GENEVA - All parties to the conflict in the Congolese provinces of North and South Kivu have committed serious violations of international humanitarian law that may amount to war crimes and crimes against humanity, according to a UN Human Rights Office report published on Friday.
It says that since late 2024, gross human rights violations have been committed by the M23, supported by the Rwanda Defence Forces (RDF), as well as the Congolese Armed Forces (FARDC) and affiliated armed groups.
The report was produced by the UN Human Rights Office's Fact-Finding Mission (FFM) on the situation in North and South Kivu, as mandated by the UN Human Rights Council.
"The findings of the FFM underscore the gravity and widespread nature of violations and abuses committed by all parties to the conflict, including acts that may constitute war crimes and crimes against humanity," says the report.
It documents the failure by all parties to adequately protect civilians in the conduct of hostilities, particularly during the takeover of Goma by M23 and RDF in late January, as well as attacks on schools and hospitals.
The report says that the M23 armed group, "with training, material, intelligence, and operational support from the Rwanda Defence Forces", captured major cities in North and South Kivu. The group engaged in a campaign of intimidation and violent repression through a recurrent pattern of summary executions, torture, detention, enforced disappearances and forced recruitment targeting anyone "perceived as opposing the M23, regarded as a threat to its notion of order and security, or deemed fit to fight or serve the movement".
M23 members also systematically carried out widespread sexual violence, mainly in the form of gang rape, and other forms of sexual violence, including sexual slavery. Women and girls were disproportionately targeted, but men, boys, and LGBT individuals were also victims of sexual violence, including in detention.
"Rapes were repeated over prolonged periods, often in conjunction with additional acts of physical and psychological torture and other ill-treatment, with a manifest intent to degrade, punish, and break the dignity of victims," says the report.
Hundreds of children were detained by M23, and young males forcibly recruited. The report exposes the enormous toll of the conflict on children of all ages.
The report identifies daily violations across the entirety of the territory under the M23's control and "followed discernible, recurring patterns, indicating a high degree of organization, planning, and resource mobilization".
Building from those conclusions, the FFM "has reasonable grounds to believe that M23 members may have committed (...) the crimes against humanity of murder, severe deprivation of liberty, torture, rape and sexual slavery (...), enforced disappearance, and deportation or forcible transfer of population," says the report.
It also documents grave violations committed by the DRC Armed Forces (FARDC) and affiliated armed groups, such as Wazalendo. The FFM documented deliberate killings of civilians by FARDC after in-fighting with Wazalendo.
The FFM identified a pattern of widespread use of sexual violence, mainly rape and gang rape against women and girls, and looting by members of FARDC and Wazalendo during their retreat from the frontlines in January and February.
"Perpetrators operated in large groups and in multiple localities simultaneously, in a manner that reflected recurring patterns of rape and looting, rather than isolated acts," says the report.
Wazalendo armed groups recruited children under the age of 15 and used them in hostilities, the report adds. These children were used in combat and in support roles, with girls also being used for sexual purposes.
The report further finds that both DRC and Rwanda bear responsibility for their support to armed groups with known track records of serious abuses, and for failing to meet their obligations to take all measures to ensure respect for international humanitarian law and to protect civilians from serious harm.
Specifically, the report stresses that Rwanda is responsible for violations directly committed by its armed forces on the territory of the DRC and notes that the FFM had received "credible allegations concerning the covert presence of RDF personnel within M23".
The report also states that the DRC bears responsibility not only for the violations committed by its armed forces, but also by its affiliated armed groups "to the extent that their members acted under its direction or control".
The report also expresses concern over the lack of focus on accountability and support for victims in the peace agreement signed between the DRC and Rwanda on June 27.
"The atrocities described in this report are horrific," said UN High Commissioner for Human Rights Volker Türk. "It is heartbreaking and deeply frustrating to witness, once again, the dehumanisation of the civilian population by those in power who are failing in their responsibilities.
"It is imperative to promptly and independently investigate all allegations of violations with a view to ensuring accountability and victims' right to truth, justice and reparations, especially guarantees of non-repetition. The swift implementation of the Commission of Inquiry mandated by the Human Rights Council to continue this vital work is essential. We owe no less to the untold number of victims."
