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Democratic Republic of Congo v Republic of Rwanda (Application No. 007-2023)

African Court on Human and Peoples' Rights · [2025] AfCHPR 31 · 2025 Application Partly Allowed — Jurisdiction and Admissibility Established AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Inter-state application before the African Court on Human and Peoples' Rights concerning jurisdiction and admissibility
Decision
Application declared admissible and Court declares jurisdiction; matter reserved for determination on the merits

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No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights held that it has jurisdiction and that the Application is admissible. The Court dismissed all objections to jurisdiction, finding that proof of a dispute is not a prerequisite for material jurisdiction in inter-state human rights cases, that the rights alleged to be violated are protected by human rights instruments ratified by Rwanda, and that the Court has territorial jurisdiction over acts performed by a State outside its territory where the State is involved in an armed conflict. The Court dismissed all objections to admissibility, finding that the Application is compatible with the Constitutive Act, is not based exclusively on mass media, does not constitute abuse of process, and that exhaustion of local remedies is not required where systemic and massive violations are alleged.

Outcome

Application declared admissible and Court declares jurisdiction; matter reserved for determination on the merits

Facts

The Democratic Republic of Congo alleged that since November 2021, an armed conflict has raged in the North Kivu region between its forces and a coalition comprising the March 23 rebel movement (M23) and the Rwanda Defence Force. The DRC alleged that hostilities intensified in 2022 due to attacks by the armed coalition against its positions and those of the UN peacekeeping mission, resulting in deaths, internal displacement, destruction of schools, public infrastructure and private property. The DRC alleged that the conflict is a consequence of wars of aggression waged against it by Rwanda from 1998 to 2002, from 2008 to 2009, and by Rwanda together with rebel groups from 2012 to 2013. The DRC alleged that Rwanda refused to prosecute or extradite persons against whom Congolese courts issued arrest warrants for international crimes.

Issues

  1. Whether the Court has material jurisdiction to hear the Application in the absence of a dispute between the Parties within the meaning of Article 3(1) of the Protocol
  2. Whether the Court has material jurisdiction where certain instruments invoked by the Applicant State are not human rights instruments
  3. Whether the Court has material jurisdiction where the Applicant State invokes human rights instruments not ratified by the Respondent State
  4. Whether the Court has territorial jurisdiction where the alleged violations occurred outside the territory of the Respondent State
  5. Whether the Application is admissible where the Applicant State failed to comply with preliminary non-judicial procedures required by the Great Lakes Pact
  6. Whether the Application is admissible where the Applicant State failed to comply with preliminary non-judicial procedures required by the Constitutive Act
  7. Whether the Application constitutes an abuse of process
  8. Whether the Application is compatible with the Constitutive Act of the African Union
  9. Whether the Application is based exclusively on news disseminated by the mass media
  10. Whether the Applicant State exhausted local remedies available under the rules of diplomatic protection
  11. Whether the Applicant State exhausted existing regional and international remedies
  12. Whether the Application concerns cases that have been settled in accordance with the principles of the Charter of the United Nations, the Constitutive Act or the provisions of the Charter

Orders

  • Dismisses the Respondent State's objections to jurisdiction.
  • Declares that it has jurisdiction to hear the present Application.
  • Dismisses the Respondent State's objections to the admissibility of the Application.
  • Declares the Application admissible.
  • Reserves its decision on the merits, reparations and costs of the proceedings.
  • Orders the Respondent State to file its Response on the merits within 90 days of notification of the present Ruling.
  • Orders the Applicant State to file its Reply to the Response within 45 days of receipt of the Response.

Rules and key headnotes

Inter-State Applications — Material Jurisdiction — Existence of Dispute
In inter-state human rights cases before the African Court on Human and Peoples' Rights, proof of a dispute is not a prerequisite for the exercise of material jurisdiction; the Court has jurisdiction whenever an applicant alleges violations of human rights protected by the Charter or any other human rights instruments to which the State concerned is a Party.
Material Jurisdiction — Human Rights Instruments — Qualification
To qualify as a human rights instrument within the meaning of Article 3 of the Protocol, a text must be a treaty and must either expressly enunciate the subjective rights of individuals or groups of individuals, or impose mandatory obligations on State Parties for the consequent enjoyment of such rights; mere references to human rights in a treaty are not sufficient to make it a human rights instrument.
Territorial Jurisdiction — Extraterritorial Application — Armed Conflict
The African Court on Human and Peoples' Rights has territorial jurisdiction not only where the facts occurred in the territory of the respondent State, but also extends to acts performed by a State outside its territory; a State's jurisdiction may be exercised outside its territory since the conduct of any organ of a State must be regarded as the act of that State, whether that conduct took place within or outside its territory.
Admissibility — Exhaustion of Local Remedies — Systemic Violations
Where allegations suggest systemic and massive violations of human rights based on the number of alleged victims, it is neither reasonable nor practical to require prior exhaustion of local remedies; the rule of exhaustion of local remedies is flexible and does not apply where massive and serious violations of human rights are committed against a State.
Admissibility — Preliminary Non-Judicial Procedures — Great Lakes Pact
The rules of procedure outlined under the Great Lakes Pact are not applicable before the African Court on Human and Peoples' Rights and cannot be invoked to bar proceedings before it; in matters of procedure, the Court applies the Charter, the Protocol and its Rules and, if necessary, well-established general principles of procedure.
Admissibility — Mass Media — Exclusive Reliance
An application is not based exclusively on news disseminated through the mass media where the applicant attaches documents from a variety of sources including governmental and intergovernmental sources; the term 'exclusively' refers to applications based solely on the mass media.
Admissibility — Res Judicata — Lis Pendens — Parallel Proceedings
For an application to be inadmissible on the grounds that the case has been settled, three requirements must converge: identical parties, identical claims or their additional or alternative character, and the existence of an original decision on the merits; the mere existence of parallel proceedings before another court does not render an application inadmissible where there is no decision on the merits.

