Rwandan refugees in the Democratic Republic of the Congo and the application of International Humanitarian Law during the Congo wars

Abstract

In this study, a legal analysis is presented of the responsibility of the RPA,1 FDLR,2and FAZ3 for military operations conducted by them during the two Congo Wars (Congo War I and II) in the Democratic Republic of the Congo.4 In particular, an enquiry will be undertaken into the lawfulness of the killing of Rwandan refugees during these military operations. This will be achieved by looking at the requisite International Humanitarian Law and International Human Rights Law governing the protection of refugees in relation to the conduct of hostilities. Specific emphasis will be placed on the prevailing facts and circumstances relevant to the killing of refugees during the wars, and evidence provided by key witnesses will be relied upon to shed light on the situation on the ground. The study will examine the legal implications of the actions of the parties involved. It will look at who should be held accountable for the violations of Human Rights and Humanitarian Law in relation to the killing of refugees. Finally, certain recommendations will be made to address the deficiencies in the law in relation to the protection of civilian, especially refugees during armed conflict. Copyright