Maingain is among the lawyers representing the Banyamulenge community in a complaint submitted to the ICC Prosecutor’s Office in The Hague on August 14, 2026. The complaint calls for an investigation into alleged serious crimes committed against Banyamulenge people in Minembwe and other parts of eastern DRC.
Speaking to IGIHE, Maingain said the decision to approach the ICC came after the community had exhausted avenues available through DRC’s domestic justice system.
“We came to The Hague to take an important step by submitting a complete file to the Office of the Prosecutor of the International Criminal Court under Article 15 of the Rome Statute,” he said.
According to Maingain, the file contains evidence and information relating to alleged crimes that the Banyamulenge representatives believe fall within the jurisdiction of the ICC.
He said efforts had been made over several years to have the alleged crimes investigated through DRC institutions, but those efforts had not resulted in what he considered a concrete response from the authorities.
“We had no other option left but to turn to the International Criminal Court,” Maingain said.
The material submitted to the ICC includes witness accounts, other evidence, statements that the complainants consider to be incitement to hatred and an analysis of the historical context surrounding the alleged abuses.
Maingain said the lawyers were asking the ICC Prosecutor’s Office to examine the material and determine whether there are grounds for opening an investigation.
“We will never stop seeking justice for the Banyamulenge,” he said.
He said particular attention had been given to recent events in Minembwe, which he believes warrant consideration by international justice institutions.
Maingain is handling the case alongside lawyer Innocent Nteziryayo, who provided further details about the allegations contained in the complaint.
Nteziryayo said the filing focuses in part on alleged drone strikes in Minembwe, which he said took place mainly in recent months and caused damage to infrastructure.
He said the complaint names several individuals and officials whom the lawyers want investigated, including DRC President Félix Tshisekedi, members of his government and Burundian officials.
“Our focus was particularly on allegations concerning drone attacks in recent months that destroyed infrastructure in Minembwe and other areas,” Nteziryayo said.
The lawyers also allege that the attacks were accompanied by statements they consider to be hate speech, which they attribute to senior officials and other influential figures in DRC.
Nteziryayo said the complaint also names the Burundian military and some of its officials, alleging that they were involved in attacks against Banyamulenge civilians and the destruction of their infrastructure.
The complaint submitted to the ICC argues that the alleged acts could amount to crimes against humanity, war crimes, forced displacement on ethnic grounds and genocide.
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