INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org
Press Release
Unofficial
No. 2003/12
10 February 2003
Armed Activities on the Territory of the Congo
(Democratic Republic of the Congo v. Uganda)
The Court authorizes the submission of an additional written pleading by the
Democratic Republic of the Congo, to be filed by 28 February 2003
THE HAGUE, 10 February 2003. The Interna tional Court of Justice (ICJ) has authorized
the submission by the Democratic Republic of th e Congo of an additional pleading relating solely
to the counter-claims submitte d by Uganda in the case concerning Armed Activities on the
Territory of the Congo (Democratic Republic of the Congo v. Uganda).
By an Order of 29 January 2003 it fixed 28 February 2003 as the time-limit for the filing of
this written pleading.
The subsequent procedure was reserved for further decision.
History of the proceedings
On 23June1999 the Democratic Republic of the Congo (DRC) filed in the Registry of the
Court an Application instituting proceedings against Uganda for “acts of armed aggression
perpetrated in flagrant violation of the United Nations Charter and of the Charter of the OAU”.
In its Application, the DRC contended that “such armed aggression . . . ha[d] involved inter
alia violation of the sovereignty and territorial inte grity of the [DRC], violations of international
humanitarian law and massive human rights violati ons”. The DRC sought “to secure the cessation
of the acts of aggression directed against it, which constitute a serious threat to peace and security
in central Africa in general and in the Great Lakes region in particular”; it also sought
“compensation from Uganda in respect of all acts of looting, destruction, removal of property and
persons and other unlawful acts attributable to [it], in respect of which the [RDC] reserves the right
to determine at a later date the precise amount of the damage suffered, in addition to its claim for
the restitution of all property removed”.
The DRC invoked as basis for the Court’s jurisd iction the declarations whereby both States
have accepted the compulsory jurisdiction of the Co urt in relation to any other State accepting the
same obligation (Art. 36, para. 2, of the Statute of the Court).
Taking into account the agreement of the Parties, the Court, by an Order of 21 October 1999,
fixed 21July2000 as the time-limit for the filingof a Memorial by the Congo and 21April2001 - 2 -
for the filing of a Counter-Memorial by Uganda. The Memorial of the DRC was filed within the
time-limit thus prescribed.
On 19 June 2000 the DRC filed a request for th e indication of provisional measures, stating
that “since 5 June [2000], the resumption of fighting between the armed troops of . . . Uganda and
another foreign army ha[d] caused considerable damage to the Congo and to its population”, and
“these tactics ha[d] been unanimously condemned, in particular by the United Nations Security
Council”. By letters of the same date, the Presi dent of the Court, acting in conformity with
Article 74, paragraph 4, of the Rules of Court, drew “the attention of both Parties to the need to act
in such a way as to enable an y Order the Court will make on the request for provisional measures
to have its appropriate effects”.
Public sittings to hear the oral observations of the Parties on the request for the indication of
provisional measures were held on 26 and 28 June 2000 and, at a public sitting held on 1 July 2000,
the Court rendered its Order. The Court unanimously found that “both Parties must, forthwith,
prevent and refrain from any action, and in partic ular any armed action, which might prejudice the
rights of the other Party in respect of whatever judgment the Court may render in the case, or which
might aggravate or extend the dispute before the Court or make it more difficult to resolve”;
“forthwith, take all measures nec essary to comply with all of their obligations under international
law, in particular those under the United Nations Charter and the Charter of the Organization of
African Unity, and with United Nations Security Council resolution 1304 (2000) of 16 June 2000”;
and “forthwith, take all measures necessary to ensure full respect within the zone of conflict for
fundamental human rights and for the applicable provisions of humanitarian law”.
Within the time-limit of 21April2001 fixed by the Court’s Order of 21October1999,
Uganda filed its Counter-Memorial. The Counte r-Memorial contained counter-claims. By an
Order of 29November 2001 the Court found that tw o of the counter-claims submitted by Uganda
against the DRC were “admissible as such and [forme d] part of the current proceedings”, but that
the third was not. In view of these findings, the Court considered it necessary for the DRC to file a
Reply and Uganda a Rejoinder, addressing the claims of both Parties, and fixed 29 May 2002 as the
time-limit for the filing of the Reply and 29 November 2002 for the Rejoinder. Further, in order to
ensure strict equality between the Parties, the Court reserved the right of the DRC to present its
views in writing a second time on the Uganda counter-c laims, in an additional pleading to be the
subject of a subsequent Order. The Reply was file d within the time-limit fixed. By an Order of
7 November 2002, the Court extended the time-limit fo r the filing by Uganda of its Rejoinder and
fixed 6 December 2002 as the new time-limit. The Rejoinder was filed within the time-limit as
thus extended.
___________
The full text of the Order will shortly be av ailable on the Court’s website at the following
address: www.icj-cij.org
___________
Information Department:
Mr. Arthur Th. Witteveen, First Secretary (+31 70 302 23 36)
Mrs. Laurence Blairon and Mr. Boris Heim, Information Officers (+31 70 302 23 37)
E-mail address: [email protected]
Armed activities on the territory of the Congo (Democratic Republic of Congo v. Uganda) - The Court authorizes the submission of an additional written pleading by the Democratic Republic of the Congo, to be filed by 28 February 2003