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. 2005/11
29 April 2005
Armed Activities on the Territory of the Congo
(Democratic Republic of the Congo v. Uganda)
Conclusion of the public hearings
Court ready to begin its deliberation
THE HAGUE, 29 April 2005. The public h earings in the case concerning Armed Activities
on the Territory of the Congo (D emocratic Republic of the Congo v. Uganda) were concluded
today. The Court will now start its deliberation.
At the hearings, which opened on 11April20 05 at the Peace Palace, seat of the Court, the
delegation of the Democratic Re public of the Congo was led by
H.E. Mr. Jacques Masangu-a-Mwanza, Ambassador Extraordinary and Plenipotentiary to the
Kingdom of the Netherlands, as Agent. The delegation of Uganda was led by H.E. the Honourable
Mr. E. Khiddu Makubuya, S.C., M.P., Attorney General of the Republic of Uganda, as Agent.
The Court’s judgment will be delivered at a public sitting, the date of which will be
announced in due course.
Final submissions of the Parties
At the conclusion of the oral proceedings the Parties presented the following final
submissions to the Court:
On Monday 25April2005 the Democratic Re public of the Congo presented the following
final submissions with respect to its claims:
“The Democratic Republic of the Congo requests the Court to adjudge and declare:
1. That the Republic of Uganda, by engaging in military and paramilitary activities against the
Democratic Republic of the Congo, by occupy ing its territory and by actively extending
military, logistic, economic and financial support to irregular forces operating there, and having
operated there, has violated the following principles of conventional and customary law:
⎯ the principle of non-use of force in interna tional relations, including the prohibition of
aggression; - 2 -
⎯ the obligation to settle international disputes exclusively by peaceful means so as to ensure that
international peace and security, as well as justice, are not placed in jeopardy;
⎯ respect for the sovereignty of States and the rights of peoples to self-determination, and hence
to choose their own political and economic system freely and without outside interference;
⎯ the principle of non-interference in matters within the domestic jurisdiction of States, including
refraining from extending any assistance to the pa rties to a civil war operating on the territory
of another State.
2. That the Republic of Uganda, by committi ng acts of violence against nationals of the
Democratic Republic of the Congo, by killing and injuring them or despoiling them of their
property, by failing to take adequate measures to prevent violations of human rights in the DRC
by persons under its jurisdiction or control, and/or failing to punish persons under its
jurisdiction or control having engaged in the ab ove-mentioned acts, has violated the following
principles of conventional and customary law:
⎯ the principle of conventional and customary law imposing an obligation to respect, and ensure
respect for, fundamental human rights, including in times of armed conflict, in accordance with
international humanitarian law;
⎯ the principle of conventional and customary law imposing an obligation, at all times, to make a
distinction in an armed conflict between civilian and military objectives;
⎯ the right of Congolese nationals to enjoy the most basic rights, both civil and political, as well
as economic, social and cultural.
3. That the Republic of Uganda, by engaging in the illegal exploitation of Congolese natural
resources, by pillaging its assets and wealth, by failing to take adequate measures to prevent the
illegal exploitation of the resources of the DRC by persons under its jurisdiction or control,
and/or failing to punish persons under its jurisdiction or c ontrol having engaged in the
above-mentioned acts, has violated the followi ng principles of conventional and customary
law:
⎯ the applicable rules of international humanitarian law;
⎯ respect for the sovereignty of States, including over their natural reso
urces;
⎯ the duty to promote the realization of the principle of equality of peoples and of their right of
self-determination, and consequently to refrain from exposing peoples to foreign subjugation,
domination or exploitation;
⎯ the principle of non-interference in matters within the domestic jurisdiction of States, including
economic matters.
4. (a) That the violations of international law set out in submissions 1, 2 and 3 constitute
wrongful acts attributable to Uganda which engage its international responsibility;
(b) that the Republic of Uganda shall cease forthwith all continuing internationally wrongful
acts, and in particular its support for i rregular forces operating in the DRC and its
exploitation of Congolese wealth and natural resources;
(c) that the Republic of Uganda shall provide specific guarantees and assurances that it will
not repeat the wrongful acts complained of; - 3 -
(d) that the Republic of Uganda is under an obligation to the Democratic Republic of the
Congo to make reparation for all injury caused to the latter by the violation of the
obligations imposed by international law and set out in submissions 1, 2 and 3 above;
(e) that the nature, form and amount of the re paration shall be determined by the Court,
failing agreement thereon between the Parti es, and that the Court shall reserve the
subsequent procedure for that purpose.