Legislation cited (59)

  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 7(1)
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 16
  • African Charter on Human and Peoples' Rights Article 17
  • African Charter on Human and Peoples' Rights Article 18(1)
  • African Charter on Human and Peoples' Rights Article 22
  • African Charter on Human and Peoples' Rights Article 23
  • African Charter on Human and Peoples' Rights Article 24
  • African Charter on Human and Peoples' Rights Article 47
  • African Charter on Human and Peoples' Rights Article 48
  • African Charter on Human and Peoples' Rights Article 49
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 60
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 5(1)(d)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 6(2)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 7
  • Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa Article 3
  • Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa Article 4
  • Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa Article 10
  • Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa Article 11
  • Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa Article 12
  • Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa Article 15
  • Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa Article 18(1)
  • Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa Article 19(c)
  • African Charter on the Rights and Welfare of the Child Article 5(1)
  • African Charter on the Rights and Welfare of the Child Article 11(1)
  • International Covenant on Civil and Political Rights Article 2(1)
  • International Covenant on Civil and Political Rights Article 6(1)
  • International Covenant on Civil and Political Rights Article 7
  • International Covenant on Civil and Political Rights Article 8
  • International Covenant on Civil and Political Rights Article 9(1)
  • International Covenant on Civil and Political Rights Article 10(1)
  • International Covenant on Civil and Political Rights Article 12(1)
  • International Covenant on Economic, Social and Cultural Rights Article 12(1)
  • International Covenant on Economic, Social and Cultural Rights Article 13(1)
  • Constitutive Act of the African Union Article 3
  • Constitutive Act of the African Union Article 4
  • Constitutive Act of the African Union Article 26
  • Pact on Security, Stability and Development in the Great Lakes Region Article 5
  • Pact on Security, Stability and Development in the Great Lakes Region Article 8
  • Pact on Security, Stability and Development in the Great Lakes Region Article 12
  • Pact on Security, Stability and Development in the Great Lakes Region Article 13
  • Pact on Security, Stability and Development in the Great Lakes Region Article 28
  • Pact on Security, Stability and Development in the Great Lakes Region Article 29
  • Rules of Court Rule 40(2)
  • Rules of Court Rule 41(3)(c)
  • Rules of Court Rule 44(1)
  • Rules of Court Rule 44(2)
  • Rules of Court Rule 45(1)
  • Rules of Court Rule 49(1)
  • Rules of Court Rule 50(1)
  • Rules of Court Rule 50(2)
  • Rules of Court Rule 51(1)

Cases cited (81)

  • Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation)
  • Electricity Company of Sofia and Bulgaria (Belgium v. Bulgaria)
  • Obligations Relating to Negotiations Concerning Cessation of the Nuclear Arms Race and Nuclear Disarmament (Marshall Islands v. India)
  • Mavrommatis Concessions in Palestine (Greece v Great Britain)
  • South West Africa Cases (Ethiopia v. South Africa; Liberia v. South Africa)
  • Suy Bi Gohore Emile and Others v. Republic of Côte d'Ivoire
  • Sébastien Germain Marie Aïkoué Ajavon v. Republic of Benin of 4 December 2020
  • Communication 277/99 - Democratic Republic of the Congo (DRC) v. Burundi, Rwanda and Uganda
  • Communication 422/12 - Sudan v. South Sudan
  • Communication 478/14 - Republic of Djibouti v. State of Eritrea
  • Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)
  • Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Gambia v. Myanmar)
  • East Timor Case (Portugal v. Australia)
  • Allegations of Genocide Under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation)
  • Anudo Ochieng Anudo v. United Republic of Tanzania
  • Jebra Kambole v. United Republic of Tanzania
  • Urban Mkandawire v. Republic of Malawi
  • Mohamed Abubakari v. United Republic of Tanzania
  • Franck David Omary and others v. United Republic of Tanzania
  • Bernard Anbataayela Mornah v. Republic of Benin and Others, (Sahrawi Arab Republic and Mauritius, intervening States)
  • Anaclet Paulo v. United Republic of Tanzania
  • Actions pour la Protection des Droits de l'Homme v. Republic of Côte d'Ivoire
  • Jean Claude Roger Gombert v. Republic of Côte d'Ivoire
  • African Commission on Human and Peoples' Rights v. Republic of Kenya (merits) (26 May 2017) 2 AfCLR 9
  • Pan African Parliament, Advisory Opinion (jurisdiction) (2021) 5 AfCLR 889
  • Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), Judgment, I.C.J. Reports 2005
  • Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports
  • The Prosecutor v. Dusko Tadic, ICTY, 2 October 1995, Case No. IT-94-1-AR72
  • The Prosecutor v. Ramushi Haradinak, Idriz Balaj and Lahi Brahimaj, Case No. IT-04-84-T, Judgement of the Trial Chamber of 3 April 2008
  • Prosecutor v. Thomas Lubanga Dyilo, ICC-01/04-01/06, 29 January 2009
  • Military or paramilitary activities in Nicaragua (Nicaragua v. United States of America), Judgement of 27 June 1986
  • Safinaz Bint Mohamed Ben Elmejoul Ben Ali and Others v. the Republic of Tunisia
  • Lompo Bahanla v. Burkina Faso
  • Leon Mugesera v. Republic of Rwanda
  • Ingabire Victoire Umuhoza v. Republic of Rwanda
  • Rutabingwa Chrysanthe v. Republic of Rwanda
  • Ukraine v. Russia (Crimea)
  • Communication Legal Defense Centre v. Gambia
  • Ukraine and Netherlands v. Russia
  • Prosecutor v. Mvuyekure Willy and Others
  • Norwegian Prosecuting Authority v. Bandora
  • Mugesera v. Minister of Citizenship and Immigration, Minister of Public Safety and Emergency Preparedness
  • Ahorugeze v. Sweden
  • Prosecutor v. Jean Uwinkindi
  • Lohé Issa Konaté v. Burkina Faso (merits) (5 December 2014) 1 AfCLR 314
  • Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR 218
  • Orascom TMT Investments SARL v. People's Democratic Republic of Algeria
  • Akdivar and others v. Turkey
  • Communication 227/99 - Democratic Republic of Congo v. Burundi, Rwanda and Uganda
  • Communication Bakweri Land Claims Committee v. Cameroon
  • Communication Patrick Okiring and Agupio Samson (represented by Human Rights Network and ISIS-WICCE) v. Republic of Uganda
  • XYZ v. Republic of Benin of 27 November 2020
  • Dexter Eddie Johnson v. Republic of Ghana
  • Tike Mwambipile and Equality Now v. United Republic of Tanzania
  • Certain German Interests in Polish Upper Silesia (Germany v. Poland)
  • El Haji Mame Abdou Gaye v. La République du Sénégal
  • The Registered Trustees of the Socio-Economic Rights & Accountability (SERAP) v. Federal Republic of Nigeria and another
  • James Katabazi and 21 Others v. Secretary General of the East African Community and Another
  • Simone Ehivet and Michel Gbagbo v. Republic of Côte d'Ivoire
  • Communication 233/99-234/99 - Interights (on behalf of Pan African Movement and Citizens for Peace in Eritrea) v. Ethiopia and Interights (on behalf of Pan African Movement and Inter African Group) v. Eritrea
  • Glory Cyriaque Hossou v. Republic of Benin, AfCHPR, Application No. 012/2018, Judgment of 13 November 2024 (merits and reparations)
  • Communications 147/95 and 149/96 - Dawda Jawara v. Gambia
  • Norbert Zongo and Others v. Burkina Faso (merits) (28 March 2014) 1 AfCLR 219
  • Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465
  • Bernard Balele v. United Republic of Tanzania (merits and reparations) (30 September 2021) 5 AfCLR 338
  • Masoud Rajabu v. United Republic of Tanzania (merits and reparations) (25 June 2021) 5 AfCLR 282
  • Communication Spilg and Mack & Ditshwanelo v. Botswana
  • Katangese People's Congress v. Zaire
  • Law Society of Zimbabwe and Others v. Zimbabwe
  • Immunities and Criminal Proceedings (Equatorial Guinea v. France)
  • Certain Iranian Assets (Islamic Republic of Iran v. United States of America)
  • The MOX Plant Case (Ireland v. United Kingdom)
  • Communication Mpaka-Nusu André Alphonse v. Zaire
  • Interights (on behalf of the Pan-African Movement and others) v. Eritrea and Ethiopia
  • Questions Concerning the Obligation to Prosecute or Extradite (Belgium v. Senegal)
  • Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia)
  • Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile)
  • Dawda K. Diawara v. Republic of Gambia
  • Implementation of the Convention on the Prevention and Punishment of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgement dated 26 February 2007
  • Anglo-Iranian Oil judgment (United Kingdom v. Iran)
  • Parti Démocratique v. the Secretary General of the East African Community and four others

Full judgment

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Democratic Republic of Congo v Republic of Rwanda (Application No. 007-2023) [2025] AfCHPR 31 (26 June 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.