The DRC government has accused Rwanda of supporting the M23 armed group, which has been engaged in conflict since November 2021, allegedly causing human rights violations in North Kivu. This case, filed in August 2023, comes amid escalating tensions between the two nations.
In his address, Dr. Ugirashebuja brought to light the numerous procedural irregularities and legal shortcomings in the case brought against Rwanda.
“From its inception, this application has been marked by lack of coherence, procedural irregularities, and an outright disregard for the established principles governing the court’s jurisdiction and admissibility requirements. It is not merely flawed, but fundamentally untenable,” he stated, criticizing the DRC’s approach from the start.
Dr. Ugirashebuja elaborated on the procedural lapses, emphasizing several instances of non-compliance with court rules.
He specifically pointed to the DRC’s filing of an additional application for an expedited procedure, which he called “an unprecedented move that had no justification.”
He further speculated that the DRC may have been seeking a quick resolution ahead of an upcoming election, though the court had rightfully dismissed this request.
Additionally, he condemned the DRC’s diplomatic maneuver when a government official visited the court in August 2024 with little notice, which he described as “perhaps an attempt to intimidate its members.”
He continued, “This is unheard of. President of the court, members of the court… graver yet was when the applicant sought to lodge 11,000 observations to the respondent’s rejoinder in another breach of procedural norms that underscores the opportunistic and unstructured nature of the applicant’s approach to this case.”
Dr. Ugirashebuja noted that the DRC’s actions, such as filing duplicative claims before the East African Court of Justice (EACJ) without disclosing this to the AfCHPR, revealed a “cavalier attitude” towards the proceedings.
According to the Minister, the DRC’s conduct undermines the integrity of the legal process.
“It should therefore be clear that the applicant’s attempt to conceal its litigation strategy erodes the principles of good governance and transparency essential to international adjudication,” Dr. Ugirashebuja argued, calling for the court to firmly reject such tactics.
Beyond procedural flaws, Dr. Ugirashebuja also pointed to the lack of a solid legal foundation for the DRC’s claims. He stated that the DRC had invoked a wide range of legal instruments without demonstrating their relevance or applicability.
“The applicant seems to be under the impression that it suffices to invoke a bewildering array of legal instruments and alleged norms without demonstrating their applicability, let alone their ratification or even binding nature upon the respondent,” he explained.
Dr. Ugirashebuja emphasized that the DRC had failed to establish a bona fide legal dispute or to address preliminary objections raised by Rwanda.
“The applicant has opted to raise as many arguments as possible while ignoring the respondents’ legitimate objections and is now simply hoping that the court will somehow sort out its case,” he said.
Additionally, Rwanda pointed out the DRC’s failure to exhaust local remedies before seeking international intervention.
Dr. Ugirashebuja underscored that the burden of proof lies with the applicant to show that such remedies were unavailable or unnecessary, a requirement the DRC had not met.
“The applicant has utterly failed to rebut, preferring to believe that it is not bound by the usual rules of admissibility,” he added.
The Rwandan Minister concluded by urging the court to consider the procedural chaos and substantive deficiencies of the case.
“This case is therefore remarkable, but it’s couched with a lot of procedural chaos and substantive deficiencies,” he said. He called on the court to reject the claims and reaffirm the importance of adhering to international legal principles.
Rwanda’s legal representative, Prof. Dapo Akande, argued that the African Court lacks jurisdiction over the case filed by DRC, as it pertains to actions outside Rwanda’s borders.
Rwanda’s representatives claimed the complaint aimed to dodge diplomatic processes for peace in eastern DRC.
This case, led by ten judges, follows a similar complaint filed by DRC against Rwanda in the East African Court of Justice in September 2024, related to the ongoing conflict since November 2021.
