On Tuesday, January 28, protesters in Kinshasa, Democratic Republic of Congo (DRC), attacked several embassies, including Kenyan.
The attack, which involved looting and destruction of property, was part of broader demonstrations against the ongoing conflict in Eastern DRC.
In response, Kenya’s Foreign Affairs Minister Musalia Mudavadi strongly condemned the attack. He reached out to his DRC counterpart, who assured him that measures were being taken to address the situation and compensate Kenya for the damages.
“I strongly condemn the attacks on Kenya’s Embassy and personnel in Kinshasa by rioters protesting the conflict in Eastern DRC. The violence, looting, and destruction also targeted Uganda’s Embassy, with planned assaults on the South African, U.S., and Belgian Embassies,” Mudavadi condemned.
To understand what it means burning an embassy of another country, The Kenya Times spoke to experts on international law and diplomacy.
DRC Crisis: Attack on a Country’s Embassy Considered Violation of International Law
According to lawyer and governance expert Javas Bigambo, attacking a foreign embassy is a clear violation of the Vienna Convention, which governs diplomatic relations between nations.
“It is a direct breach of the Vienna Convention on Diplomatic Relations. Under this treaty, an embassy or consulate is considered part of the territory of the sending state. Therefore, the Kenyan embassy in Kinshasa is legally regarded as Kenyan soil,” Bigambo explained.
He further emphasized that it is the duty of the host country—in this case, the DRC—to provide 24-hour security and protection for foreign embassies. However, given the fragile security situation in the DRC, the government may be unable to fulfill this obligation effectively.
“The DRC is in a precarious state, and given the ongoing conflict, it may not have the capacity to protect the Kenyan embassy or other foreign missions,” he noted.
Dr. Anita Kiamba, a senior lecturer in Diplomacy & International Studies at the University of Nairobi, added that any nation whose embassy has been attacked has the right to seek diplomatic recourse and demand compensation from the host government.
Possible Reasons for the Attack
Bigambo suggested that the attack on the Kenyan embassy may have been driven by dissatisfaction with regional military interventions in the DRC, particularly in Goma.
“The unrest in Goma has seen mixed reactions to the involvement of foreign security forces. Some people have been resistant to these interventions, leading to hostility toward countries seen as playing a role in the military operations,” he explained.
Also Read: Kenyan Embassy in DRC Attacked
He recalled past instances where security missions were forced to withdraw due to local opposition, including Kenyan-led efforts under the East African Community Regional Force (EACRF).
“There has been misinformation circulating, including from individuals within government circles who benefit from the conflict. These actors exploit the situation to monopolize access to and trade in natural resources like minerals. They don’t want peace to return, so they spread propaganda against international forces, including Kenyan troops and diplomatic missions,” Bigambo said.
The Larger Conflict in the DRC
The DRC has been plagued by interrelated conflicts since the 1960s, with unresolved historical grievances fueling continuous wars.
Dr. Kiamba noted that the current conflict, which pits Rwanda against the DRC, is tied to deeper issues of territorial control and the protection of communities from persecution.
“The DRC government is aware that certain communities in Eastern DRC control vast natural resources, and there is an effort to displace them. Unlike the over 100 armed groups in the region, M23 is seen as the most immediate threat because of its ties to Rwanda.
Rwanda, like other nations, has a right to secure its borders. Kenya has done this by extending operations against Al-Shabaab beyond Juba land, Ethiopia has done the same, and Uganda has expanded its military actions into the Central African Republic to counter rebel groups like the ADF and LRA,” she explained.
EAC’s Response to the Crisis
On Monday, January 27, President William Ruto convened an emergency meeting of the East African Community (EAC) to address the escalating crisis in the DRC.
As the current EAC Chair, Ruto called for an immediate ceasefire and emphasized the need for humanitarian access to affected populations.
Also Read: Govt Issues Update on Kenyan Woman Kidnapped in DRC
The meeting, scheduled for Wednesday, January 29, aims to bring together regional leaders, including DRC President Félix Tshisekedi and Rwanda’s President Paul Kagame, to seek a peaceful resolution to the conflict.
Key Rules in Vienna Convention on Diplomatic Relations
The respect and protection of embassies are governed by the Vienna Convention on Diplomatic Relations (1961).
This international treaty outlines the framework for diplomatic relations between independent countries and ensures the protection of diplomatic missions.
Some of the key rules include:
- Inviolability of Diplomatic Premises: The premises of a diplomatic mission, such as an embassy, are inviolable. The host country is required to protect the mission from intrusion, damage, or any disturbance of its peace or dignity.
- Diplomatic Immunity: Diplomatic agents are granted immunity from the jurisdiction of the host country’s courts and authorities. This immunity ensures that diplomats can perform their duties without fear of coercion, harassment, or interference by the host country.
- Protection of Diplomatic Staff: The host country is obligated to take all appropriate measures to prevent any attacks on the person, freedom, or dignity of diplomatic agents.
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