The escalation of violence in the Great Lakes region, particularly in the Democratic Republic of Congo (DRC), is raising growing concerns among international observers.
Alice Wairimu Nderitu, the United Nations Special Adviser on the Prevention of Genocide, recently sounded the alarm about conditions alarmingly reminiscent of the lead-up to the 1994 genocide against the Tutsi in Rwanda.
At the heart of the issue are hate speech, heightened identity-based tensions, and systematic attacks against specific communities, particularly Congolese Tutsi.
These developments demand attention not only from the international community but also from existing legal mechanisms designed to prevent mass atrocities. Most importantly, they raise a fundamental question: how far can impunity for figures of authority go when they directly or indirectly fuel acts of violence?
The Congolese Minister of Justice, Constant Mutamba, is well aware that hate speech and public, direct incitement to murder—such as his remarks at Munzenze Prison in Goma—are not mere verbal missteps or provocative statements. They are powerful weapons, capable of fracturing societies and triggering bloody conflicts.
Recent history, especially the 1994 genocide against the Tutsi in Rwanda, demonstrates the central role such rhetoric plays in mass atrocities.
Under international law, public and direct incitement to commit crimes like genocide is strictly prohibited. Article III(c) of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide identifies it as a punishable offense.
Judicial precedents, such as those established by the International Criminal Tribunal for Rwanda (ICTR), have shown that individuals responsible for inciteful speeches can be prosecuted as accomplices to genocidal acts.
Today in the DRC, the dissemination of hate speech targeting specific ethnic groups, such as the Congolese Tutsi, constitutes a blatant violation of these principles.
Often amplified by public figures, this rhetoric fosters an environment conducive to systematic violence. More troubling, it reflects the politicization of identity, where ethnicity is wielded as a tool of division.
The Responsibility of Leaders: A Legal and Moral Obligation
When a minister or other authority figure engages in acts like public incitement to murder, calls for denunciation, or slander—like Justice Minister Constant Mutamba has done—their responsibility exceeds that of ordinary citizens. Their positions amplify the impact of their words, making them even more accountable for the consequences.
International criminal law, particularly through the Rome Statute of the International Criminal Court (ICC), holds leaders individually criminally responsible for crimes such as ethnic persecution and crimes against humanity.
Similarly, the Nuremberg Principles established that rank or authority does not shield individuals from prosecution.
In the DRC, the international community must remind the government of its legal obligations. The Responsibility to Protect (R2P) principle, adopted at the 2005 World Summit, obliges states to prevent genocide and other mass atrocities. When states fail in this duty, the international community has a responsibility to intervene.
Preventing Future Atrocities: The Role of Institutions and Justice
Preventing mass crimes requires strong institutions capable of identifying and countering hate speech before it escalates into violence. In the DRC, this involves:
• Establishing independent mechanisms to monitor media and penalize speech that incites violence.
• Strengthening national justice systems to prosecute and hold accountable those responsible for hate speech.
• Collaborating closely with international organizations to gain expertise and technical support.
However, these institutional measures must be accompanied by genuine cultural change. Congolese society must reject divisive narratives and embrace values of inclusion and tolerance.
A Call to Action: Avoiding the Irreparable
The DRC is at a dangerous crossroads. The warning signs of mass atrocities are present, and hate speech continues to spread unchecked, with no consequences for its perpetrators. National Assembly Deputy Justin Bitakwira, a member of the ruling majority, is under European Union sanctions for “repeatedly inciting violence and encouraging discrimination and hostility against the Banyamulenge community, targeted and attacked by armed groups.”
Yet the Congolese government continues to fund these heinous activities. Worse still, it is not alone in this endeavor.
If the international community fails to take firm action to demand reforms and prosecute those responsible, the specter of another genocide could become a reality.
It is imperative that leaders, starting with the highest levels of the Congolese state, adhere to international legal obligations. Hate speech must not be treated as mere misconduct but as a direct threat to peace and stability.
International justice has demonstrated its capacity to act, as evidenced by the ICTR and the ICC.
The DRC and its partners must draw on these precedents to confront current challenges. In the fight against mass atrocities, inaction is equivalent to complicity.
