Keypoints:
- Kabila tried in absentia for backing M23
- Charged with treason, rape, and torture
- Trial follows loss of senatorial immunity
JOSEPH Kabila, the former president of the Democratic Republic of Congo, is being tried in absentia for treason and war crimes linked to the M23 rebel group, marking an extraordinary legal and political showdown in Kinshasa.
The military court in the capital’s Gombe district opened proceedings on Friday, alleging that Kabila helped coordinate an armed rebellion aimed at ousting his successor, President Félix Tshisekedi. The indictment includes charges of homicide, rape, torture, insurrection, and crimes against humanity.
According to a charge sheet obtained by AFP, Kabila is accused of being one of the originators of the Congo River Alliance — the political wing allegedly tied to the M23, which has seized vast territory in North and South Kivu since its resurgence in 2021.
Kabila blamed for fall of Goma
Prosecutors allege that Kabila played a direct role in the M23’s January capture of Goma, the capital of North Kivu. He is said to have arrived in the city in May, shortly before a ceasefire pledge was signed between the rebels and the government in July.
The court claims Kabila worked to destabilise the Tshisekedi government, plotting to take power by force. He is further accused of enabling the group’s atrocities in eastern DRC, including widespread sexual violence and extrajudicial killings.
Trial follows loss of immunity
After serving as president from 2001 to 2019, Kabila became a senator for life, a position that conferred legal immunity. However, the upper house of parliament recently voted to lift that immunity, allowing prosecution to proceed.
Kabila, now in exile, has condemned the case as politically driven, calling the charges ‘arbitrary’ and describing the courts as ‘an instrument of oppression’.
His legal team has objected to the trial taking place without him present, arguing that the accusations are unsupported and intended to tarnish his legacy.
Death penalty reactivated in DRC
The charge of treason carries the potential for a death sentence. While no judicial executions have been carried out in DRC for years, the government lifted a moratorium on the death penalty in 2023.
The trial is taking place against a backdrop of intensifying conflict in eastern Congo, where more than 6.9 million people have been displaced. Kinshasa continues to accuse neighbouring Rwanda of backing the M23, though Kigali denies the charge.
President Tshisekedi has directly accused Kabila of being the political mastermind behind the rebel resurgence, saying the former leader has ‘betrayed the nation’ by enabling armed groups to thrive in the mineral-rich east.
Landmark case amid deepening crisis
If convicted, Kabila would be the most senior Congolese figure ever found guilty of war crimes and treason. The case is being closely watched across the region, as it signals a shift in DRC’s approach to holding former leaders accountable.
The government says the trial reflects its commitment to ending the cycle of impunity that has long plagued the country’s conflict-ridden eastern provinces.
