Africa

Chaos in the Congo: Over 7 Million Now Displaced as M23 Rebels Seize Key Cities Amidst Ongoing Reports of War Crimes and Crimes Against Humanity

By: Bridget Congo 

Impunity Watch News Staff Writer

Kivu, Demographic Republic of Congo (DRC) — This year, the M23 rebel group has significantly expanded its territorial control in the DRC, capturing Goma and Bukavu, the capitals of North and South Kivu provinces, as well as the strategic mining hub Walikale in North Kivu. As a result, the total number of displaced individuals has now surpassed 7 million. Widespread human rights violations, including those targeting civilians, journalists, and human rights activists, have been reported, with both M23 forces and, in some cases, state actors implicated. As the conflict reaches its most severe point in over a decade, mounting evidence suggests the commission of war crimes and crimes against humanity in violation of international law.  

 
A displaced woman at a Goma IDP camp in front of her shelter. In early 2025, many such camps near Goma were destroyed amidst conflict with non-state armed groups, displacing residents once again. Photo Courtesy of Mireille Ngwamba for the IRC.
  

Amnesty International and other human rights groups have documented numerous violations committed by the Rwandan-backed M23 fighters, including summary executions, sexual violence, forced recruitment, mass displacement, village raids, and looting. Many of these acts constitute war crimes under Article 8(2) of the Rome Statute, to which the DRC acceded in 2002. However, M23 rebels are not the sole perpetrators of human rights violations in the DRC. The Congolese government has increasingly suppressed press freedom in response to the ongoing conflict. On January 7, the President of the Communication and Broadcasting Board (Conseil supérieur de l’audiovisuel et de la communication, CSAC) announced that Radio France Internationale, France 24, and TV5 Monde’s Africa program were at risk of suspension for their coverage of the “alleged advances of terrorists.” On January 9, 2025, Justice Minister Constant Mutamba issued a warning on his X social media account that individuals, including journalists, who disseminate information regarding the M23 and Rwandan forces would face severe legal repercussions, including the death penalty. The increased violence and territorial gains by M23 rebels signal a profound shift in the conflict, disrupting the food supply for millions and further straining humanitarian efforts. 

Several international courts have increased their monitoring of events in the DRC. In October 2024, International Criminal Court (“ICC”) Prosecutor Karim A.A. Khan KC announced that the Office is renewing its second investigative effort in the DRC, with a priority focus on alleged Rome Statute crimes committed in North Kivu since January 1st, 2022. This investigation is active. The first investigation commenced in 2004 and led to three convictions, in the cases The Prosecutor v. Thomas Lubanga Dyilo, The Prosecutor v. Germain Katanga, and The Prosecutor v. Bosco Ntaganda and to the acquittal of Mr Ngudojolo Chui. In February 2025, The African Court on Human and Peoples’ Rights (“AfCHPR”) held its first interstate public hearing regarding the DRC in the case of the Democratic Republic of Congo v. Republic of Rwanda. The DRC accused Rwanda of various human rights violations in relation to their backing of the M23 rebel group, marking a significant development in the court’s history. 

In February 2025, concern over the escalating conflict in the DRC grew among European officials. Volker Türk, United Nations High Commissioner for Human Rights, warned that the risk of regional escalation is at its highest, calling for parties to cease hostilities and resume dialogue within the framework of the Luanda and Nairobi processes, emphasizing the need for all parties to uphold international human rights and humanitarian law. The European Parliament issued a Motion for a Resolution on the escalation of violence in the eastern Democratic Republic of the Congo, calling for the suspension of EU budget support and mineral trade agreements with Rwanda, as well as targeted sanctions against individuals and entities responsible for supporting the M23 rebels and perpetuating violence in the region. 

