Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v. France) - The French Republic consents to the jurisdiction of the International Court of Justice to entertain an Application fil

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. 2006/32
10 August 2006

The French Republic consents to the jurisdiction of the International Court of Justice
to entertain an Application filed against France by the Republic of Djibouti

The Court enters the new case in its List

THE HAGUE, 10 August 2006. The French Repu blic yesterday informed the International

Court of Justice (ICJ) that it consented, pursuant to Article 38, paragraph 5, of the Rules of Court
(concerning proceedings wherein “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”), to the jurisdiction of te Court to entertain the Application filed against
France by the Republic of Djibouti on 9January2006. Accordingly, the Court has entered this

case between the Republic of Djibouti and the French Republic in its General List.

*

In its Application of 9 January 2006, the Republic of Djibouti stated that it intended to found
the jurisdiction of the Court on Article38, paragr aph5, of the Rules of Court and was “confident
that the French Republic will agree to submit to the jurisdiction of the Court to settle the present
dispute”. In accordance with that Article, the Application by the Republic of Djibouti was

transmitted to the French Government and no action was taken in the proceedings (see Press
Release 2006/01). By letter dated 25 July 2006 a nd received yesterday in the Registry, the French
Republic stated that it “consents to the Court’s ju risdiction to entertain the Application pursuant to,
and solely on the basis of, Article 38, paragraph 5” . This consent has made it possible to enter the

case in the Court’s List and to open the proceedings.

In its letter, France has specified that its con sent to the Court’s jurisdiction is strictly limited
to the “dispute forming the subject of the Applica tion” and applies “strictly within the limits of the
claims formulated therein by the Republic of Djibouti”.

Djibouti’s Application concerns “the refusal by the French governmental and judicial
authorities to execute an international letter rogatory regarding the transmission to the judicial
authorities in Djibouti of the record relating tothe investigation in the ‘Case against X for the
murder of Bernard Borrel’”. Djibouti maintains that the refusal constitutes a violation of France’s

international obligations under the Treaty of Frie ndship and Co-operation signed by the two States
on 27June1977 and the Convention on Mutual Assi stance in Criminal Ma tters between France
and Djibouti, dated 27Septem ber1986. Djibouti further asserts that, in summoning certain - 2 -

internationally protected nationals of Djibouti, including the Head of State, as témoins assistés
[legally represented witnesses] in connection with a criminal complaint for subornation of perjury

againstX in the Borrel case, France has violated its obliga tion to prevent attacks on the person,
freedom or dignity of persons enjoying such protection.

*

The Republic of Djibouti has appointed Mr.Djama Souleiman Ali, State Prosecutor of

Djibouti, as Agent in the case. The French Republic has appointed MsEdwigeBelliard, Director
of Legal Affairs, Ministry of Foreign Affairs, as Agent.

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The full text of the Application by the Repub lic of Djibouti of 9Ja nuary 2006 will soon be
available on-line on the Court’s website (www.icj-cij.org). First click on “Docket” and then on the
hyperlink of the case.

___________

Information Department:
Mrs. Laurence Blairon, Secretary of the Court (tel: +31 70 302 2336)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (tel: +31 70 302 2337)
E-mail address: [email protected]