A military tribunal in the Democratic Republic of the Congo (DRC) has handed down a death sentence in absentia to former President Joseph Kabila, convicting him of multiple serious offenses including treason, crimes against humanity, murder, sexual assault, torture, and insurrection.
Delivering the ruling on Tuesday, presiding judge Lieutenant General Joseph Mutombo Katalayi stated:
“In applying Article 7 of the Military Penal Code, it imposes a single sentence, namely the most severe one, which is the death penalty.”
Kabila, who governed the DRC from 2001 to 2019, left the country in 2023 but was recently seen in Goma, a city under the control of the M23 rebel group. His trial, which began in July, centered on allegations that he supported the Rwanda-backed rebels who have seized large areas of eastern Congo this year.
While Rwanda has denied providing military assistance to M23, UN experts have reported that Rwanda’s army played a “critical” role in the group’s offensive.
Kabila neither appeared in court nor appointed legal representation. His current whereabouts remain unknown, and he has previously dismissed the proceedings as politically driven, describing the judiciary as “an instrument of oppression.”
Although the High Military Court’s ruling allows for an appeal before the Court of Cassation, such an appeal would only be possible on procedural grounds, not on the substance of the charges.
Analysts suggest the verdict is intended to prevent Kabila from rallying opposition forces. However, some warn it could deepen political divisions. Yinka Adegoke, Africa editor at Semafor, told Al Jazeera:
“Kabila has been a thorn in the side of President Felix Tshisekedi for some time. The problem with this sentencing now is that it could make Kabila supporters feel that this [trial] is all politically-motivated.”
The ruling follows the DRC Senate’s May decision to strip Kabila of immunity, a move he condemned as dictatorial. It also comes after the government lifted a long-standing moratorium on the death penalty last year, though no executions have yet been carried out.
Military prosecutor General Lucien Rene Likulia had pressed for the death penalty, accusing Kabila of plotting to overthrow President Tshisekedi and linking him to atrocities committed by M23, including killings, torture, and sexual violence.
Despite peace agreements signed this year — one between the Congolese and Rwandan governments in Washington, and another declaration with M23 in Qatar — violence continues in eastern DRC. NGOs have reported widespread abuses, including summary executions, kidnappings, and mass sexual violence.
A UN investigation in September concluded that all parties to the conflict may have committed war crimes and crimes against humanity.
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