Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) - Preliminary Objections - Conclusion of the public hearings on the merits; Court ready to begin its deliberation

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. 2006/41
1 December 2006

Ahmadou Sadio Diallo (Republic of Guinea v.
Democratic Republic of the Congo)

Preliminary Objections

Conclusion of the public hearings on the merits;
Court ready to begin its deliberation

THE HAGUE, 1 December 2006. The public h earings on the preliminary objections raised
by the Democratic Republic of the Congo (DRC) in the case concerning Ahmadou Sadio Diallo
(Republic of Guinea v. Democratic Republic of the Congo) were concluded today. The Court will
now start its deliberation.

On 3October2002, within the time-limit fixed for the filing of its Counter-Memorial, the

Democratic Republic of the Congo raised certain pr eliminary objections to the admissibility of the
Application. Consequently, proceedings on the merits were suspended.

At the hearings, which opened on Monday 27November2006 at the Peace Palace, seat of
the Court, the delegation of the DRC was led by H.E. Mr. Pierre Ilunga M’Bundu wa Biloba,

Minister of Justice and Keeper of the S eals, and H.E.Mr.Jac ques Masangu-a-Mwanza,
Ambassador of the Democratic Republic of the Congo to the Netherlands, as Agent. The
delegation of Guinea was led by Mr.MohamedCama ra, Chargé d’affaires a.i. at the Embassy of
the Republic of Guinea in Brussels, as Agent.

The Court’s judgment on the preliminary objections 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:

For the Democratic Republic of the Congo:

“The Democratic Republic of the Congo respectfully requests the Court to

adjudge and declare that the Application of the Republic of Guinea is inadmissible,

1. on the ground that the Republic of Gu inea has no status to exercise diplomatic
protection in the present proceedings, since its Application seeks essentially to - 2 -

secure reparation for injury suffered on account of the violation of rights of
companies not possessing its nationality;

2. on the ground that, in any event, neither the companies in question nor Mr. Diallo
have exhausted the available and eff ective local remedies existing in the
Democratic Republic of the Congo.”

For the Republic of Guinea:

“The Republic of Guinea kindly requests the Court:

1. to reject the Preliminary Objections raised by the Democratic Republic of the
Congo;

2. to declare the Application of the Republic of Guinea admissible;

3. to fix time-limits for the further proceedings.”

___________

Full transcripts of the hearings held be tween 27November and 1December 2006 can be

found on the Court’s website (www.icj-cij.org). For the history of the proceedings, please refer to
Press Release No. 2006/36 of 9 November 2006. It is also available on the Court’s website.

___________

Information Department:

Mrs. Laurence Blairon, Head of Department (+ 31 70 302 23 36)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+ 31 70 302 23 37)
Mrs. Joanne Moore, Assistant Information Officer (+ 31 70 302 23 94)
E-mail address: [email protected]