On 23 March 2009, the Tutsi-dominated rebel group National Congress for the Defence of the People (CNDP) signed a peace treaty with the Congolese government.The 2009 treaty, negotiated after the arrest of CNDP leader General Laurent Nkunda, included provisions for prisoner releases, the transformation of the CNDP into a political party, the reintegration of refugees, and the integration of CNDP members into government institutions and the Congolese army. However, these measures were met with resistance from the local population, who viewed CNDP leaders as perpetrators of crimes and believed they should face justice. Former CNDP soldiers integrated into the Congolese army were accused of exploiting their positions to control the trafficking of minerals. M23 takes its name from the date of these peace accords.
In August 2012, M23's leadership structure was formalized, with Bishop Jean-Marie Runiga Lugerero, a former CNDP member, appointed as president, and Colonel Sultani Makenga heading its military wing, the Revolutionary Army of Congo (Armée Révolutionnaire du Congo, ARC). Makenga was later sanctioned by the United States for orchestrating atrocities against civilians. The rebels were active in North Kivu province, fighting government forces in the Rutshuru[ and Masisi territories. On 6 June 2012 a Congolese spokesman reported that 200 M23 soldiers had died in the mutiny and that over 370 soldiers had surrendered to FARDC, including 25 Rwandan citizens.[42] On 8 July 2012, Colonel Sultani Makenga announced that a government offensive to dislodge the group from their hideouts had failed, and that they had in turn captured several towns towards Goma, the provincial capital.
Congolese president Joseph Kabila urged Goma's citizens to "resist" the M23 takeover.[57] UN Secretary General Ban Ki-moon criticized the M23 for alleged human rights violations during the takeover, including "intimidation of journalists", and abduction of women and children.[58] Noting that the First Congo War had begun with fighting in the same region, the New York Times described the takeover of Goma as "raising serious questions about the stability of Congo as a whole".[55] On 21 November, further atrocities were reported, including the murder of a soldier's wife at the Katindo camp entrance. The attack occurred after a dispute with an M23 guard, who used a bayonet to kill her in broad daylight.[23] The same day, the International Criminal Court (ICC) reopened investigations into Bosco Ntaganda and Sylvestre Mudacumura.[23] In response to the escalating crisis, President Joseph Kabila convened with Rwandan President Paul Kagame and Ugandan President Yoweri Museveni in Kampala.[59][60] The tripartite summit issued a joint communiqué imploring M23 to relinquish control of Goma. However, M23 refused, demanding direct negotiations with President Kabila as a prerequisite for withdrawal.[23] The United Nations Security Council enacted Resolution 2076 (2012), unequivocally condemning M23's aggression and demanding an immediate cessation of hostilities. The European Union echoed these calls for an end to violence.[23] Despite mounting international pressure, M23 remained defiant, conditioning its retreat on meeting its political and territorial demands.[23]
On 22 November, the FARDC, in cooperation with local Mai-Mai elements, routed the M23 rebels from the nearby town of Sake, 27 kilometers from Goma, as they marched towards Bukavu.[61] Also 22 November, Kabila suspended General Gabriel Amisi's FARDC commission because of an inquiry into his alleged role in arms sales to various rebel groups, including the FDLR, in the eastern part of the country, so it implicated M23.[62] That day, M23 soldiers facilitated the extrajudicial killing of a suspected thief in the Ndosho neighborhood, where he was burned alive by a mob. The group justified the act by claiming a lack of detention facilities.[23] On 23 November, M23 rebels retook Sake from the FARDC after an intense four-hour battle and reinforced their position in the town, as they reportedly moved toward Kirotshe to the south, Mushaki to the north-west, and Kingi to the north.[63] Meanwhile, the FARDC reinforced their position in Minova, near the South Kivu provincial border, with more than 3500 soldiers.[64] The UN has declared that it lost access to 30 of its 31 refugee camps in the area due to the M23 offensive.[65]
