Christine Savino
Background
On May 19th, 2024, at 4 AM, the capital of the Democratic Republic of Congo (DRC), Kinshasa, plunged into chaos as gunshots pierced the morning air from an attempted coup d'état. Heavily armed groups simultaneously attacked the Palais de la Nation, the official residence of the President, and home of Vital Kamerhe, an MP who was expected to be named Speaker. Both primary targets survived, and Kamerhe has since been sworn in as Speaker. Amidst the turmoil, a shell inadvertently crossed the DRC border, striking Brazzaville, the capital of neighboring Republic of Congo (ROC), causing several civilian injuries and swift condemnation from the ROC government.
According to army spokesperson Sylvain Ekenge, the coup was decisively quelled within hours, albeit still resulting in the deaths of at least six people and arrests of approximately 50 participants. The arrested consists of Congolese and foreigners, including at least three American citizens and one British national. Investigations into foreign participation and coup logistics are ongoing.
Included in the deceased is the alleged leader, Christian Malanga, a controversial exiled opposition leader who proclaimed himself as the “President of New Zaire.” Zaire was the previous name for the DRC. Malanga, a vocal critic of the current administration, live streamed his involvement, reflecting a brazen and unorthodox approach to this political maneuver. Notably, Malanga had previously orchestrated a failed coup in 2017, underscoring his relentless pursuit of political control.
Motivations
The May 2024 attempted coup came against a backdrop of country-wide dissatisfaction with DRC President Félix Tshisekedi’s ruling coalition, which won re-election last September, with Malanga explicitly stating in his live stream that President Thisekedi failed in his leadership and needed to be removed from office. These internal issues have been compounded by regional instability. In recent years, Central and West Africa have seen a torrent of coups.
Particularly, in eastern DRC, Rwandan-forces backed by Mouvement du 23 Mars (M23) Tutsi-led rebels have swiftly expanded their occupation around the capital of North Kivu province, Goma. Along with political and military motivations, the group is driven by grievances regarding the DRC’s legacy of ethnic tension, including those from the 1994 Rwandan Genocide. This resulted in the deaths of approximately 800,000 mostly Tutsis, a minority ethnic group of which M23 is primarily composed.
Infamous for their ruthless campaign of violence, including widespread killings and rapes, M23 rebels have exacerbated the humanitarian crisis in the region, displacing over one million people and amplifying the urgency to restore order. Their fighting began after their 2012 founding, when former members of the Congolese armed forces mutinied, citing grievances including poor treatment, lack of pay, and discrimination. In November 2012, the group captured Goma for 10 days and caused significant international alarm, leading to diplomatic efforts to broker a ceasefire. Following military pressure from the Congolese army (FARDC) and UN peacekeeping forces (MONUSCO), M23 surrendered in 2013. The M23 movement's activities diminished until resurfacing in 2021, further destabilizing the region and exacerbating the ongoing conflict. Some believe that M23 was behind the attempted coup, although DRC authorities are still investigating logistical specifics and have not yet released official determinations regarding this.
International Response and Looking Ahead
Condemnation from the international community came swiftly. In response to the coup, Lewis Mudge, Human Rights Watch Central Africa director, stated “Congo and the region have a legacy of coups and attempted coups … The Congolese government needs to treat this crisis as an opportunity to demonstrate its commitment to human rights and the rule of law.”
The African Union as well as numerous African governments condemned the attempt, emphasizing the unacceptability of seizing power through force. The United States and French embassies in Kinshasa issued warnings and highlighted their cooperation with Congolese authorities to investigate and address the involvement of their nationals.
The nation’s legal system is now tasked with processing those arrested during the events, including foreign nationals. Looking at DRC’s present laws, it seems that the captured could be tried under violations of domestic and international law. According to the DRC Constitution, particularly Article 64, any forceful attempt to overthrow the government is met with stringent opposition, thus legitimizing the government's aggressive response. Likewise, in the DRC, acts such as treason, sedition, and attempts to overthrow the government are addressed through specific statutes within the DRC Penal Code. These laws are designed to safeguard the state’s sovereignty and maintain public order.
