Rwanda's Aggression in Eastern Democratic Republic of the Congo: Avenues for Accountability
成果类型：
Article
署名作者：
Levine-Spound, Daniel
署名单位：
Harvard University; Harvard University
刊物名称：
HARVARD INTERNATIONAL LAW JOURNAL
ISSN/ISSBN：
0017-8063; 2153-2494
发表日期：
2026
关键词：
摘要：
On January 27, 2025, the Rwandan military and an armed proxy group known as the March 23 Movement seized Goma-a city of over one million people in the Democratic Republic of the Congo (DRC)-in a lightning offensive. Two weeks later, they took over Bukavu, the second-largest city in eastern DRC. These advances are two of the most significant episodes in an armed conflict that began in November 2021 and has led to widespread extrajudicial killings, sexual violence, forced recruitment, and the displacement of over two million Congolese civilians. This Article argues that Rwanda's conduct amounts to an act of aggression, an unlawful use of interstate force in violation of the United Nations Charter. The reason is straightforward-Rwanda has no credible self-defense claim for a military takeover of its neighbor's territory. But accountability presents substantial challenges. International criminal prosecution of Rwandan officials is unlikely, as the International Criminal Court lacks jurisdiction over crimes of aggression in this case. And through years of shrewd diplomatic maneuvering, Rwanda has effectively shielded itself from meaningful political, financial, or legal consequences, such as the freezing of foreign aid. Rwanda's efforts to escape accountability must not be allowed to succeed. Only by holding political leaders and states accountable can the international community deter future aggression and preserve an international legal order premised on the illegality of interstate force. This Article provides a roadmap for doing so-tracing the history, elements, and unique harms of the crime of aggression, documenting the ongoing conflict in the DRC, demonstrating why Rwanda's conduct constitutes aggression, exploring how Rwanda's attack fits within a broader trend of interstate force, and identifying sanctions that states could impose on Rwanda-and other aggressors-outside the context of individual criminal responsibility.