ICJ postpones DRC v. Uganda reparation case to Friday 22 November

The International Court of Justice (ICJ), the principal judicial organ of the United Nations, has postponed the public hearings on the question of reparations in the case concerning Armed Activities on the Territory of the Congo (Democratic
Republic of the Congo v. Uganda), which had been due to take place between Monday 18 and Friday 22 November 2019.

The Court made its decision taking into consideration the joint request submitted by the Parties by a letter dated 9 November 2019.

The DRC filed its application to the ICJ in June 1999, alleging that acts of armed aggression carried out by Uganda on DRC territory constituted a flagrant violation of the United Nations Charter and the Charter of the Organization of African Unity.

The DRC submitted three claims:  (1) by engaging in military and paramilitary activities against the DRC and by occupying DRC territory and actively extending military, economic and financial support to irregular forces operating in the DRC, Uganda violated international law governing non-use of force, peaceful settlement of disputes, respect of sovereignty, and non-intervention; (2) by committing acts of violence against DRC nationals and destroying their property, and by failing to prevent such acts by persons under its control, Uganda violated international legal obligations to respect human rights, including the obligation to distinguish between civilian and military objectives during armed conflict; and (3) by exploiting Congolese natural resources and pillaging DRC assets and wealth, Uganda violated international law governing rules of occupation, respect for sovereignty over natural resources, right to self-determination of peoples, and the principles of non-interference in domestic matters. 

Uganda filed three counter-claims: (1) the DRC used force against Uganda in violation of the Article 2(4) of the UN Charter; (2) the DRC allowed attacks on Ugandan diplomatic premises and personnel in Kinshasa in violation of the law of diplomatic protection; and (3) the DRC violated certain elements of the 1999 Lusaka Agreement.

In its order of November 2001, the Court found the first and second claims formed part of the same ?factual complex? as the DRC claims and were therefore admissible under Article 80 of the Rules of the Court. The third counter-claim was deemed inadmissible on the ground it was not directly connected to the subject-matter of the DRC claims.

On July 1, 2000, the Court issued provisional measures requiring that both parties ?refrain from any action ?., which might prejudice the rights of the other Party ? or which might aggravate or extend the dispute.

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in
April 1946. The Court is composed of 15 judges elected for a nine-year term by the
General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States (its judgments have binding force and are without appeal for the parties concerned); and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.

Credit: America Society of International Law, ICJ

Categories: Politics, Security

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