consent of the States. In other words, for the ICC to be able to take up

a situation, the crimes must have been committed on the territory of a party state or by a citizen of a

party state (state which has ratified the statute from Rome). On the other hand, if the crimes are

committed on the territory of a State not party to the statute, two possibilities are available to the court:

• Either by referral from the security council;

• or even the recognition of the jurisdiction of the court by the State which suffers the crimes.

For example, Ukraine recognized the jurisdiction of the court for crimes that took place in 2014. But

this is not possible for the crime of aggression( The Parliamentarians for Global Action, 2015). For

what?

The reasons for going to court in matters of assault are very strict. Because we are referring to a crime

which implicates leaders in office. So for the court to have jurisdiction, both parties must be signatories

to the statute that creates the court. However, neither Rwanda nor Russia have ratified the Rome

statute. The Security Council could take up the matter but Russia, being a permanent member, will not

vote for a decision against its side.

In the case of Rwanda, it is not a permanent member of the United Nations but enjoys its influence on

its partners who are permanent members like England. As an illustration, the case of the Democratic

Republic of Congo against Rwanda before the International Court of Justice(2002):

“The DRC had filed a request against Rwanda following serious and flagrant massive
violations of human rights and international humanitarian law which took place on its territory
in violation of the charter of human rights and other significant international instruments and
resolutions and mandatory resolutions of the United Nations. To do this, the DRC had
recognized by a declaration the compulsory jurisdiction of the court, something that Rwanda
had refused to admit. Despite the documents presented by DRC to prove the jurisdiction of the
ICJ in the face of crimes of aggression, the Court had to withdraw from the case”(International
Court or Justice(ICJ), 2002)
 44

This case demonstrates the limits of international courts vis-à-vis sovereign states. Hence a need to

create a Congolese criminal court capable of judging those Rwandans responsible for crimes of

aggression and at the same time other crimes resulting from them.

However, the creation of this type of courtyard encounters a lot of difficulty linked to its functionality.

This idea of creating a special court is rejected by some authors such as Kevin John Heller (2022) who

thinks this is a bad idea. Because setting up a special court requires a lot of resources and instead, he

proposes creating a permanent court for the crime of aggression; the idea that this present work

supports. But for now, the creation of a tribunal for the Congo will limit the limits of the court.
 45

4.2.4 Selective international justice

As in the previous sections, we will present the behavior of the international community regarding the

situation in Ukraine and that of the Democratic Republic of Congo.

• Four days after the Russian invasion, February 28, 2022; Philip

Sands (professor of international law at the University College of London) published in an article an

idea for the creation of a special court against the crime of aggression. The idea was quickly adopted

not only by civil society, universities, the media but also by various political leaders.

Influenced by this wave, the European Parliament adopted a resolution on May 19, 2022, calling on the

institutions of the Union to support the immediate creation of an appropriate legal basis to create the

Ukrainian special court. After the adoption of the resolution, it delegates two experts to study the

feasibility of such a tribunal. The result of this “study reveals the difficulties in the establishment and

operation of the special court. Despite this, parliament persists and continues to pass resolutions against

Russia.

On the one hand, members of the United Nations have taken a series of sanctions against the Russian

economy. For example, from February 23, 2022 to December 14, 2023, member countries adopted 14

restrictive measures against Russia. A first since the second world; in addition, the UN made a historic

decision to finance the shipment of weapons (Boran T. 2023).

On the other hand, all the media of member countries participate in the popularization of this war.

• As for the war in the east of the DRC: it is true that it is a situation

of instability which dates back more than two decades but this study focuses on attacks which date

back to the date of activation of the ICC's jurisdiction over the crime of aggression.
 46

Since 2021, the M23 has increased clashes against the Congolese armed forces and occupied certain

territories it controls. Several reports including a very confidential report from observers of the Security

Council and Congolese government evidence points to Rwanda participating in attacks by M23 rebels.

Unlike the situation in Ukraine, no resolutions or restrictive measures have been adopted against

Rwanda. On the other hand, the DRC, which was attacked, was under military embargo.

It was only after the president of the DRC's speech of dissatisfaction with the hypocrisy of the

international community at the last United Nations assembly that tongues began to loosen. France,

England and the USA asked Rwanda to stop all support for the rebels without anything binding. They

are all counting on the goodwill of Rwanda.

