Exercise n° 5 : “The conflict in East Congo”

[Note: The facts below are based on actual events but have been adapted for the purpose of this exercise.
Answers should be based on the facts as presented].
On May 6, 2012, following numerous political and ethnic tensions in the eastern part of the
Democratic Republic of Congo (DRC), a rebel militia called the March 23 Movement (M23)
emerged and clashed with the armed forces of the Democratic Republic of Congo (AFDRC).
This conflict is marked by numerous abuses committed by both parties to the conflict against
the civilian population. In particular, the M23 was guilty of "summary executions, (...) rape and
(...) forced recruitment. The M23 eventually lost its main positions and was forced to lay down
its arms on November 5, 2013. On December 12, 2013, the DRC and the M23 concluded a
peace agreement providing for the dissolution of the rebel movement and the demobilization of
its fighters.
However, since November 2021, fighting has resumed between the M23 and the AFDRC. A
confidential report by several UN Security Council experts highlights the fact that the M23 is
receiving substantial support from the Rwandan armed forces, through the provision of
ammunition and weapons as well as economic and political support. The M23 conducts
numerous military operations using heavy artillery and takes control of many localities in North
Kivu. The AFDRC used air strikes and attack helicopters to bomb rebel areas. On April 1, 2022,
the M23 implemented a unilateral cease-fire and invited the AFDRC to negotiate, an offer that
was refused. The M23 then took control of important strategic positions. Among others, the
border town of Bunagana is occupied and administered by the M23.
In November 2022, Kenya announced the deployment of its armed troops to the DRC to fight
the M23 rebels. President Ruto, in Nairobi, explains that "as neighbors, the fate of the DRC is
linked to ours...we will not allow armed groups, criminals and terrorists to deprive us of our
common prosperity."1

1. Can the exactions committed by the M23 on the territory of the DRC engage
the international responsibility of Rwanda?
2. Does international law guarantee POW status to M23 members who are
captured by the AFDRC?
3. If the DRC has not consented to Kenya's armed intervention on its territory,
can Kenya claim a basis in international law to justify its military intervention?

Rwanda and the DRC are parties to the Charter of the United Nations, the Geneva Conventions of 1949,
the First Protocol Additional to the Geneva Conventions, the International Covenant on Civil and
Political Rights and the 1951 Convention relating to the Status of Refugees.

1
« Le Kenya annonce l’envoi de troupes en RDC pour combattre les rebelles », 2 November 2022, Le Monde,
available at www.lemonde.fr