KINSASHA-(MaraviPost)-A military prosecutor in the Democratic Republic of Congo (DRC) has demanded the death penalty for former President Joseph Kabila.
Kabila, who is on trial in absentia, faces charges including treason, homicide, torture, and organizing an insurrection.
General Lucien Rene Likulia, the Congolese military auditor general, called on judges to condemn Kabila to death during proceedings on Friday.
The former president went on trial in July for allegedly supporting Rwanda-backed M23 rebels, who have seized large swaths of mineral-rich eastern DRC this year.
Kabila, who has been outside the DRC for two years, is also accused of plotting to overthrow current President Felix Tshisekedi.
The charge sheet additionally includes the forcible occupation of the city of Goma, which was captured by M23 fighters in January before agreeing to a ceasefire with the government in July.
Kabila has denounced the trial, describing the courts as “an instrument of oppression.”
Ferdinand Kambere, secretary of Kabila’s political party, told Reuters that the proceedings represent “relentlessness and persecution against a member of the opposition.”
The DRC lifted a moratorium on the death penalty last year, although no judicial executions have been carried out since.
Kabila spent almost two decades in power before stepping down in 2018, and has been abroad since late 2023, mostly residing in South Africa.
In April, he announced plans to return to the DRC to promote peace in the war-torn eastern regions, prompting the government to ban his party and seize his assets.
In May, the DRC Senate voted to lift his immunity from prosecution, allowing legal action to proceed.
Kabila made an appearance in the rebel-held east in late May, meeting local religious leaders in the presence of M23’s spokesperson, Lawrence Kanyuka.
President Tshisekedi has publicly labeled Kabila as the mastermind behind M23, which has captured key cities in eastern DRC, reportedly with Rwanda’s support.
The charge sheet alleges Kabila initiated the Congo River Alliance (AFC), M23’s political arm, and colluded with Rwanda to attempt a forceful overthrow of the established government.
He is also accused of being responsible for atrocities committed by M23 in North and South Kivu provinces.
Rwanda has denied involvement, although United Nations experts claim its military played a “critical” role in M23’s offensives.
M23 leaders, including AFC executive secretary Benjamin Mbonimpa, have distanced the movement from Kabila, dismissing the trial as a politically motivated strategy.
Kabila assumed the presidency following the assassination of his father, Laurent Kabila, in 2001, and ruled until 2018.
Despite leaving the country in 2023, Kabila retains influence over Congolese political affairs and has criticized Tshisekedi’s government as a “dictatorship.”
Eastern DRC has endured decades of conflict between various armed groups, a situation worsened since M23’s resurgence in 2021.
Historical Context: African Leaders and Post-Presidency Trials
Kabila’s case is not unique in Africa’s political history.
In Liberia, former President Charles Taylor was tried and convicted by an international tribunal in 2012 for war crimes committed during the Sierra Leone civil war.
Taylor’s conviction was widely seen as a milestone in holding African leaders accountable for atrocities, despite international controversy over jurisdiction and fairness.
In Chad, former dictator Hissène Habré was sentenced to life imprisonment in 2016 for crimes against humanity, marking the first time an African leader was convicted in another African country for such offenses.
Zimbabwe’s former security chief, Perrance Shiri, faced limited international pressure and calls for accountability, though political dynamics shielded him from prosecution, highlighting how political influence often complicates justice.
In contrast, Libya’s Muammar Gaddafi was killed in 2011 before facing trial, illustrating how violent removal can preempt formal judicial processes in cases of alleged crimes by former heads of state.
These historical examples show a spectrum of outcomes: from successful prosecutions, delayed justice, to extra-judicial removal, emphasizing that political power, international pressure, and domestic institutions all shape accountability.
Concluding analysis
The prosecution of Joseph Kabila illustrates the DRC’s attempt to navigate accountability for former leaders amid ongoing conflict.
When compared to other African cases, Kabila’s trial in absentia highlights both opportunities and risks: it could reinforce the rule of law, but it could also deepen political polarization.
The involvement of international observers and UN reports underscores the regional significance of holding former leaders accountable, particularly in conflicts involving cross-border actors.
Kabila’s case may serve as a precedent for future African trials, demonstrating the delicate balance between political stability, justice, and public expectations.
Ultimately, history suggests that pursuing justice for former heads of state requires strong institutions, credible judicial processes, and careful management of domestic and international political pressures.