On 24 November in South Kivu, Colonel Albert Kahasha, who had surrendered and joined government troops along with other leaders of Mai-Mai militia groups Raïa Mutomboki and Nyatura. On 13 November he defected again from the FARDC.[66] At a regional meeting in Kampala, leaders of the Great Lakes area gave M23 a two-day ultimatum to leave Goma. A combined force which would include international troops, a FARDC company, and a M23 company would be posted near Goma International Airport and would take charge of security.[35] During the nights of 24–25 November, M23 soldiers looted homes in the Keshero neighborhood, stealing money and material goods.[23] When the ultimatum expired on 26 November, M23 still controlled the city.[67] The FARDC, had previously withdrawn after raping almost 126 women, some of them less than 10 years old, according to the United Nations and looting the money and possessions of the local population,[68] came from Minova in a counteroffensive launched against M23 positions in the Masisi, North Kivu region on 27 November.[69] M23 set up a road block on the road from Goma to Sake and reportedly extorted funds from drivers.[69] That same day, M23 forces killed Uzaribara Baba Rehema, a father of six, and stole his vehicle. The same night, an assassination attempt was made on the Director General of the Higher Institute of Pedagogy, although he narrowly escaped.[23]
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Between 20–27 November, M23 orchestrated the escape of approximately 1,500 prisoners from Goma's Munzenze central prison, including individuals serving life sentences.[23] M23 also transported heavy weaponry and ammunition abandoned by FARDC to Rwanda via the Bunagana border. This included combat tanks and an estimated 1,000 tons of military equipment, reportedly moved under the observation of the MONUSCO.[23] The office for Direction Générale des Impôts (DGI-Goma), the Goma Public Prosecutor's Office, and the Katindo camp hospital were stripped of movable assets, furniture, and equipment. Even museum artifacts from the governorate were looted.[23] Vehicles and equipment from state agencies like the Office des Routes and the Office des Voiries et Drainage (OVD) were stolen and transported to Rwanda.[23] The homes of provincial ministers, deputies, military officers, and other officials were ransacked, with valuable goods taken to Rwanda. Entire neighborhoods, including Himbi and Keshero, suffered similar fates, with civilians subjected to violence. Food stocks, vehicles, and donations from the European Union meant for the Congolese National Police were seized.[23]
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Following a peace deal negotiated in Uganda, the M23 said it would withdraw from Goma by 1 December.[70] On 30 November, M23 troops began to withdraw from Sake and Masisi.[71] That same day, a contingent of 200 police officers arrived in Goma in anticipation of M23's withdrawal.[71] However, M23 operatives allegedly maintained a presence in the city, disguised in civilian police uniforms.[72] The occupation of Goma triggered a massive displacement crisis; by 30 November, over 130,000 people had fled their homes and sought refuge in camps surrounding the city. Notable concentrations of displaced persons included 61,200 in Mugunga 1, 31,170 at Lac Vert, and 30,000 in Mugunga III.[23] Living conditions in these camps were dire, with most displaced persons deprived of adequate humanitarian assistance to meet their basic needs. The Mugunga 3 camp, located 7 km (4.3 mi) from Goma, was also looted by M23, with rebels stealing food, clothing, and personal items from vulnerable individuals.[23] Adolescents were reportedly forced to carry stolen goods, and six cases of rape were documented during the assault on the camp.[23] Despite the presence of MONUSCO peacekeepers, M23 operated with impunity, openly transporting looted goods to Rwanda.[23] On 3 December 2012, FARDC and Congolese government officials re-enter Goma, two days after M23 left the city.[73]
On 24 February 2013, leaders of eleven African nations signed an agreement designed to bring peace to the eastern region of the Democratic Republic of Congo, among them Rwanda and Uganda. Both had been accused of aiding the M23 rebellion, a charge they denied.[74] M23 was not represented either in the negotiations, or at the signing.[74]
