Blurred Lines: Conflict Classification, Proxy Militias, and the Quest for Accountability in the Democratic Republic of the Congo

This paper explores the complex challenges of classifying the armed conflicts that have plagued the Democratic Republic of the Congo (DRC), particularly since the resurgence of the M23 rebel group. Adopting a historical lens, it reveals that many of the ongoing conflicts in eastern DRC bear striking similarities to past violent episodes, underscoring the persistence of destabilizing patterns. The paper addresses the difficulties in accurately classifying these conflicts, particularly the reluctance to acknowledge them as anything beyond non-international armed conflicts (NIACs). It emphasizes the internationalization of the conflict, driven by foreign intervention, and advocates for the harmonization of the control test in conflict classification and State responsibility. This is particularly crucial in cases involving proxy militias operating within a fragile State framework, where the boundaries between internal and international armed conflicts become increasingly blurred.