Questions of Attribution in the Conflict of Eastern Congo

Abstract

In recent months, the conflict in eastern Congo has intensified once again after following significant military gains by the armed group known as M23 in the territory of the Democratic Republic of Congo. In early 2025, the group captured several strategically important towns, from which numerous reports of serious violations of international law subsequently emerged. A longstanding question surrounding M23’as operations concerns the extent of support provided by neighbouring Rwanda.

This study focuses primarily on Rwanda’s role in the conflict. After a brief historical overview, it examines whether the wrongful acts committed by M23 units may be attributed to Rwanda. Establishing attribution is essential to determining whether Rwanda’s international responsibility may arise. The analysis first considers whether M23 could be seen as a de facto state organ under Article 4 of the ARSIWA. The study then turns to Article 8 of the ARSIWA. It outlines the “effective control” and “overall control” tests, developed by various international tribunals.

The conflict also highlights the widespread presence of non-state armed groups on modern battlefields and the close forms of cooperation they may develop with states. Given the divergent evidentiary standards applied by different international bodies, attribution remains a complex endeavour. The author’s view is that a more coherent and harmonised evaluative framework would enhance legal clarity and predictability in the field of international responsibility.