In a severe ruling handed down on Wednesday, a military court in the DRC sentenced 25 soldiers to death after finding them guilty of desertion and other military crimes during ongoing clashes with the M23 rebels. The Butembo military court deemed the soldiers guilty of fleeing from enemy combat, misusing war munitions, and disobeying direct orders.
"I find them guilty and sentence each of them to death," declared Colonel Kabeya Ya Hanu, the presiding officer of the tribunal. The court was convened near recent battle sites to send a potent message discouraging desertion among the ranks of the Congolese army.
A total of 31 individuals faced the military tribunal, which concluded within a single day. Among them were 27 soldiers and four civilian women, identified as their wives, explained Jules Muvweko, one of the defence attorneys involved. While the four women were acquitted of all charges, another soldier received a 10-year jail sentence for robbery. The court did not disclose its verdict regarding one remaining soldier.
This latest ruling follows a similar court decision made in early May when eight Congolese soldiers, including five officers, were sentenced to death in Goma, the capital of North Kivu province, for acts of "cowardice" and "fleeing the enemy."
The death penalty sentences come amid a broader tumultuous backdrop. The DRC had observed a moratorium on the death penalty since 2003, which was recently lifted by the government. Human rights activists, such as Moise Hangi, are sounding alarms over the potential repercussions of such stringent measures. "We are in danger of reaching the point where many military personnel are going to be candidates for this decision, rather than improving our security apparatus. This kind of decision will increasingly weaken our military and give more fear to those on all the front lines," remarked Hangi.
Tensions on the ground have escalated drastically as M23 rebels, purportedly backed by Rwanda—an allegation denied by Kigali—have seized key towns in North Kivu. This includes the pivotal town of Kanyabayonga, which is regarded as a critical access point to the significant commercial hubs of Butembo and Beni.
News reports have indicated instances of Congolese troops retreating without engaging in combat. "Many units have less than half the number of soldiers they are supposed to have due to desertions and casualties," stated Jason Stearns, a former UN investigator now heading the Congo Research Group at New York University. "Above all, there is a lack of accountability and morale."
The M23’s advances pose a formidable challenge to the DRC’s military capacity, and the recent court sentences exemplify the severe internal measures being adopted in response. However, as critics warn, harsh disciplinary actions could potentially exacerbate existing issues within the armed forces rather than fortify their resolve against the insurgency.
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