Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) - Court to deliver its Judgment on Thursday 14 February 2002 at 3 p.m.

INTERNATIONAL COURTOFJUSTICE·

Peace Palace, 2517 KJ The Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address : http: // www.icj-cij.org

Communiqué

unofficial
forimmediaterelease

No. 2002/2

7 February 2002

Arrest Warrant of 11 April2000
(Democratie Republic ofthe Congo v. Belgium)

Court to deliver its Judgment on Thursday 14 February 2002 at 3 p.m.

THE HAGUE, 7 February 2002. The International Court of Justice (ICJ), principal judicial
organ of the United Nations, will on Thursday 14 February 2002 deliver its Judgment in the case
concerning the Arrest Warrantf 11 April2000 <DemocratieRepublic ofthe Congo v. Belgium).

A public sitting will take place at 3 p.m. in the Peace Palace in The Hague, at which the

President of the Court, Judge Gilbert Guillaume, will read the Court's Judgment, which is binding
and not subject to appeal.

History of the proceedings

On 17 October 2000 the Democratie Republic of the Congo filed in the Registry an

Application instituting proceedings against Belgium in respectof a dispute concerning an
"international arrest warrant issued on 11April 2000 by a Belgian investigating judge ... against
Mr. Abdulaye Yerodia Ndombasi", the then Minister for Foreign Affairs of the DRC, for "serious
violations of international humanitarian law".

On the same day the DRC also filed a request for the indication of a provisional measure,
asking the Court inter alia to make an order for the immediate dischargethe disputed arrest
warrant. Hearings were held from0 to 23 November 2000. By an Order of 8 December 2000, the
Court unanimously rejected Belgium's request that the casemoved from the List and found by
15 votes to 2 that the circumstances, as they then presented themselves to it, were not such as to

require the exercise its power to indicate provisional measures, as the DRC had wished; it added
that"it [was] desirable that the issues before the Court should be determinèd as soon as possible"
and that "it [was] therefore appropriate to ensure that a decision on the Congo's Application be
reached with all expedition".

By an Order of 13 December 2000, the President of the Court, taking into account the

agreement of the Parties, initially fixed 15 March 2001 as the time-limit for the filing of a
Memorial by the DRC and 31 May 2001 as the time-limit for the filing of a Counter-Memorial by
Belgium. Those time-limits were extended twice at the requestof the DRC by Orders of
14 March 2001 and 12 April 2001. The Memorial of the DRC was filed within the time-limit as
thus extended. The time-limit for the filing of Belgium's Counter-Memorial was extended to

17 September 2001. -2-

By an Orderof27 June 2001, the Court subsequentlyrejected a request by Belgium seeking
to derogate from the agreed procedure in the case and extended to 28 September 2001 the
tim:e-limit for the filing by Belgium of a Counter-Memorial addressing both questions of

jurisdiction and admissibility and the merits of the dispute. That Counter-Memorial was filed
withinthe time-limitas thus extended.

Public hearings, at which the Parties presented their oral arguments, were held from
15to 19October2001. At the close of the oral proceedings, the Parties presented the following
submissionsto the Court:

On behalf of the Govemment ofthe Congo,

"In light of the facts and arguments set out during the written and oral
proceedings, the Govemment of the Democratie Republic of the Congo requests the
Courttoadjudge and declarethat:

1. by issuing and internationally circulating the arrest warrant of 11April 2000
against Mr. AbdulayeYerodiaNdombasi, Belgium committed a violation in

regard to the Democratie Republic of the Congo of the rule of customary
international law concerning the absolute inviolability and immunity from
criminal process of incumbent foreign ministers; in so doing, it violated the
principle of sovereignequalityamong States;

2. a fonnal finding by the Court of the unlawfulness of that act constitutes an
appropriate form of satisfaction, providing reparation for the consequent moral
injuryto the DemocratieRepublic of the Congo;

3. the violations of international law underlying the issue and international
circulation of the arrest warrant of 11April 2000 preclude any State, including
Belgium,from executingit;

4. Belgiumshall be requiredto recall and cancel the arrest warrant of 11April 2000
and to inform the foreign authorities to whom the warrant was circulated that

Belgium renounces its request for their co-operation in executing the unlawful
warrant."

Onbehalf of the Govemment ofBelgium.

"For the reasons stated in the Counter-Memorial of Belgium and in its oral
submissions, Belgium requests the Court, as a preliminary matter, to adjudge and
declare that the Court lacksjurisdiction in this case and/orthat the Application by the

DemocratieRepublic ofthe Congoagainst Belgium is inadmissible.

If, contrary to the submissions of Belgium with regard to the Court's
jurisdiction and the admissibilityof the Application, the Court concludes that it does
have jurisdiction in this case and that the Application by the Democratie Republic of
the Congo is admissible, Belgium requests the Court to reject the submissions of the
Democratie Republic of the Congo on the merits of the case and to dismiss the

Application."

* - 3 -

NOTE FOR THE PRESS

1. The public sitting will be held in the Great Hall of Justice of the Peace Palace in
The Hague, Netherlands. Mobile telephones and beepers are allowed in the courtroom provided

they are turned off or set on silent mode. Any offending deviee will be temporarily removed.

2. Members of the Press will be entitled to attend 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. Photographs may be taken for a few minutes at the opening and at the end of the sitting.
Television crews may film the whole sitting, but advance notice should be given to the Information
Office (see paragraph 8).

4. In the Press Room, located on the ground floor of the Peace Palace (Room 5), the reading
of the Court's Judgment will be relayed by loudspeaker.

5. At the end of the sitting, a press release, a summary ofthe Court's Judgment and the full
textofthe Judgment will be distributed in the Press Room.

6. The above-mentioned documents will be simultaneously available on the Court's website
(http://www.icj-cij.org).

7. Members of the Press who wish to make telephone calls may use the phone located in the
Press Room for collect calls or the public telephones in the Post Office in the basement of the
Peace Palace.

8. Mr. Arthur Witteveen, First Secretary of the Court (tel.: + 31 70 302 2336), and
Mrs. Laurence Blairon, Information Officer (tel.:+ 31 70 302 2337), are available to deal with any
requests for information and for making arrangements for television coverage.