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. 2003/24
25 July 2003
Armed Activities on the Territory of the Congo
(Democratic Republic of the Congo v. Uganda)
The Court will hold public hearings from 10 to 28 November 2003
THE HAGUE, 25 July 2003. The International Court of Justice (ICJ), principal judicial
organ of the United Nations, will hold public hear ings in the case concerning Armed Activities on
the Territory of the Congo (Democratic Republic of the Congo v. Uganda) from Monday 10 to
Friday 28 November 2003 at the Peace Palace in The Hague, seat of the Court.
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 th at “such armed aggression... ha[d] involved
inter alia violation of the sovereignty and territorial integrity of the [DRC], violations of
international humanitarian law and massive human rights violations”. The DRC sought “to secure
the cessation of the acts of aggression directed agains t 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 [DRC] 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
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 - 2 -
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 three counter-claims. The
first concerned alleged acts of aggression against it by the DRC; the second related to attacks on
Ugandan diplomatic premises a nd personnel in Kinshasa and on Ugandan nationals for which the
DRC was alleged to be responsible; and the third dealt with alleged violations by the DRC of the
Lusaka Agreement. Uganda asked that the issue of reparation be reserved for a subsequent stage of
the proceedings. By an Order of 29November2001 the Court found that the first two
counter-claims submitted by Uganda against the D RC were “admissible as such and [formed] part
of the current proceedings”, but that the thir d was not. In view of these findings, the Court
considered it necessary for the DRC to file a Repl y and Uganda a Rejoinder, addressing the claims
of both Parties, and fixed 29May2002 as the time-limit for the filing of the Reply and
29November2002 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-claims, in an a dditional pleading to be the subject of a subsequent Order. The
Reply was filed within the time-limit fixed. By an Order of 7 November 2002, the Court extended
the time-limit for the filing by Uganda of its Rejoinder and fixed 6 December 2002 as the new
time-limit. The Rejoinder was filed within th e time-limit as thus extended. The additional
pleading of the DRC relating solely to the counter-claims submitted by Uganda was filed within the
time-limit of 28 February 2003 fixed by the Court in an Order of 29 January 2003.
*
N OTE TO THE PRESS
1. The public hearings will be held in th e Great Hall of Justice of the Peace Palace in
TheHague, Netherlands. Mobile telephones and beepers are allowed in the courtroom
provided they are turned off or set on silent mode . Any offending device will be temporarily
retained.
2. Members of the Press will be entitled to attend the hearings on presentation of a press
card. The tables reserved for them are situated on the far left of the public entrance of the
courtroom. - 3 -
3. Photographs and TV shots may be taken in the Great Hall of Justice for a few
minutes at the opening of the sittings. The Court’s proceedings will be displayed live and in full
on a large TV screen in the Press Room, located on the ground floor of the Peace Palace (Room 5).
There, TV crews may connect their recording devi ces directly onto the new video system of the
Court, but advance notice should be given to the Information Department. Journalists wishing to
make sound recordings of the proceedings may conn ect their recording devices directly onto the
Court’s own audio system, also in the Press Room.
4. Telephone calls (collect calls only) ma y be made from the phone located in the Press
Room. Public telephones are located in the Post Office in the basement of the Peace Palace.
5. The verbatim records of the public hearings will be published daily on the Court’s website
(www.icj-cij.org) with an appropriate delay for on-line publication of translations.
6. Mr.Arthur Witteveen, First Secretary of the Court (Tel.: +31-70-302-2336), as well as
Mrs. Laurence Blairon and Mr. Boris Heim, Inform ation Officers (Tel.: +31-70-302-2337; e-mail
address: [email protected]), are available to deal with any Press requests.
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Armed activities on the territory of the Congo (Democratic Republic of Congo v. Uganda) - The Court will hold public hearings from 10 to 28 November 2003