And in all, the media of the United Nations member countries do not mention it in different editions.

This stubborn desire to create a special tribunal for Ukraine despite the veto that Russia imposes to

prevent decisions against its country being passed, proves that international justice is made for the

protection of the strong or Western countries. to the detriment of African countries.

4.3. Constraints

After analyzing the results, we can identify the following constraints:

• Limit of the court's jurisdiction: the court's jurisdiction is conditioned by the will of the States. It

is states that decide whether they must recognize the jurisdiction of the court even if they have

committed a crime.

• The creation of the special court is not only very expensive but also difficult to manage.
 47

• The will of the States: such a court can well be created but it will encounter problems when

prosecuting alleged criminals. Already the court will hear crimes committed by leaders in

office, we must wait for the regimes to fall until the new leaders agree to cooperate with the

court, or even if they are on the run, count on the goodwill of the countries to arrest them. So

far, the Rwandan criminal court has not managed to get its hands on all the fugitives.

• The right of veto: is a discretionary right of permanent members of the European Union, namely

Russia, Rwanda, the United States, France and China. These states can impose their right of

veto to prevent Security Council resolutions. For example, Rwanda had signed an agreement

with England on the reception of refugees. While knowing that Rwanda does not have enough

space and claim to the Democratic Republic of Congo. Although Rwanda is not a permanent

member, it can benefit from the support of other partner members.

• The financing of rebellions by certain multinationals who want raw materials at a lower cost.

• The complicity of Congolese leaders: there are political and military leaders who maintain

insecurity to continue the illicit trade in raw materials. According to some DRC MPs, some MPs

support armed groups.

• The lack of a well-constructed case with evidence incriminating Rwanda.

In short, under the definitions of the crime of aggression and the act of aggression, this work can affirm

that the acts of violence occurring in the eastern part of the DRC can constitute an act of aggression.

And the various reports accuse Rwanda of being responsible for this crime. Thus, faced with the limits

of the competence of the international criminal court to hear the crime of aggression, the creation of a

special criminal court, particularly for the Democratic Republic of Congo, seems to be a solution.

However, the realization of this idea encounters many constraints which we can summarize in political

will.
 48

4.4. Outlook

When we compare the situation in the DRC to the situation in Ukraine, we see a lot of similarities.

Unfortunately, the treatment of the two situations differs. And for the future, we will propose to the

DRC to:

• Sign only agreements that protect its interests and expose it less;

• It must proceed to the elimination of the various armies which are there only to observe and not

to fight;

• That the Congolese government be able to develop a phased plan to end the UN mission in the

eastern part of the DRC;

• Let the country organize a committee of people who will study different treaties and their

importance to the Republic

• Find ways to industrialize its mining sector to reap the benefits;

• To strengthen its legal system and, above all, its intelligence service; and

• To withdraw from the Community of Central African Countries.

 49

5. CONCLUSION AND RECOMMENDATIONS

5.1. Conclusion

Following the atrocities that the world experienced after the Second World War, the various states

decided to bequeath part of their sovereignty in order to set up conventions and laws to which everyone

had to apply. These conventions gave rise to the International Courts, which aimed to prosecute the

perpetrators of international crimes in order to ensure international peace and security. In other words,

it was to avoid impunity, prevent crimes and consolidate international cohesion. Unfortunately, there is

no unanimity about the jurisdiction of the court. A few years later, the attacks resumed, massacres, and

more precisely in the DRC where there is an open-air aggression that does not disturb anyone. Attacked

by its neighbors, notably Rwanda, the DRC has recorded 6 million deaths, 1 million, thousands of

women raped. Despite this, there is no international body capable of prosecuting Rwanda or its

nationals. This is what led us to think about the creation of an international criminal tribunal for the

DRC, and finally to bring Rwanda and its allies to trial. Before that, it was important to trace the

history of the various wars that the Congo has experienced in order to understand the real causes and

measure the consequences of armed conflicts. Obtaining the creation of the international tribunal

specific to the Congo is not a fake thing because this war is the gathering of several actors: national,

international and regional. But with a little will on the part of all actors, it will be possible and justice

will be done and the people affected by the atrocities will recover their peace and think about

sustainable development.
 50

5.2. Recommendations

Having carefully and rigorously conducted this study,

We recommend:

