Why lawsuits in international courts aren't a panacea to conflicts

Democratic Republic of Congo President Félix Tshisekedi. [File, Standard]

The Democratic Republic of Congo's (DRC) decision to file a case against Rwanda at the East African Court of Justice (EACJ) is widely perceived as too little too late an effort.

Some political observers argue that this move represents a form of justice of convenience, highlighting a broader pattern of using regional mechanisms like the EACJ to advance political interests.

This legal action is seen as a political maneuver, with analysts suggesting it attempts to masquerade as a legitimate pursuit of justice. In reality, it seems to transform a judicial platform into a stage for voicing political grievances, rather than addressing legal issues.

In December last year, President Félix Tshisekedi dismissed the East African Regional Force (EACRF), a peacekeeping contingent deployed by the EAC to stabilise eastern DRC.

Despite the force’s achievements, Tshisekedi turned to the Southern African Development Community (SADC) for military assistance. This preference indicates a lack of confidence in the EAC’s ability to mediate and maintain peace, raising questions about the DRC's trust in EAC processes.

Additionally, the DRC, alongside Burundi, has consistently failed to meet its financial obligations to the EAC, accumulating arrears since becoming a full member.

This disregard for responsibilities casts doubt on the DRC's commitment to the EAC's principles. A nation that neglects its duties within a community has little standing to file legal cases against other members for treaty violations. The analogy of expecting to milk a cow you don’t feed comes to mind.

Tshisekedi’s administration has actively undermined the Nairobi peace initiative, an EAC-led effort spearheaded by former President Uhuru Kenyatta. This initiative aimed to address decades of conflict in the region. Yet, the DRC sidelined these efforts, demonstrating a dismissive attitude towards the EAC’s peace-building processes.

The superficial nature of the DRC as a legitimate party pursuing justice is evident in its casual treatment of the case and abuse of basic court processes. The DRC has failed to follow fundamental court rules, such as using English as the court language, properly swearing in affidavits, and adhering to statutory limitations.

These oversights have led the Court to reconsider the seriousness of the matter. It appears more of a political show being filmed in the courtroom, with little regard for proper procedures. As long as the claims are filed and remain a media focus in the DRC, actual court processes seem secondary.

Focusing on its judicial strategy, the DRC is engaging in what legal experts call forum shopping. It has initiated cases in various courts, including the EACJ and the African Court of Human and Peoples' Rights, and urged the International Criminal Court (ICC) to investigate Rwanda.

Additionally, the DRC is likely to bring another case to the International Court of Justice (ICJ). This occurs without fully exhausting the available non-judicial avenues for dispute resolution, such as the EAC Summit Framework and the Luanda Peace Framework. Compounding this, the DRC has even threatened to withdraw from the Community.

The DRC’s case appears aimed at positioning itself as the aggrieved party, diverting attention from internal failures to address root causes of conflict, such as governance issues, corruption, and the inability to control armed groups like the FDLR. This approach has broader implications for regional stability and the effectiveness of the EAC as a conflict resolution mechanism. If member states engage only when convenient, it undermines the EAC’s credibility and sets a precedent for others to pursue short-term political gains over long-term peace and stability.

For the EAC to be an effective platform for conflict resolution, all member states, including the DRC, must engage in good faith with a long-term vision for peace and stability. Tshisekedi’s government should heed the advice of regional and international leaders who advocate for political and diplomatic dialogue as the only sustainable solution to ongoing conflicts. Filing lawsuits in international courts will not address the root causes of the conflict and ignores the ongoing peace process under the Luanda Peace Process led by the Angolan President.

Only through a genuine commitment to regional cooperation and internal reforms can the DRC hope to achieve lasting peace and stability.

-The writer is a regional Social and political commentator based in Nairobi