This blog examines the legality of potential military action by the DRC against Rwanda under international law, focusing on the prohibition of the use of force and the conditions for self-defence.
By Lucien Biringanine
The ongoing conflict between the Democratic Republic of the Congo (DRC) and Rwanda, fuelled by allegations of Rwandan support for the March 23 Movement (M23) and the Alliance Fleuve Congo (AFC), raises critical legal questions regarding the use of force under international law. Reports from international organisations and Western governments claim that Rwanda provides direct military support to these non-state actors, though Kigali denies these allegations, citing national security concerns. In response, President Félix Tshisekedi has suggested the possibility of military action against Rwanda, prompting an assessment of its legality.
While Article 2(4) of the UN Charter prohibits the use of force, exceptions exist under Article 51 (self-defence) and Chapter VII (UN Security Council authorisation). For the DRC to lawfully invoke self-defence, it must establish Rwanda’s effective control over these armed groups, a threshold that has not yet been conclusively met. Consequently, any unilateral military action by the DRC against Rwanda would likely constitute a violation of international law. Read the blog!