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. 2002/32
13 November 2002
Armed Activities on the Territory of the Congo
(Democratic Republic of the Congo v. Uganda)
The Court extends by seven days the time-limit for
the filing of Uganda’s Rejoinder
THE HAGUE, 13 November 2002. The International Court of Justice (ICJ) has extended by
seven days the time-limit for the filing by Uga nda of its Rejoinder in the case concerning Armed
Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda). By an
Order of 7November2002, it fixed 6 December 2002 as the new time-limit for the filing of this
written pleading.
The subsequent procedure was reserved for further decision.
The Order was made following a request by Uganda and after the Congo had indicated that it
did not object to the extension.
History of the proceedings
On 23June1999 the Democratic Republic of the Congo (DRC) filed in the Registry of the
Court Applications instituting proceedings agains t Burundi, Uganda and Rwanda respectively for
“acts of armed aggression perpetrated in flagrant violation of the United Nations Charter and of the
Charter of the OAU”.
In its Applications, 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 Lake s region in particular”; it was also seeking
reparation for acts of intentional destruction anlooting, and the restitu tion of national property
and resources appropriated for the benefit of the respective respondent States.
In the cases against Burundi and Rwanda, the DRC invoked several instruments as bases for
the Court’s jurisdiction, as well as Article38, paragraph5, of the Rules of Court, which
contemplates the situation where a State files an application against another State that has not
accepted the jurisdiction of the Court. In th e case against Uganda, the DRC invoked as basis for
the Court’s jurisdiction the declarations wh ereby both States have accepted the compulsory
jurisdiction of the Court in relation to any other State accepting the same obligation (Art.36,
para. 2, of the Statute of the Court).
By letters dated 15January2001, the DRC notif ied the Court that it wished to discontinue
the proceedings against Burundi and Rwanda, and stated that it “reserve[d] the right to invoke - 2 -
subsequently new grounds of jurisdiction of the C ourt”. After the respondent Parties had informed
the Court that they concurred in the DRC’s discontin uance, the President of the Court, in Orders of
30 January 2001, placed the discontinuance by the DRC on record and ordered the removal of each
of the cases from the List.
In the case against Uganda, the Court, taking into account the agreement of the Parties, fixed,
by an Order of 21 October 1999, 21 July 2000 as the time-limit for the filing of a Memorial by the
Congo and 21April2001 for the filing of a Count er-Memorial by Uganda. The Memorial of the
DRC was filed within the prescribed time-limit.
On 19 June 2000 the DRC, in the same case against Uganda, filed a request for the indication
of provisional measures, stating that “since 5J une last, the resumption of fighting between the
armed troops of... Uganda and another foreign army has caused considerable damage to the
Congo and to its population” , and “these tactics have been unanimously condemned, in particular
by the United Nations Security Council”. By letters of the same date, the President 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 any 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 filed within the time-limit thus fixed.
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The full text of the Order will shortly be av ailable on the Court’s website at the following
address: http://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 extends by seven days the time-limit for the filing of Uganda's Rejoinder