FROM PROXY TO INTERNATIONAL ARMED CONFLICT? RWANDA’S ALLEGED CONTROL OVER M23 IN EASTERN DRC

The escalation of hostilities in eastern Democratic Republic of the Congo (DRC) has revived questions about the legal classification of the conflict and Rwanda’s alleged involvement through the M23 armed group. In early 2025, M23 forces launched offensives near Goma and Bukavu, amid mounting evidence of operational and logistical support from Rwanda. This paper addresses two questions: first, whether Rwanda’s involvement satisfies the attribution threshold under international law such that the hostilities constitute an international armed conflict (IAC); and second, what legal consequences follow from such classification. The escalation of hostilities in eastern Democratic Republic of the Congo (DRC) has revived questions about the legal classification of the conflict and Rwanda’s alleged involvement through the M23 armed group. This paper employs a normative descriptive method, applying the effective control test of the International Court of Justice in Nicaragua v. United States, the overall control test of the ICTY in Tadić, and the attribution standards contained in the International Law Commission’s Articles on State Responsibility. It examines whether Rwanda’s involvement with M23 satisfies the threshold of attribution under international law and what legal consequences would arise should the hostilities be classified as an international armed conflict (IAC).