 

For further information, please see:

AfCHPR —- AfCHPR Concludes a Public Hearing in Application NO. 007/2023, Democratic Republic of Congo v. Republic of Rwanda — 13 Feb. 2025

Aljajeera English — Mapping the human toll of the conflict in DR Congo — 24 Mar. 2025

European Parliament — MOTION FOR A RESOLUTION on the escalation of violence in the eastern Democratic Republic of the Congo — 10 Feb. 2025

Human Rights Watch — DR Congo: Rwanda-Backed M23 Target Journalists, Activists — 12 Mar. 2025

ICC — Call for Information on the Situation in the Democratic Republic of the Congo — 12 Oct. 2024

ICC — Democratic Republic of the Congo — 14 Oct. 2024

International Rescue Committee — Conflict in the DRC: What you need to know about the crisis — 6 Feb. 2025

OHCHR — HC Türk on DRC: “The risk of escalation throughout the sub-region has never been higher.” — 07 Feb. 2025

X — Constant Mutamba — 9 Jan. 2025








For the First Time in History, the ICC Will Move Forward in the Prosecution of Uganda’s Joseph Kony – Despite No Arrest

By: Bridget Congo

Impunity Watch News Staff Writer

 

THE HAGUE, Netherlands – On December 12, 2024, the ICC’s Pre-Trial Chamber III scheduled a confirmation of charges hearing in the case of The Prosecutor v. Joseph Kony. The hearing will take place September 9, 2025, marking the first time in the Court’s history that it conducts a hearing in absentia, as Kony remains at large.

Two child soldiers of Uganda’s rebel group, the Lords Resistance Army (LRA). Photo Courtesy of Reuters.

 
Lord’s Resistance Army (LRA) fighters in the Central African Republic, picture dated April 4, 2012. Photo Courtesy of Voice of America.
  

Between 1987 and 2006, Northern Uganda endured a brutal conflict between the government and the Lord’s Residence Army (LRA), a quasi-religious group claiming to defend the Acholi ethnic group. Since rising in the early 1980s, the LRA has allegedly targeted civilians with attacks, abducted over 35,000 children as soldiers and sex slaves, and displaced over 1.9 million people into government camps. Despite a 2006 truce, the LRA is said to have expanded its operations into neighboring countries, including the Democratic Republic of Congo (DRC), South Sudan, and the Central African Republic (CAR). Despite global efforts to detain him, LRA founder and leader Joseph Kony remains at large, believed to be outside of Uganda.

After ratifying the Rome Statute in 2002, Uganda became the first state to refer itself to the ICC, inviting the Office of the Prosecutor to investigate the LRA’s alleged crimes. Kony’s Warrant of Arrest, originally issued by the ICC under seal on July 8, 2005, was made public on October 13, 2005.

Kony faces 36 counts of war crimes and crimes against humanity under Articles 7 and 8 of the Rome Statute for crimes allegedly committed between 2002 and 2005.

Counts 1-14: Intentionally directing attacks against the civilian population as such; murdering civilians and attempting to do so; torturing, and/or severely abusing and mistreating civilians and treating them cruelly; enslaving abducted civilians; pillaging and destroying property; and persecuting civilians on political grounds as well as based on their age and gender.

Counts 15-29: Conscription of children into the LRA, and using them to participate actively in hostilities.

Counts 20-36: Perpetrating the crimes of enslavement, forced marriage, torture, and sexual slavery in relation to young women.

The confirmation of charges hearing is not a trial. Under Article 61(5) of the Rome Statute, a Pre-Trail hearing assesses whether sufficient evidence exists to establish substantial grounds for believing the individual committed each alleged crime. The Prosecutor may rely on documentary or summary evidence and need not call the witnesses expected to testify at the trial.

Under the Rome Statute, confirmation of charges proceedings at the Pre-Trial stage may proceed in the suspect’s absence under specific conditions outlined in Article 61(2)(b). In this instance, the Chamber determined that the conditions were met because (i) Kony qualifies as a person who “cannot be found”; (ii) all reasonable efforts have been made to ensure his appearance and notify him of the charges and the hearing date; and (iii) there is sufficient cause to hold the confirmation of charges hearing in absentia. In absentia cases, the person shall be represented by counsel where the Pre-Trial Chamber determines that it is in the interests of justice.

If the charges are confirmed, the case can proceed to trial only if the accused is physically present before the Trial Chamber under Rome Statute Article 63.