5. That the Republic of Uganda has violated the Order of the Court on provisional measures of
1 July 2000, in that it has failed to comply with the following provisional measures:
“(1) Both Parties 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;
(2) Both Parties must, forthwith, take all measures necessary 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;
(3) Both Parties must, forthwith, take all measures necessary to ensure full respect
within the zone of conflict for fundament al human rights and for the applicable
provisions of humanitarian law.”
On Wednesday 27April2005 Uganda presented the following final submissions with
respect to the claims of the Democratic Republic of the Congo and to its own counter-claims:
“The Republic of Uganda requests the Court:
1. To adjudge and declare in accordance with international law:
A. that the requests of the Democratic Repub lic of the Congo relating to the activities or
situations involving the Republic of Rwanda or her agents are inadmissible for the reasons
set forth in Chapter XV of the Counter-Memorial and reaffirmed in the oral pleadings;
B. that the requests of the Democratic Re public of the Congo that the Court adjudge and
declare that the Republic of Uganda is res ponsible for various breaches of international
law, as alleged in the Memorial, the Reply and/or the oral pleadings are rejected; and
C. that Uganda’s counter-claims presented in ChapterXVIII of the Counter-Memorial, and
reaffirmed in Chapter VI of the Rejoinder as well as the oral pleadings be upheld.
2. The Republic of Uganda requests the Court to reserve the issue of reparation in relation to
Uganda’s counter-claims for a subsequent stage of the proceedings.”
On Friday 29April2005 the Democratic Republic of the Congo presented the following
final submissions with respect to the counter-claims of Uganda:
“The Congo requests the Court to adjudge and declare:
As regards the first counter-claim submitted by Uganda,
1. To the extent that it relates to the peri od before Laurent-Désiré Kabila came to power,
Uganda’s claim is inadmissible because Uganda had previously renounced its right to lodge - 4 -
such a claim: in the alternative, the claim is unfounded because Uganda has failed to establish
the facts on which it is based;
2. To the extent that it relates to the period from the time when Laurent-Désiré Kabila came to
power to the time when Uganda launched its ar med attack, Uganda’s claim is unfounded in
fact because Uganda has failed to establish the facts on which it is based;
3. To the extent that it relates to the period subsequent to the launching of Uganda’s armed
attack, Uganda’s claim is unfounded both in fact and in law because Uganda has failed to
establish the facts on which it is based and, in any event, from 2 August 1998 the DRC was in
a situation of self-defence.
As regards the second counter-claim submitted by Uganda:
1. To the extent that it now relates to the interpretation and application of the Vienna Convention
of 1961 on Diplomatic Relations, the clai m submitted by Uganda radically changes the
subject-matter of the dispute, contrary to the Statute and to the Rules of Court; that part of the
claim must therefore be dismissed from the present proceedings;
2. That part of the claim relating to the alle ged mistreatment of cer tain Ugandan nationals
remains inadmissible because Uganda has still failed to show that the requirements laid down
by international law for the exercise of its diplomatic protection were satisfied; in the
alternative, that part of the claim is unfounde d because Uganda is still unable to establish the
factual and legal bases of its claims.
3. That part of the claim relating to the alleged expropriation of Uga nda’s public property is
unfounded because Uganda is still unable to establish the factual and legal bases of its claims.”
___________
History of the proceedings and full transcripts of the hearings
The history of the proceedings as well as the fu ll transcripts of the hearings held between
11and 29April2005 can be found on the Court’ s website (www.icj-cij.org) under “Docket”.
Click on the hyperlink bearing the name of the case.
_____________
Information Department:
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]
Armed activities on the territory of the Congo (Democratic Republic of Congo v. Uganda) - Conclusion of the public hearings - Court ready to begin its deliberation