The Democratic Republic of Congo institutes proceedings against Belgium concerning an international arrest warrant issued by a Belgian examining judge against the DRC's acting Minister for Foreign Aff

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INTERNATIONAL COURT OF IDSTICE

Peace Palace, 2517 KJ The Hague. Tel: +31 (0)70 302 23 23. Cables: Intercourt,
The Hague. Fax: +31 (0)70 364 99 28. Telex: 32323. E-mail address:
[email protected]. Internet address: http://www.icj-cij.org.

Press Release
Unofficial

No. 2000/32
17October 2000

The Democratie Republic of the Congo institutes proceedings against Belgium concerning
an international arrest warrant issuedby a Belgian exam.iningjudge against
the DRC's acting Minister for Foreign Affairs

The DRC seises the Court of a reguest for a provisional measure seeking to have
the arrest warrant withdrawn forthwith

THE HAGUE, 17 October 2000. Tonight, the Democratie Republic of the Congo (DRC)
filedin the Registry of the Court an Application înstituting proceedings against Belgium
concerning an international arrest warrant issued on 11 April 2000 by a Belgian examining judge
against the DRC'sacting Minister for Foreign Affairs,r. YerodiaAbdoulaye Ndombasi, seeking
his detention and subsequent extradition to Belgiurn for alleged crimes constituting "grave
violations of international humanitarian law". The international arrest warrant was transmitted to
ail States, including the DRC, whichreceived iton 12July 2000.

In its Application, the DRC notes that the arrest warrant, issued bMr. Vandermeersch,
examining judge at the Brussels Tribunal de premièreinstance, characterizes the alleged facts
"crimes of international law committed by action or omission against persans or property protected
by the Geneva Conventions of 12 August 1949 and the Additional Protocols I and II to those
Conventions, crimes against humanity" and cites in support of this proposition provisions of the
allegedly applicable BelgianLaw of 16 June 1993 as amended by the Law of 10 February 1999
pertaining to the punishment of grave violations of international hwnanitarian law. The
Democratie Republic of the Congo states that, accordingta the terms of the warrant, the examining
judge affirms his competence to dealith facts allegedly committed on the territory of the DRC by

• a nationalof that State, without it being alleged that the victims are of Belgian nationality, or that
the facts constitute violations the security or dignity of the Kingdom of Belgium. It further
observes that Article 5 of the above-mentioned Belgian Law prescribes that "the immunity
conferred by a person's official capacity does not prevent application of this Law" and that
Article 7 of the same Law establishes the universal applicability of the Law and the universal
jurisdiction of Belgian courts in relation to "grave violations of international humanitarian law",
whlchjurisdiction is not subject to the presence of the accused on Betertory.

The DRC maintains that Article 7 of the Belgian Law and the arrest warrant issued on the
basis of that Article constitute "a violation of the principle whereby a State may not exercise its
authority on the territory of another State and the principle of sovereign equality among ali
members of the United Nations", as declared in Article 2, paragraph 1, of the Charter. It also

maintains that Article 5 and the arrestrant contravene international law, in so far as they claîm
toderogate from the diplomatie immunity of the Minister for Foreign Affairs of a sovereign State,
"deriving from Article 41, paragraph, of the Vienna Convention of 18Aprill961 on Diplomatie
Relations". -2-

Accordîngly, the DRC asks the Court to declare that ,Belgium must annul the international
arrest warrant issued against Mr. Yerodia Abdoulaye Ndombasi.

As a basis for the Court'sjurisdiction, theinvokes the fact that "Belgiurn bas accepted
the Court's jurisdiction and [that], to thextent necessary, the present Application signifies
acceptance of that jurisdiction by the Democratie Republic of the Congo".

The Democratie Republic of the Congo also filed tonight a request for the indication of a
provisional measure seekîng"to have the arrest warrant withdrawn forthwith". In its request, the
DRC maintains that "the two conditions that are essential for the indication of a provisional
measure under the jurisprudence of the Court - urgency and the existence of irreparable
damage - are manifestly present in this caIt"stresses inter alia that "the disputed international
arrest warrant in effect prevents theC] Minister from departing that State for any other State
where his duties may call him and, accordingly, from accomplîshing hises".

The full text of the Application and of the request for the indication of a provisional measure
submitted by the Democratie Republic of the Congo will shortly be available on the Court's website
(http://W\VW.icj-cij .org).

Information Department:
Mr. Arthur Witteveen, First Secretary (+ 31 70 302 23 36)

Mrs. Laurence Blairon, Information Officer (+ 31 70 302 23 37)
E-mail address: [email protected]

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