The upsurge of violence in the Kivu conflict saw heavy battles between the Democratic Republic of Congo's army, supported by the United Nations, and Tutsi militia under General Laurent Nkunda.

The rebel capture of all territory around Goma created a very fragile atmosphere of peace, caused enormous political damage, and called to question the efficacy of the peacekeepers stationed there.

The continuous state of conflict affecting DR Congo since 1997 has been referred to as the deadliest since World War II, with aid agencies estimating a death rate of 1,200 to 1,400 civilians a day.

[9] Nkunda's rebels had been active in Nord-Kivu, a province bordering Lake Kivu in the east of the Democratic Republic of Congo, since 2004, when they occupied Bukavu and allegedly committed war crimes.

[15] On October 26, 2008, Nkunda's rebels seized a major military camp, along with the strategically located Virunga National Park, situated on a main road leading to the city of Goma, for use as staging points.

Meanwhile, civilians continued to riot, at some points pelting retreating Congolese troops with rocks, though UN spokeswoman Sylvie van den Wildenberg stated that the UN has "reinforced [their] presence" in the region.

[23] That same day a French request for an EU reinforcement of 1,500 troops was refused by several countries and appeared unlikely to materialize; however, the UN forces in place stated they would act to prevent takeovers of population centers.

"[32] On October 31, 2008, Nkunda declared that he would create a "humanitarian aid corridor", a no-fire zone where displaced persons would be allowed back to their homes, given the consent of the United Nations task force in the Congo.

In a shared statement, the coalition of organizations stated that "[The reinforcements] would help to prevent the atrocities that continue to be committed against civilians on an ever greater scale here in North Kivu [province], on the border of Rwanda and Uganda...

[9] On November 20, 2008, the UN voted unanimously to send 3,085 more peacekeepers, citing "extreme concern at the deteriorating humanitarian situation and in particular the targeted attacks against civilian population, sexual violence, recruitment of child soldiers and summary executions."

[52][53] While rebel troops did abide by the temporary ceasefire, Nkunda spoke to a crowd of 1,500 in a stadium in the rebel-held town of Rutshuru to tell them to reject the recent deployment of 3,000 more peacekeepers.

[59] Meanwhile, a crowd of 100,000 displaced persons gathered in the rebel-held town of Rutshuru, where the United Nations were distributing supplies and medicine, intended to help combat cholera, which was reported to be affecting hundreds of people, having spread through unsanitary refugee camps.

CNDP representatives, led by deputy executive secretary Serge Kambasu Ngeve, had arrived in the Kenyan capital city of Nairobi believing that they would be participating in bilateral discussions with the Congolese government alone.

On December 9, 2008, at 1230 (GMT) bilateral talks between the CNDP and Kinshasa government opened at the United Nations headquarters in the Kenyan capital city of Nairobi, mediated by UN envoy Olusegun Obasanjo; the respective leaders of the two groups, Laurent Nkunda and President Joseph Kabila, did not participate.

Kenyan Foreign Minister Moses Wetangula issued a statement to the delegations telling them to "put aside your differences and realise that you have only one Congo, and that the international community is here with you to encourage and assist you.

"[70] Meanwhile, the Chinese embassy in Kinshasa, Congo, offered to help mediate the talks, having sent envoy Guojin Liu to the region the previous day to discuss a peace deal, according to ambassador Wu Zexian.

[67] At a meeting in Brussels, Belgium on December 9, 2008, European Union ministers remained divided over the issue of sending a "bridging force" of EU troops to stabilize the region until UN reinforcements could be deployed.

Secretary-General of the United Nations Ban Ki-moon had repeatedly expressed a desire earlier on to provide forces to fill the gap between UN reinforcements; the EU placed Foreign Policy chief Javier Solana and the European Commission in charge of preparing a response.

Aid groups criticized the indecision, with Oxfam Head of Office in Brussels Elise Ford reprieving the EU and claiming that "We have had a month of every possible excuse as to why Europe will not send forces to bolster U.N. peacekeepers.

"[71] On December 10, 2008, after CNDP and Congolese government representatives had met, UN envoy Olusegun Obasanjo stated that "[both sides] have made progress in their talks" and that they would have future, substantive discussions, though no date or location was decided.

Said a UN statement, "We remain extremely concerned for the safety of the displaced Congolese population in Kibati as the civilian character of these two UNHCR-run camps north of Goma is continually violated."

Reuters reported that a senior Western Security Council diplomat claimed that, while criticism was not invalid, other countries with reserves of troops should aid failing peacekeeping missions.

Despite the organization's largest peacekeeping force being situated there, he claimed that "compared to the enormity of the tasks it is assigned and the vast expanse of the DRC – roughly the size of the United States east of the Mississippi and virtually without infrastructure – this number is actually rather small.

Civilians have suffered from intense and often chaotic fighting, driven from their homes, caught in the crossfire and subjected to direct attacks and reprisals by armed groups and undisciplined elements of the national army.

High Representative for the Common Foreign and Security Policy Javier Solana will meet with Secretary-General Ban Ki-moon on December 15 at the United Nations Headquarters to discuss the issue further.

The UN released a statement, saying that "We remain extremely concerned for the safety of the displaced Congolese population in Kibati as the civilian character of these two UNHCR-run camps north of Goma is continually violated."

Mustapha Darboe, the agency's regional director for East, Central and Southern Africa, claimed that "The suffering in Dungu has been overlooked as events further south in Goma and North Kivu have taken centre stage in recent weeks.

[113] On November 26 the United Nations began investigations on war crimes in the conflict, stating "alarming" evidence of "target killings and possibly massacres of civilians".

According to DR Congo Special Representative Alan Doss MONUC had opened "several investigations into alleged massacres and extra-judicial executions", stating that "All belligerents have committed serious atrocities against civilians... Women and children have suffered most from the recurrent fighting.

Ban also cited the International Criminal Court's warrant for the arrest of CNDP chief of staff Bosco Ntaganda, wanted for allegedly conscripting children into service in the Ituri region of eastern Congo in 2003.