The failed coup attempt in the DRC also potentially violates international human rights and humanitarian laws. International law, including the Geneva Conventions and the Rome Statute of the International Criminal Court, prohibits acts such as murder, torture, and other forms of violence against civilians, which are often associated with coups.
The involvement of American citizens, as confirmed in initial reports, adds layers of complexity to the diplomatic landscape. This foreign participation demands a thorough investigation and may complicate the DRC’s diplomatic relations with the United States and other nations. Antony Blinken, United States Secretary of State, condemned the violence and offered assistance from the United States, likely as a matter of ameliorating potential diplomatic tensions, given that approximately three Americans allegedly tried to overthrow the DRC’s government. How this pans out, however, has yet to be seen. Likewise, foreign involvement raises questions about violations of the non-intervention principle of international law encoded in Articles 2(4) and 2(7) of the United Nations Charter. The involvement of foreign nationals might suggest a breach of the non-intervention principle that states should not intervene in the internal affairs of other states.
A historical instance highlighting the complexities of foreign involvement in DRC's security issues is the 1978 invasion of Kolwezi. This military operation aimed to rescue hostages held by the Front for the National Liberation of the Congo (FNLC) in Kolwezi, a crucial mining town in the Shaba Province of the DRC (then Zaire). The FNLC rebels captured the town, leading to a hostage situation involving several Europeans and Americans connected to the local mining industry. The operation, named Operation Bonite (or Operation Leopard), was conducted primarily by French and Belgian forces.
The intervention began after the FNLC killed numerous civilians and took others hostage, creating a dire humanitarian and political crisis. International coordination was required as French and Belgian forces intervened to rescue hostages from the FNLC rebels, creating significant diplomatic and operational challenges. The situation involved a dire humanitarian crisis with numerous civilian casualties and hostages, raising urgent operational complexities. Additionally, the intervention posed questions of sovereignty and legal justification, requiring careful diplomatic negotiations. The aftermath involved managing the political fallout, addressing legal and human rights implications, and ensuring the operation's legitimacy both locally and internationally. The airborne operation was swift and efficient, resulting in the recapture of Kolwezi and freeing of hostages within a few days. However, there were significant casualties among the local population and the European expatriate community.
Fast forward to the 2024 attempted coup, and there are additional intricacies due to the requested and potential justice under international law through litigation. Mudge emphasized the dual responsibilities of the DRC government: ensuring national security and holding those responsible for the coup accountable in a manner consistent with international standards. He stated, “the government both has a responsibility to ensure the security of the country and to hold those responsible for the coup attempt accountable, based on international fair trial standards” and “the [DRC] needs to treat this crisis as an opportunity to demonstrate its commitment to human rights and the rule of law.”
This need for adherence to international law also applies to potential DRC violations, particularly in regards to providing the alleged assailants the right to a fair trial, including impartial investigations, the opportunity to attain counsel, and so on. The DRC has faced criticisms for suppressing free speech, including human rights advocacy, and a recent execution video of alleged 2024 coup suspects has garnered concern regarding how the killings were conducted. This comes as the DRC government has allegedly affirmed to American media that its initial arrest of at least one initial suspect, Benjamin Zalman-Polun, was incorrect and based on mistaken identity. The DRC has also come under fire for its execution of two UN investigators in 2017, potentially on grounds of political disagreement. Thus, it will be crucial for the DRC legal system and alleged suspects to adhere to justice according to international legal standards.
The Congolese government has not yet provided dates for the suspects’ arraignments.
This episode has not only tested the resilience of the DRC’s political system but also illuminated significant gaps in governance that need addressing to prevent future destabilization efforts. As the DRC moves forward from the May 2024 coup attempt, the focus will inevitably shift towards strengthening political stability and fostering national unity. The DRC will need to hold trials, adhering to international law as to bring the detained to appropriate justice and disincentivize future coups. However, it remains unclear how and when this will occur. Nonetheless, the international community’s swift disdain for the violence and the cross-border violence emphasizes the vested global interest in the DRC’s stability. Looking forward, peace promotion efforts and robust legal adherence will be critical for national and international peace.
