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. 2006/1
10 January 2006
The Republic of Djibouti seises the International Court
of Justice of a dispute with France
THE HAGUE, 10 January 2006. The Republic of Djibouti has seised the International Court
of Justice (ICJ) of a dispute between itself and France regarding the alleged violation by France of
its “international obligations in respect of mutual assistance in criminal ma tters” in the context of
the investigation into the death of the French judge Bernard Borrel in Djibouti in 1995.
In an Application filed in the Registry of the Court on 9January2006, Djibouti states that
the subject of the dispute concerns “the refusal by the French governmental and judicial authorities
to execute an international letter rogatory regard ing the transmission to the judicial authorities in
Djibouti of the record relating to the investigation in the ‘Case against X for the murder of Bernard
Borrel’”. Djibouti maintains that the refusal constitutes a viol ation of France’s international
obligations under the Treaty of Friendship and Co-operation signed by the two States on
27June1977 and the Convention on Mutual Assi stance in Criminal Matters between France and
Djibouti, dated 27September1986. Djibouti further asserts that, in summoning certain
internationally protected nationals of D jibouti (including the Head of State) astémoins assistés
[legally represented witnesses] in connection with a criminal complaint for subornation of perjury
againstX in the Borrel case, France has violated its obligation to prevent attacks on the person,
freedom or dignity of persons enjoying such protection.
The Republic of Djibouti seeks to found the jurisdiction of the Court on Article38,
paragraph 5, of the Rules of Cour t and is “confident that the French Republic will agree to submit
to the jurisdiction of the Court to settle the present dispute”. Under that Article:
“When the applicant State proposes to found the jurisdiction of the Court upon a
consent thereto yet to be given or mani fested 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’s jurisdiction for the purposes of the case.”
In accordance with Article38, paragraph5, of the Rules of Court, the Application by the
Republic of Djibouti has been transmitted to the French Government. However, no action will be
taken in the proceedings unless and until France consents to the Court’s jurisdiction in the case.
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Information Department:
Mrs. Laurence Blairon, Head of the Department (+ 31 70 302 23 36)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+ 31 70 302 23 37)
E-mail address: [email protected]
The Republic of Djibouti seises the International Court of Justice of a dispute with France