 

For further information, please see:

African Court on Human and Peoples’ Rights Still Pending Decision on Detainee’s Right to Life

By: Jocelyn Anctil 

Impunity Watch News Staff Writer 

 

ARUSHA, Tanzania – On October 3, 2024, the African Court on Human and Peoples’ Rights reached a decision on provisional matters in Moadh Kheriji Ghannouchi and Others v. Republic of Tunisia. This case involves several political activists whom the applicants allege have been wrongfully imprisoned without probable cause detained. These activists are members of the Ennahda Party, a major political group in Tunisia aiming for Islamic democracy. Applicants on behalf of the activists allege that during detention these activists were deprived of their right to dignity and protection against cruel punishment. The Court ordered the Republic of Tunisia to better protect the current detainees. By this order, the Republic of Tunisia must eliminate barriers to communication between current detainees and lawyers or medical personnel. They must also adequately inform the detainees of the basis for their detention, and report on any measures taken to fulfil these orders within 15 days of the decision. However, the court dismissed the request for release of the four detainees.

 
Loved ones and supporters of Ridha Bouzayene gather at his funeral service. Photo courtesy of Al-Sabil.
  

The applicants also allege that the Republic of Tunisia infringed upon a detainee’s right to life although no conclusion on this issue has been reached. Article 4 of the African Charter on Human and Peoples’ Rights and Article 6 of the International Covenant on Civil and Political Rights ensure and protect one’s right to life. Ridha Bouzayene, a well-known member of the Ennahda Party, died during a protest against the Government in the Republic of Tunisia on January 14, 2022. He went missing at the demonstration and five days later it was discovered he had died from injuries inflicted by police. 

Mr. Bouzayene’s death also implicates the right of peaceful assembly, protected by Article 11 of the African Charter on Human and Peoples’ Rights and Article 21 of the International Covenant on Civil and Political Rights. Mr. Bouzayene went missing during what the applicants allege to be a peaceful protest and sustained fatal injuries while exercising his rights. 

Applicants also allege the Republic of Tunisia discriminated against Mr. Bouzayene based on his political opinion which further violates his rights protected by the African Charter on Human and Peoples’ Rights. The Constitution of Tunisia purports to establish a Constitutional Court, yet the Court has not been operational. As a result, the applicants further allege that the Republic of Tunisia has not upheld the independence of lawyers and the judiciary, leading to the ineffective investigation of Mr. Bouzayene’s death. As of this decision, the Tunisian judicial system has not found anyone responsible for Mr. Bouzayene’s death and the applicants maintain he was arbitrarily deprived of life. The applicants request the Court to order the Republic of Tunisia to open an investigation into Mr. Bouzayene’s death. 

The provisional decisions in this case, requiring the Republic of Tunisia to better inform and protect current detainees, may indicate a favorable decision to Mr. Bouzayene’s family in the future regardless of their denial of release. 

 

For Further Information Please See:  

ACHPR – Moadh Kheriji Ghannouchi and Others v. Republic of Tunisia – 3 Oct. 2024 

UK asked to impose sanctions on Tunisia officials – Middle East Monitor – 22 Mar. 2023 

Ennahda: Before and After the Coup in Tunisia – Crown Center for Middle East Studies | Brandeis University – 8 July 2022 

 

Historic Election in Senegal Sees Youngest President in Country’s History

By: D’Andre Gordon

Impunity Watch News Staff Writer

Dakar, Senegal — In a historic turn of events, Senegal welcomed Bassirou Diomaye Faye as its newly inaugurated president, marking a significant transition from incarceration to leadership. This remarkable journey from the confines of a prison cell to the presidential palace underscores a profound narrative of resistance and democratic revival, highlighted in recent reports from AP News​​. Faye is the youngest president in Senegalese history. 

 
President Faye speaking before a crowd during his inauguration. | Photo Courtesy of AP News.
  

Faye’s ascent to the presidency is emblematic of a broader struggle against systemic injustices and the remnants of colonial exploitation. Released from prison alongside Ousmane Sonko, his mentor and a prominent opposition figure, just before the elections, Faye’s victory is a testament to the unyielding spirit of the Senegalese people and their quest for genuine democratic governance.

Faye’s commitment to eradicating corruption and ensuring equitable management of Senegal’s resources resonates with the aspirations of the youth, who have long been disillusioned by rampant unemployment and the neocolonial dynamics that have perpetuated economic disparities. His election represents a rejection of exploitative practices and a collective yearning for a governance model that prioritizes the welfare of its citizens over foreign interests, as detailed in the AP News report​​.