On 18 March 2013, Bosco Ntaganda handed himself in to the U.S. embassy in Kigali, Rwanda,[75] where he requested transfer to the International Criminal Court in The Hague, Netherlands.[76] Though the reasons for his surrender are unknown it was speculated that he was either pressured to do so by Rwanda or feared infighting within the M23 movement and its military leader Sultani Makenga, which had recently forced Ntaganda's forces to flee the DRC into Rwanda. Though Rwanda was not a signatory to the Rome Statute, the media speculated it would be forced to turn him over to the ICC. The U.S. also had listed him on its Rewards for Justice Program.[77] On 22 March, he was detained by the ICC[78] and appeared for the first time in front of the ICC on 26 March,[79] to which he denied charges of rape, murder, and other offenses.[80][81]
Masisi Territory
[edit]The capture of Masisi Territory was a strategic component of the M23 rebellion subsequent to their high-profile conquest of Goma on 20 November 2012. Seeking to expand their control into Masisi Territory, the M23 relied on allied militias, including Nyatura, Mai-Mai Cheka, and Raïa Mutomboki, to execute coordinated attacks and destabilize the region.[82] Additionally, the M23 leveraged infiltrated elements of RDF within the FARDC to facilitate their operations.[82]
To consolidate their position, the M23 sought control of key settlements, including Mushaki, Karuba, Ngungu, Rubaya, Kibabi, Kingi, Bihambwe, Lushebere, and Katale.[82] From 24–25 November 2012, the group mobilized youth to infiltrate Masisi town, instigating unrest as a precursor to its capture. These efforts led to violent confrontations, resulting in five deaths, including a woman, and 13 injuries, among them a child. Victims were treated at the Hôpital Général de Référence de Masisi.[82] Nyatura militias, predominantly composed of Hutu combatants, engaged in systematic violence, including looting, arson, and murder. They targeted villages primarily inhabited by the Hunde ethnic group.[82] Villages burned by Nyatura included Rona (Biiri groupement), Buoye, and Buloto (Bunyungu groupement), as well as Bonde and Lushebere/Lwashi (Bapfuna groupement).[82] The Nyatura forces were commanded by Mr. Munyamariba, a former militia leader affiliated with Rally for Congolese Democracy–Goma (RCD-Goma) and CNDP.[82] In parallel, the Mai-Mai Cheka militia launched assaults on Kalembe village within the Bashali-Mokoto groupement of Bashali Chiefdom, aiming to secure the area for the M23. Similarly, Raïa Mutomboki, aligned with M23, perpetrated analogous acts of violence.[82] These coordinated attacks instigated mass displacement, with residents fleeing into the bush.[82] Panic spread to nearby towns, such as Kitshanga. Looting of goods and shops was rampant, and homes were set ablaze, including two houses within Masisi town itself.
End of the first rebellion
[edit]
In March 2013, the United Nations Security Council authorized the deployment of an intervention brigade within MONUSCO to carry out targeted offensive operations, with or without the Congolese national army, against armed groups that threaten peace in eastern DRC. The brigade is based in North Kivu and is made up of a total of 3,069 peacekeepers. It is tasked with neutralizing armed groups, reducing the threat posed to State authority and civilian security and make space for stabilization activities. The FIB alongside the Government Forces (FARDC) engaged the M23 in July 2013, August 2013 and September to October 2013.[83]
On 6 November 2013 government forces launched an assault on M23 rebel position in the east of the country. This occurred one day after insurgents called for a ceasefire. The following day M23 issued a document that said they had "decided from this day to end its rebellion" and instead to pursue its goals "through purely political means".[84] On 7 November, Sultani Makenga, the leader of M23, surrendered with about 1,500 M23 fighters in Mgahinga National Park, Uganda.[85] They were eventually moved to refugee camps in Uganda.[14]
After peace declarations were signed between the DRC Government and M23 rebels on 12 December 2013, issues of legal accountability for the rebellion remain because of international pressure.[86]
