Armed activities on the territory of the Congo (Democratic Republic of Congo v. Uganda) - The Court orders the Parties to refrain forthwith from any armed action and enjoins them to ensure full respec

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. 2000/24
1 July 2000

Armed Activities on the Territory of the Congo
(Democratic Republic of the Congo v. Uganda)

The Court orders the Parties to refrain forthwith from any armed action
and enjoins them to ensure full respect within the zone of conflict

for fundamental human rights

THE HAGUE, 1 July 2000. The International Court of Justice (ICJ) today made an Order

indicating provisional measures in the case concerning Armed Activities on the Territory of the
Congo (Democratic Republic of the Congo v. Uganda).

The Court unanimously held that “both Parti es must, forthwith, prevent and refrain from any
action, and in particular 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”.

The Court unanimously added that “both Parties must, forthwith, take all measures necessary
to comply with all of their obligations under inte rnational law, in particular those under the United

Nations Charter and the Charter of the Organization of African Unity, and with UnitedNations
Security Council resolution 1304 (2000) of 16 June 2000”.

Finally, it unanimously stated that “both Parties must, 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”.

Reasoning of the Court

The Court first notes that the two Parties have each made a declaration recognizing the

jurisdiction of the Court and that neither of th ese declarations includes any reservation. It
accordingly concludes that these declarations constitute a prima facie basis upon which its
jurisdiction in the present case might be founded.

The Court then notes Uganda’s argument that the request for the indication of provisional

measures filed by the Democratic Republic of the Congo on 19 June 2000 concerns essentially the
same issues as the United Nations Security Council resolution 1304 (2000) of 16June2000.
It observes that Uganda argues that the request is inadmissible and that it is, moreover, moot, since
Uganda fully accepts the resolution in question and is complying with it.

The Court states that “resolution1304... a nd the measures taken in its implementation...
do not preclude [it] from acting in accordance with its Statute and with the Rules of Court”. It
recalls in particular that “while there is ithe Charter ‘a provision for a clear demarcation of - 2 -

functions between the General Assembly and the Secu rity Council . . . there is no similar provision
anywhere in the Charter with respect to the Security Council and the Court. The Council has

functions of a political nature assigned to it, whereas the Court exercises purely ju
dicial functions.
Both organs can therefore perform their separate but complementary functions with respect to the
same events.’” In the present case, the Court obser ves, the Security Council has taken no decision
which would prima facie preclude the rights clai med by the Congo from “be[ing] regarded as

appropriate for protection by the indication of provisional measures”.

The Court takes note, further, of the Lusaka Agreement, “an international agreement binding
upon the Parties”, which also does not preclude it fr om acting in accordance with its Statute and

with the Rules of Court.

After having recalled that the power of the C ourt to indicate provisional measures “has as its
object to preserve the respective rights of the parties pending the decision of the Court, and

presupposes that irreparable prejudice shall not be caused to rights which are the subject of
dispute”, the Court observes that it is “not disputed that at this date Ugandan forces are present on
the territory of the Congo, that fighting has taken place on that territory between those forces and
the forces of a neighbouring State, that the fighting has caused a large number of civilian casualties

in addition to substantial material damage, and that the humanitarian situation remains of profound
concern”. It adds that it is also “not disputed that grave and repeated violations of human rights
and international humanitarian law, including mas sacres and other atrocities, have been committed
on the territory of the Democratic Republic of th e Congo”. It finally recalls that, by virtue of

Article41 of its Statute, it possesses the power to indicate provisional measures with a view to
preventing the aggravation or extension of the dispute.

Taking all of these circumstances into account, the Court is of the opinion that “persons,

assets and resources present on the territory of the Congo, particularly in the area of conflict,
remain extremely vulnerable, and that there is a seri ous risk that the rights at issue in this case . . .
may suffer irreparable prejudice”. It accordingly concludes that “provisional measures must be
indicated as a matter of urgency in order to protect those rights”.

The Court further states that the decision it has given today in no way prejudges the question
of the jurisdiction of the Court to deal with the merits of the case, or any questions relating to the
merits themselves.

Composition of the Court

The Court was composed as follows: President Guillaume; Judges Oda, Bedjaoui, Ranjeva,

Herczegh, Fleischhauer, Koroma, Vereshchetin, Higgins, Parra-Aranguren, Kooijmans, Rezek,
Al-Khasawneh, Buergenthal; Registrar Couvreur.

Judges Oda and Koroma have appended declarations to the Order.

___________

The full text of the Order and of the decl arations is available on the Court’s website

(http://www.icj-cij.org). A summary of the Order will be issued later.
___________

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]