Use of Explosive Weapons 'Must Stop' in Eastern DR Congo - Trk

UN High Commissioner for Human Rights Volker Türk has urgently called for an immediate cessation of hostilities in Eastern Democratic Republic of the Congo (DRC), deploring the severe civilian casualties resulting from the use of explosive weapons by both the Congolese armed forces and the M23 armed group. This development underscores critical concerns regarding adherence to international humanitarian law (IHL), particularly the principles of distinction, proportionality, and precautions in attack. The indiscriminate use of such weapons in populated areas constitutes a grave threat to civilian life and infrastructure, potentially amounting to war crimes under international criminal law, and necessitates robust accountability mechanisms to protect affected populations.

The protracted conflict in Eastern Democratic Republic of the Congo (DRC) continues to exact a devastating toll on civilian populations, prompting a stern rebuke from UN High Commissioner for Human Rights Volker Türk. In a recent statement, Türk expressed profound alarm over the escalating violence and the tragic loss of civilian lives, explicitly calling for an immediate halt to the use of explosive weapons with wide-area effects in populated areas by both the Congolese armed forces (FARDC) and the M23 armed group. This urgent appeal highlights a critical juncture in the conflict, where the methods of warfare employed are directly contravening fundamental tenets of international law designed to protect non-combatants.

The Eastern DRC has been plagued by decades of instability, with numerous armed groups vying for control over its rich mineral resources. The M23, a rebel movement reportedly backed by Rwanda, re-emerged in 2021, significantly escalating the conflict and seizing vast swathes of territory. This resurgence has led to widespread displacement and severe human rights abuses, including mass killings, sexual violence, and forced recruitment. The Democratic Republic of the Congo is a State Party to the four Geneva Conventions of 12 August 1949, having ratified them in 1961. It further acceded to Additional Protocol I relating to the Protection of Victims of International Armed Conflicts in 1982 and Additional Protocol II relating to the Protection of Victims of Non-International Armed Conflicts in 2001. These instruments form the bedrock of international humanitarian law (IHL), which governs the conduct of hostilities and aims to mitigate human suffering in armed conflicts. Central to IHL are the principles of distinction, proportionality, and precautions in attack, which are also recognized as customary international law. The international community has increasingly focused on the devastating impact of explosive weapons in populated areas (EWIPA), leading to the adoption of the Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences Arising from the Use of Explosive Weapons in Populated Areas in November 2022. This declaration, endorsed by many states, acknowledges the severe humanitarian consequences of EWIPA and commits signatories to adopt policies and practices to avoid civilian harm.

The UN High Commissioner's condemnation directly addresses the use of explosive weapons with wide-area effects in civilian-populated areas, a practice that raises serious questions about compliance with IHL. Under the principle of distinction, parties to an armed conflict must at all times distinguish between civilians and combatants, and between civilian objects and military objectives, directing attacks only against the latter. The use of explosive weapons with wide-area effects, such as heavy artillery and armed drones, in densely populated areas inherently risks indiscriminate attacks, which are strictly prohibited under IHL. Furthermore, the principle of proportionality prohibits attacks that may be expected to cause incidental loss of civilian life, injury to civilians, or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated. Given the documented civilian deaths and destruction of homes and livelihoods in Eastern DRC, it is highly probable that attacks involving explosive weapons have violated this principle. The principle of precautions in attack mandates that parties take all feasible precautions to avoid, and in any event minimize, incidental loss of civilian life, injury to civilians, and damage to civilian objects. This includes doing everything feasible to verify targets are military objectives, choosing means and methods of attack that minimize civilian harm, and giving effective advance warning of attacks when circumstances permit. The reported use of such weapons by both the FARDC and M23 suggests a failure to adhere to these crucial precautionary measures. Violations of these fundamental IHL principles, particularly when committed with criminal intent, can constitute war crimes under the Rome Statute of the International Criminal Court (ICC). The DRC is a State Party to the Rome Statute, granting the ICC jurisdiction over war crimes, crimes against humanity, and genocide committed on its territory or by its nationals. Article 8 of the Rome Statute includes provisions for war crimes such as intentionally directing attacks against the civilian population or individual civilians not taking direct part in hostilities, and launching indiscriminate attacks. The M23 group has been specifically implicated in widespread human rights violations, including mass killings and sexual violence, which fall under the purview of war crimes. The UN High Commissioner's call for accountability aligns with the international legal framework for prosecuting such grave breaches. While the Political Declaration on EWIPA is a non-binding instrument, it serves to reinforce existing IHL obligations and provides a political commitment for states to develop and implement policies and practices to restrict or refrain from the use of EWIPA when civilian harm is expected. This declaration underscores a growing international consensus on the urgent need to address the humanitarian consequences of such weapons, even as their use continues to be a tragic reality in conflicts like that in the Eastern DRC.

The ongoing use of explosive weapons in populated areas in Eastern DRC represents a profound humanitarian crisis and a clear challenge to the foundational principles of international humanitarian law. The urgent call by UN High Commissioner Volker Türk serves as a critical reminder to all parties to the conflict – the Congolese armed forces and the M23 armed group – of their strict obligations under IHL to protect civilians. Legal practitioners must recognize that the indiscriminate or disproportionate use of explosive weapons, or the failure to take feasible precautions, carries severe legal consequences, including potential prosecution for war crimes under the Rome Statute. The international community, including the ICC and regional bodies like the African Court on Human and Peoples' Rights, remains a crucial avenue for ensuring accountability for these violations. Practitioners should closely monitor ongoing investigations and diplomatic efforts, advocating for strict adherence to IHL and supporting initiatives that strengthen civilian protection, such as the implementation of the Political Declaration on EWIPA. The imperative to halt the devastating impact of these weapons on civilians is not merely a moral plea but a fundamental legal obligation that demands immediate and unwavering compliance.