• To apply the effectiveness of the decentralization policy with a view to separating power and

allowing local governments to have more autonomy in order to decide and provide solutions at their

level;

• the promotion of good citizenship and living together;

• that the central government wants the wealth to be shared equitably among the entire

population

• improve the situation of military members and their families

• screening the military and intelligence services to identify a few infiltrators;

• that the central government set up a team of lawyers and experts to classify in appropriate terms

the crimes committed in the eastern part of the DRC;

• that the team take steps to obtain the establishment of a criminal court for the DRC;

• the international community, to sanction States that are unwilling to cooperate or that support

armed groups directly or indirectly;

• To the DRC's neighbors, they can take legal exploitation measures together so that everyone can

benefit from natural resources without shedding blood

 51

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 56

APPENDIX
 57

Appendix 1 The Main Armed Groups Active in the Eastern Part of the DRC

The main armed groups active in the Democratic Republic of Congo

According to France 24, the two provinces of North Kivu and Ituri in the eastern part of the

Democratic Republic of Congo are at the mercy of hundreds of local and international armed groups.

Remember that the two provinces have been prey to armed groups for more than two decades, have

been put under a state of siege by President Felix Tshisekedi since May 2021. According to the East

Kivu barometer, 120 armed groups have chosen the east of the DRC as a battlefield. Either for ethnic

reasons or for the illicit exploitation of raw materials. These belligerent groups are fought by the

Congolese army, supported by UN military observers and supported by certain local groups, such as the

maimai and the Wazalendo. In addition to this, there is a military coalition dispatched by neighboring

countries (or enemies) of the DRC; not to fight, but to monitor the buffer zones and enforce the peace

process. We are witnessing a real battlefield here.

Of all these armed groups, four interest us: the M 23, the FDLR, the ADF and CODECO.

1. The M2 3 or March 23 movements: It is a predominantly Tutsi movement (ethnic group of

Rwandan President Paul Kagame), increasing attacks against civilians and Congolese army positions.

Unfortunately, these attacks are sources of tension between the government of Kinshasa and that of

Kigali. To date, M23 fighters have taken control of some strategic regions in the eastern part of the

DRC. Note that these parts border Uganda and Rwanda.

After withdrawing in 2013 following a FARDC attack, these fighters took refuge in Rwanda

and Uganda. At the end of 2021, they returned with force and demanded respect for the

demilitarization agreements signed in 2009. Many massacres of civilians were attributed to

them.
 58

In short, the M23 is the result of the movements created after the Tutshie genocide in 1994 and its

ethnic and geographical rapprochement with Rwanda pushes the DRC to accuse Rwanda of supporting

it.

2. The FDLR or Democratic Forces for the Liberation of Rwanda: is a group made up mainly of

Hutu genocides who fled Rwanda for fear of reprisals after the massacre of Tutsis in 1994. Since 2000,

this group has led a hate campaign against the Tutsi community. The FDLR is made up of Congolese

and Rwandan Hutu and controls some areas of the eastern part of the DRC.

According to the UN, this group has signed a de facto alliance with the regular Congolese army

to fight the M23. Thesis that the DRC government rejects.

3. The ADF: The Allied Democratic Forces: it is a rebellion of Ugandan origin linked to the

Islamic State group and fighting against the Congolese and Ugandan army.

According to France 24, this group is considered the most dangerous or the most violent, and is blamed

for the massacre of thousands of civilians.

In 2000, they converted to Muslims and allied with the Islamic State group in 2015.

In 2014, the regular armies of the DRC and Uganda allied to massacre these rebels. That same year,

they bombed a Christian church, causing the loss of around ten people. Their struggle is linked to

conflicts of faith, land, and power (overthrowing Uganda).

4. The CODECO or Congo Development Cooperative: this movement saw the light of day in

2017. They claim to protect the interests of an ethnic group of the indigenous population, the Lendu.

We can say that the source of this conflict is strongly linked to the Rwandan genocide, the ethnic

problem as well as the sharing of natural resources.

 59

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