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INTERNATIONAL COURTOFJUSTICE
Peace Palace, 2517 KJ The Hague. TeL(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address: http: Il www.icj-cij.org
Conununiqué
unofficial
forimmediaterelease
No. 99/34
23 June 1999
The "Democratie Republic of Congo institutes proceedings against
Burundi, Uganda and Rwanda on account of "acts of armed aggression"
THE HAGUE, 23 June 1999. The Democratie Republic of Congo (DRC) today instituted
proceedings before the International Court of Justice (ICJ) against Burundi, Uganda and Rwanda
respective!y for "acts of armed aggression committed ... in flagrant breach of the United Nations
Charter and of the Charter of the Organization of African Unity (OAU)".
In its Applications, the DRC contends that the invasion of Congolese territory by Burundian,
Ugandan and Rwandan troops on 2 August 1998 (an invasion currently claimed to involve fighting
in seven provinces) consttutes a "violation of [its] sovereignty and of [its] territorial integrity", as
weil as a "threat to peace and security in central Africa in general and in the Great Lakes region
in particular". The DRC accuses the three States of having attempted to "seize Kinshasa through
the lower Congo, in arder to overthrow the Government of Public Salvation and assassinate
President Laurent DésiréKabila, with the abject ofinstalling a Tutsi régimeor a régimeunder Tutsi
control". The DRC also accuses those States of "violations of international humanitarian law and
massive violations of human rights" (massacres, rapes, attempted kidnappings and murders), and
of the looting of large numbers of public and private institutions. 1t further daims that "the
assistance given to the Congolese rebellîon or rebellions . . . and the issue of frontier security were
mere pretexts designed to enable the aggressors to seize the assets of the territories invaded and
hold the civil population to ransom".
The Democratie Republic of Congo accordingly asks the Court to declare that Burundi,
Uganda and Rwanda are guilty of acts of aggression; that they have violated and continue to
violate the 1949 Geneva Conventions and their 1977 Additional Protocols; that, by taking forcible
possession of the Inga hydroelectric dam and deliberately regularly causing massive electric power
cuts, they have made themselves responsible "for very heavy lasses of life in the city of
Kinshasa ... and the surrounding region"; and that, in shooting down a Boeing 727 aircraft on
9 October 1998, the property of Congo Airlines, and thus causing the death of 40 civilîans, they
violated certain international treaties relating to civil aviation.
The DRC further requests the Court to declare that the armed forces of Burundi, Uganda and
Rwanda must "forthwith vacate the territory" of the Congo; that the said States "must secure the
immediate and unconditional withdrawal from Congolese territory of [theîr] nationals, bath
individuals and corporate entitîes"; and that the DRC "is entitled to ..compensation in respect
of ali acts of looting, destruction, removal of property and of persans and other unlawful acts
attributable" to the States concemed.
In its Application instituting proceedings againstnda, the DRC invokes as a basis for the
jurisdictionof the Court the declarations by which both States have accepted the compu!sory
jurisdiction of the Court in relation to any other State accepting the same obligation (Article 36,
paragraph 2, of the Statute of the Court). - 2 -
In its Applications instituting proceedings against Burundi and Rwanda, the DRC invokes
Article 36, paragraph ofthe Statute of the Court, the New York Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment orPunish~e of10 December 1984 and the
Montreal Convention for the SuppressionUnlawful Acts1A:gainstthe Safety of Civil Aviation of
23 September 1971, and also Article 38, paragraph 5, of the Rules of CourThis Article
contemplates the situation where ate files an application' against another State which bas not
accepted the jurisdiction the Court. As to Article36~ paragraph 1, it provides that "the
jurisdiction of the Court comprises all cases whpartihr~sr to it and ail matters specially
provided for in the Charter of the United Nations or in treaùes and conventions in force".
The full textof the Applications instituting p~gaiedBnurndi,U ganda and Rwanda
willbe available shortly on the Court's we(http://ww~.icj-cij.org).
Information Office
Mr. Arthur Wîtteveen, Secretary of the Court (teL + 31 70 302 23 36)
Mrs. Laurence Blairon, Informationficer (tel+ 3170 302 23 37)
E-mail address: information@icj -cij.org
Armed activities on the territory of the Congo (Democratic Republic of Congo v. Burundi) - The Democratic Republic of Congo institutes proceedings against Burundi, Uganda and Rwanda on account of "acts of armed aggression"