Echoing the themes of transparency and accountability, Faye’s decision to publicly declare his assets prior to the election serves as a powerful statement against the opaqueness that has marred political institutions. It is a step towards dismantling the structures of power that have historically marginalized the voices of the ordinary citizen in favor of a privileged few, reflecting a call for greater integrity in governance​​.

As Faye assumes Office, the composition of his government will be scrutinized as a reflection of his commitment to breaking with past practices and embodying the change that the Senegalese electorate has ardently yearned for. The challenges ahead are manifold, but the message is clear: the era of impunity and governance that serves the interests of a select few is over.

This momentous occasion in Senegal’s political landscape is not merely about a change in leadership but a profound shift towards a future where governance is characterized by integrity, inclusivity, and respect for the sovereign will of the people. It is a beacon of hope for not just Senegal, but for nations across the continent and beyond, grappling with the vestiges of imperialism and striving for a democratic ethos that truly reflects the aspirations of its people.

Senegal’s story, with Faye at the helm, offers a blueprint for a new kind of leadership – one that is rooted in the principles of justice, equity, and the unwavering belief in the power of the people to chart their own destiny. It is a clarion call for an era of governance that transcends the shadow of colonial legacies and paves the way for a future where every citizen has a stake in their nation’s prosperity, inspired by the details shared in the AP News article.

For further information, please see:

AP News – Senegal Swears in Former Opposition Figure, Recently Freed from Prison, as New President – Apr. 2, 2024

AP News – Senegal’s President-Elect Pledges to Fight Corruption After a Stunning Victory for the 44-Year-Old – Mar. 26, 2024

The Guardian – Bassirou Diomaye Faye sworn in as Senegal’s youngest president – Apr. 2, 2024

ECHR Rule Change Bolsters United Kingdom Plan to Relocate Migrants to Rwanda

By: Terrence Kane

Journal of Global Rights and Organizations, Associate Articles Editor

ROME, Italy – A rule-change in the European Court of Human Rights (ECHR) has bolstered the United Kingdom’s plan to send asylum seekers to Rwanda. The rule change will raise the threshold required by courts to place an injunction on removal proceedings.

 
Flight from the United Kingdom to Rwanda grounded amid legal challenges to the removal plan. | Photo Courtesy of BBC.
  

The Rule Change

The ECHR first announced that it would amend its rules in November of 2023. The changes were sought to bring the rules on interim measures more in alignment with the Court’s established case law. The change involved Rule 39 of the Rules of the Court, which are regarding the procedures on interim measures.

The language of Rule 39 was amended to include the line “imminent risk of irreparable harm” which has raised the threshold to institute interim measures, such as injunction. The amended rule language was announced on February 23, 2024, and went into effect a little over a month later on March 28.

While the rule change wasn’t in reference to any particular case or controversy, it is likely to have a very specific impact on the removal processes of the United Kingdom.

Effect on United Kingdom’s Removal Process

Under its current leadership, the United Kingdom has pursued a program of removing asylum seekers to Rwanda where the asylum seekers are meant to remain until their cases have been properly adjudicated in UK courts. The plan faced a major obstacle when the United Kingdom’s Supreme Court ruled that the policy violated international human rights law.

The Supreme Court upheld a Court of Appeals decision that found that the planned removals were unlawful because it lacked proper safeguards to prevent refoulement, or the return of asylum seekers to their state of origin. The Supreme Court held that the removals posed a safety risk to the asylum seekers because the United Kingdom failed to establish that Rwanda was a safe nation. The Court stated there were “substantial grounds” to believe sending asylum seekers to Rwanda would cause them to be unsafe.

The analysis used by the Supreme Court in putting the deportations on hold is likely to be substantially altered as a result of the new language in Rule 39. Rather than simply finding “substantial grounds” of safety risks, courts like those in the UK that put the Rwanda plan on hold, will need to look for evidence that there is an “imminent risk of irreparable harm.” This new standard will make it substantially harder to challenge the Rwanda plan and reduce courts ability to issue injunctive relief.

For further information, please see:

BBC – Supreme Court rules Rwanda asylum policy unlawful – November 15, 2023

The Telegraph – Boost for Rwanda plan as ECHR makes it harder to block deportations – March 28, 2024

Reuters – UK plan to deport refugees to Rwanda to be delayed after new parliamentary defeats – March 20, 2024

ICJ – Press Release – March 28, 2024

ICJ – Rules of Court – March 28, 2024