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. 2002/37
9 December 2002
The Republic of the Congo seises the International Court of Justice
of a dispute with France
THE HAGUE, 9 December 2002. The Republic of the Congo today seised the International
Court of Justice (ICJ) of a dispute between itself and France with regard to proceedings for crimes
against humanity and torture commenced inter alia against the Congolese Ministerof the Interior,
Mr. Pierre Oba, in connection with which a warrant was issued for the witness hearing of the
President of the Republic of the Congo, Mr. Denis Sassou Nguesso.
In its Application the Republicof the Congo contends that "in attributing to itself universal
jurisdiction in criminal matters and arrogating to itself the power to prosecute and try the Minister
of the Interior of a foreign State for crimes allegedly committed in connection with the exercise of
his powers for the maintenance of public arder in his country", France violated "the principle that a
State may not, in breach of the principle of sovereign equality among all Members of the United
Nations ... exercise its authority on the territory of another State". It further states that, in issuing
a warrant instructing police officers to examine the Presidentof 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 jurisprudence of the Court". The Republic of the
Congo accordingly asks the Court to declare that the French Republic shall"cause to be annulled
the measures of investigation and prosecution taken" by the Frenchjudicial officers concemed.
The Republic of the Congo seeks to found the jurisdiction of the Court, pursuant to
Article 38, paragraph 5, of the Rules of Court, "on the consent of the French Republic, which will
certainly begiven". That paragraph provides:
"When the applicant State proposes to found the jurisdiction of the Court upon a
consent thereto yet to be given or manifested by the State against which such
application is made, the application shall be transmitted to that State. It shall not
however be entered in the General List, nor any action be taken in the proceedings,
unless and until the State against which such application is made consents to the
Court'sjurisdiction for the purposes of the case."
In accordance with Article 38, paragraph 5, of the Rules of Court, the Application by the
Republic of the Congo, to which was appended a request for the indièation of a provisional
measure, has been transmitted to the French Govemment. However, no action will be taken in the
proceedings unless and until France consents to the Court'sjurisdiction in the case.
Information Office:
Mr. Arthur Witteveen, First Secretary of the Court (tel: +31 70 302 2336)
Mrs. Laurence Blairon and Mr. Boris Heim, Information Officers (tel:31 70 302 2337)
E-mail address: [email protected]
The Republic of the Congo seises the International Court of Justice of a dispute with France