Certain Criminal Proceedings in France (Republic of the Congo v. France) - Fixing of time-limits for the filing of written pleadings

INTERNATIONAL COURT OF WSTICE

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. 2003/21
16July 2003

Certain Criminal Proceedings in France
(Republic of the Congo v.France)

Fixing of time-limits for the filing of written pleadings

THE HAGUE, 16 July 2003. The President of the International Court of Justice (ICJ) has
fixed time-limits for the filingof written pleadings in the case concerning Certain Criminal
Proceedings in France (Republic of the Congo v.France).

By Order of 11 July 2003, President Shi decided that the Republic of the Congo would file a

Memorial no later than 11 December 2003 and that France would then file a Counter-Memorial no
later than11May 2004.

The President of the Court fixed the time-limits taking into account the agreement of the
Parties.

History of the proceedings

On 9 December 2002, the Republic of the Congo filed in the Registry of the Court an
Application instituting proceedings against France seeking the annulmentof the investigations and

prosecution measures taken by the French judicial authorities further to a complaint concerning
crimes against humanity and torture allegedly committed in the Congo against individuals of
Congolese nationality filed by various human rights associations against the President of the
Republic of the Congo, Mr. Denis SassouNguesso, the Congolese Minister of the Interior,

General Pierre Oba, and other individuals including General Norbert Dabira, Inspector-General of
the Congolese Armed Forces, and General Blaise Adoua, Commander ofthe Presidential Guard.

The Congo contends that by "attributing to itself universal jurisdiction in criminal matters
and by arrogating to itself the power to prosecute and try the Minister the Interior of a foreign

State for crimes allegedly committed by him in connection with the exercisef his powers for the
maintenance of public order in his country", France violated "the principle that a State may not, in
breachof the principle of sovereign equality among all Members of the United Nations ... exercise
its authority on the territoryanother State". The Congo further submits that, in issuing a warrant
instructing police officers to examine the President of the Republic of the Congo as witness in the

case, France violated ''the criminal immunity of a foreign Head of State- an international
customary rule recognized by the jurisprudencef the Court".

In its Application, the Congo indicated that it proposed to found the jurisdiction of the Court,

pursuant to Article 38, paragraph 5,the Rules of Court, "on the consent ofthe French Republic,
which will certainly begiven". In accordance with this provision, the Congo's Application was
transmitted to the French Government and no action was taken in the proceedings. By a letter
dated 8Apri12003 and received in the Registry on 11April2003, France stated that it "consent[ed] -2-

to the jurisdiction of the Court to entertain the Application pursuant to Article 38, paragraph 5".

This consent made it possible to enter the case in the Court's List and to open the proceedings.

The Congo's Application was accompanied by a request for the indication of a provisional

measure "seek[ing] an arder for the immediate suspension of the proceedings being conducted by
the investigating judge of the Meaux Tribunal de grande instance". Public hearings were held on
28 and 29 April 2003. At those hearings, the Congo confirmed its request for the indication of a
provisional measure while France asked the Court to reject that request and not to indicate any such

measure. By Order of 17 June 2003 the Court found, by fourteen votes to one, that the
circumstances were not such as to require the exercise of its power to indicate provisional
measures.

Procedure

Contentious proceedings before the Court consist of two parts: written and oral. During the
first phase, written pleadings are exchanged. The applicant State files a Memorial to which the

respondent State replies in a Counter-Memorial. In certain cases the Court may further authorize or
direct a Reply by the Applicant and a Rejoinder by the Respondent. Upon the closure of the
written phase, public hearings are organized. TheCourt then delivers its Judgment.

The pleadings remain confidential during the written phase of the proceedings. They are
made accessible to the public only on or after the opening of the oral proceedings, subject to a
decision to that effect by theurt after it has consulted the parties.

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

Information Department:

Mr. Arthur 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]