Armed activities on the territory of the Congo (Democratic Republic of Congo v. Rwanda) - The Court fixes time-limits for the filing of written pleadings and decides that in two cases the proceedings

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INTERNATIONAL COURTOFJUSTICE

Peace Palace, 2517 KI 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

Communiqué

unofficial
forimmediate release

No. 99/45
25 October 1999

Armed Activities on the Territory of the Congo
(J>emocratic Republic of the Congo v. Burundi) (J>emocratic Republic

of the Congo y, Uganda) (Democratie Republic of the Congo v. Rwanda)

The Court fixes time-limits for the filing of written pleadings
and decides that in two cases the proceedings shaH first
address questions of jurisdiction and admissibility

. THE HAGUE, 25 October 1999. By Orders dated 21 October 1999, the International Court
. of Justice (ICJ) fixed time-limits for the filing of written pleadings in the above-mentioned cases.

ln two cases (Democratie Republic ofthe Congo v. Burundi) and (Democratie Republic of
the Congo v. Rwanda), the respondent States (Burundi and Rwanda) indicated their intention to
raise prelimînary objections to the jurisdiction of the Court and the admissibility of the Application.
Accordingly, the Court decided that the written proceedings should first address those questions.

In the third case (Democratie Republic of the Congo v. Uganda), no such objections having
been raised at this stage of the proceedings, the Court fixed time-limits for the filing of written
·pleadings on the merits of the dispute.

1. Democratie Republic of the Congo v. Burundi

At a meeting held between the President of the Court, Judge Stephen M. Schwebel, and the
Parties on 19October 1999, the Agent of Burundi indicated that in the opinion of his Govemment
the Court bad nojurisdiction to entertain the Application. Accordîngly, the Parties agreed to request

the Court to determine separately the questions of. jurisdiction and admissibility before any
.proceedings on the merits, on the understanding that Burundi would first present a Memorial dealing
exclusively with those questions and that the Democratie Republic of the Congo would reply ta it
in a Counter-Memorial confined to the same questions.

Taking into account the agreement between the Parties, the Court decided tbat the written
proceedings should first address the questions of the jurisdiction of the Court to entertain the
Application and of its admissibility. lt fixed 21 April 2000 as the time-limit for the filing of a
Memorial by Burundi and 23 October 2000 as the time-Jimit for the filing of a Counter-Memorial
by the Democratie Republic of the Congo. "
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2. Democratie Republic of the Congo v. Uganda

Taking into account the agreement of the Parties, as expressed at a meeting held with them
by the President of the Court on 19 October 1999, the Court fixed 21 July 2000 as the time-limit
for the filing of a Memorial by the Democratie Republic of the Congo and 21 April 2001 as
the time-limit for thei1ingof a Counter-Memorial by Uganda.

3. Democratie Republic of the Congo y, Rwanda

At a meeting held between the President of the Court and the Parties on 19 October 1999,
the Agent of Rwanda indicated that in the opinion of his Govemment the Court had no jurisdiction
to entertain the Application.Accordingly, the Parties agreed to request the Court to determine
separately the questionsf jurisdiction and admissibility before any proceedings on the merits, on
the understanding that Rwanda would first present a Memorial dealing exclusively with those
questions and that the Democratie Republicof the Congo would reply toit in a Counter-Memorial

confined to the same questions.

Taking into account the agreement between the Parties, the Court decided that the written e
proceedings should first address the questions of the jurisdiction of the Court to entertain the
Application and of its admissibility. It fixed 21 April 2000 as the time-limit for the filing of
a Memorial byRwanda and 23 October 2000 as the time-1imitfor the filing of a Counter-Memorial
by the Democratie Republic of the Congo.

Background information

On 23 June 1999 the Democratie Republic ofthe Congo (DRC) instituted proceedings before
the Court against Burundi, Uganda and Rwanda, respectively, for "acts of arrned aggression
.perpetrated... in flagrant violation of the United Nations Charter and of the Charter of the
ûrganization of African Unity (OAU)".

ln 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) constitutes a "violation of [its] sovereignty and of [its] territorial integrity", as
weil as a "threat to peace and securityn central Africain general and in the Great Lakes region

in particular". The DRC accuses the three States ofhaving attempted to "capture Kinshasa through
Bas·Congo, in arder to overthrow the Govemment of National Salvation and assassinate President
Laurent DésiréKabila, with the abject of establishing a Tutsi régime or a régime under Tutsi
control". The DRC aIso accuses these States of "violations of international humanitarian law and •
massive human rights violations" (massacres, rapes, abductions and murders), andf the looting of
large numbers of public and private institutions. lt further claims that "the assistance given to the
Congolese rebellion or rebellions . . . and the issue of frontier security were mere pretexts designed
to enable the aggressors to secure for themselveshe assets of the territories invaded and to hold
to ransom the civilian population".

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 and regularly causing massive electric
power cuts, they have made themselves responsible "for very heavy !osses of !ife [in] the city of
Kinshasa ... and the surrounding area"; 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 civilians, they
have violated certain international treaties relating to civil aviation.

The DRC further requests the Court to declare that the armed forces Burundi, Uganda and
Rwanda must "forthwith vacate the territory"of the Congo; that the said States "shall secure the
immediate and unconditional withdrawal from Congolese territory of [their] nationals. both natural ...
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and legal persons"; and that the DRC "is entitled to compensation ... in respect of ali acts of

looting, destruction, removal of property and persons and other unlawful acts attributable" to the
States concemed.

In its Application instituting proceedings against Uganda, the DRC invokes as a basis forthe
jurisdiction of the Court the declarations by which both States have accepted the compulsory
jurisdictionof the Court in relation to any other State accepting the same obligation (Article 36,

paragraph 2, of the Statute of the Court).

ln its Applications instituting proceedings against Burundi and Rwanda, the DRC invokes
Article 36, paragraph 1, of the Statute of the Court (which provides that "the jurisdiction of the
Court comprises ali cases which the parties refer to it and ali matters specially provided for in the
Charter of the United Nations or in treaties and conventions in force"), the New York Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of

10 December 1984and the Montreal Convention for the Suppression ofUnlawful Acts Against the
Safety of Civil Aviation of23 September 1971, as weil as Article 38, paragraph 5, ofthe Rules of
Court. This Article contemplates the situation where a State files an application against another
$tate which has not accepted the jurisdictionof the Court.

The full text of the Court's Orders will be available shortly on the Court's website at the
following address: http://www.icj-cij.org

Information Office:
Mr. Arthur Witteveen, First Secretary (tel: + 31 70 302 2336)
Mrs. Laurence B!airon, Information Officer (tel: + 31 70 302 2337)

E-mail address: [email protected]