DRC Military Court Seeks Death Penalty for Ex-President Kabila

The High Military Court in Kinshasa has heard final arguments in the explosive trial of former Democratic Republic of Congo (DRC) President Joseph Kabila, who is being tried in absentia for allegedly masterminding the ongoing M23 rebellion in the country’s east.

On August 22, the court’s auditor general, Lieutenant General Lucien René Likulia, demanded the death penalty and the immediate arrest of Kabila, describing him as the “boss” of the M23 armed group and its political wing, the Congo River Alliance (CRA).

The trial follows months of escalating accusations from President Félix Tshisekedi’s government, which has repeatedly linked his predecessor to the rebellion destabilizing North and South Kivu. Tshisekedi first leveled the allegations publicly, accusing Kabila of colluding with Rwanda-backed M23 rebels and leading the CRA.

What Are The Charges Against Kabila?

Kabila, who ruled the DRC from 2001 to 2019, returned briefly to Goma in May 2024, a city under partial M23 control, fueling suspicions within Tshisekedi’s administration. That same month, parliament lifted Kabila’s senatorial immunity, clearing the way for prosecution.

In his closing statement, Likulia accused Kabila of treason, crimes against humanity, participation in a rebel movement, intentional homicide by gunfire, rape, torture, deportation, and the forcible occupation of Goma.

“He’s the boss of the CRA and the M23,” Likulia repeated before the court, insisting that the former president played a direct role in the group’s operations.

Lawyers representing the Congolese state took the accusations even further, questioning Kabila’s identity and nationality.

“He is Rwandan, adopted socially and not legally by Laurent-Désiré Kabila. His mother was invented. The man you are judging is really Hippolyte Kanambe, under the pseudonym Joseph Kabila Kabange,” argued state lawyer Richard Bondo on August 21.

Another lawyer, Jean-Marie Kabengela, added: “He does not deserve to be judged as a Congolese for treason but as a spy.”

Political Storm Over the Trial

The trial has provoked outrage among Kabila’s allies, who describe the trial as a politically motivated attack designed to weaken the former president.

“Manipulating the identity of a former head of state, the son of a national hero, whose biological mother and siblings are alive, purely for political ends, is a crime of state,” said Néhémie Mwilanya, Kabila’s last chief of staff, on X (formerly Twitter).

Former Transport Minister José Makila warned that “it’s not only Joseph Kabila being judged; it’s the rule of law being sacrificed. A justice system transformed into a political weapon threatens the whole nation.”

Verdict Expected Soon

The trial comes as the Congolese government and the CRA/M23 engage in negotiations in Doha. After signing a declaration of principle on July 19, a Qatari mediator submitted a draft peace agreement to both parties on August 14.

The High Military Court’s verdict is expected in the coming days. If convicted, Kabila faces the death penalty, a sentence that would mark an unprecedented moment in DRC’s history.