COUR INTERNATIONALE DE JUSTICE
REQUÊTE
INTRODUCTIVE D’INSTANCE
enregistrée au Greffe de la Cour
le 23 juin 1999
ACTIVITÉS ARMÉES SUR LE TERRITOIRE
DU CONGO
(RÉPUBLIQUE DÉMOCRATIQUE DU CONGO
c. OUGANDA)
INTERNATIONAL COURT OF JUSTICE
APPLICATION
INSTITUTING PROCEEDINGS
filed in the Registry of the Court
on 23 June 1999
ARMED ACTIVITIES ON THE TERRITORY
OF THE CONGO
(DEMOCRATIC REPUBLIC OF THE CONGO
v. UGANDA) 3
1999
General List
No. 116
I. THE DEPUTY-MINISTER FOR FOREIGN AFFAIRS OF THE
DEMOCRATIC REPUBLIC OF THE CONGO TO THE REGISTRAR
OF THE INTERNATIONAL COURT OF JUSTICE
[Translation]
Kinshasa, 8 June 1999.
I have the honour to inform you that, pursuant to Article 42, paragraph 1,
of the Statute of the Court and to Article 40, paragraph 2, of the Rules of
Court, the Government of the Democratic Republic of the Congo, in accor-
dance with the document annexed hereto, has appointed Maître Michel Lion,
Advocate of the French Order of Advocates at the Brussels Bar, as Agent for
the purposes of filing applications against the Republic of Uganda, the
Republic of Rwanda and the Republic of Burundi in respect of the armed
aggression to which our country is being subjected.
All communications concerning these cases should be addressed to the
Agent, Square des Nations 24, 1000 Brussels (Belgium), the address for service
for the entire duration of the proceedings.
(Signed) David M’B WANKIEM .
Annex
A PPOINTMENT OF AGENT
I the undersigned, David M’Bwankiem, Deputy-Minister for Foreign Affairs
of the Democratic Republic of the Congo, hereby certify that Maître
Michel Lion, Advocate at the Brussels Bar, has been appointed by the Con-
golese Government as “Agent” for the purposes of filing applications with the
International Court of Justice at The Hague and conducting all proceedings in
respect thereof on behalf of the Democratic Republic of the Congo against
the following countries:
— Uganda,
— Rwanda,
— Burundi.
Done at Kinshasa, 5 April 1999.
(Signed) David M’B WANKIEM . 5
II. APPLICATION INSTITUTING PROCEEDINGS
[Translation]
On behalf of the Government of the Democratic Republic of the Congo
and pursuant to Article 40, paragraph 1, of the Statute of the Court and to
Article 38 of the Rules of Court, we have the honour to submit for decision by
your Court this Application instituting proceedings against the Government of
the Republic of Uganda, on account of acts of armed aggression perpetrated
by Uganda on the territory of the Democratic Republic of the Congo, in
flagrant violation of the United Nations Charter and of the Charter of the
Organization of African Unity.
Such armed aggression by Ugandan troops on Congolese territory has
involved inter alia violation of the sovereignty and territorial integrity of the
Democratic Republic of the Congo, violations of international humanitarian
law and massive human rights violations.
By the present Application the Democratic Republic of the Congo seeks to
secure the cessation of the acts of aggression directed against it, which consti-
tute a serious threat to peace and security in central Africa in general and in
the Great Lakes region in particular.
It also seeks reparation for acts of intentional destruction and looting, and
the restitution of national property and resources appropriated for the benefit
of Uganda.
I. STATEMENT OF F ACTS
A. Origins of the Aggression
The facts as they occurred during the first days of the surprise invasion of
the territory of the Democratic Republic of the Congo by Ugandan troops are
as follows.
The extent of the invasion of the Democratic Republic of the Congo has
been such that it currently involves fighting in seven provinces: Nord-Kivu,
Sud-Kivu, Maniema, Orientale Province, Katanga, Equateur and Kasai Ori-
ental.
1. On 2 and 3 August 1998, columns of Ugandan army trucks carrying
heavily armed soldiers breached the eastern frontiers of the Congo and
occupied the cities of Goma and Bukavu.
2. At the same time as these events were taking place in the east of the
country, in Kinshasa approximately 1,000 Ugandan soldiers, having
evaded the repatriation operation ordered by the Congolese Government
and acting with the support of so-called “Banyamulenge” units, attacked
the military camps of Tshatshi and Kokolo.
3. On Tuesday 4 August 1998, three Boeings belonging to Congolese compa-
nies (Congo Airlines, Lignes aériennes congolaises and Blues Airlines) were
forced to reroute from Goma (Nord-Kivu) to the military base of Kitona
(Bas-Congo), with 600 to 800 Ugandan soldiers on board. 7
The multiple objectives of the operation included the following:
— to secure the support of Congolese units training in Kitona;
— to paralyse Kinshasa by seizing the maritime ports of Banana, Boma
and Matadi. Riverine access from the south-west is vital to the capital’s
supply of staple goods and petroleum products;
— to take control of the Inga hydroelectric dam, which supplies electricity
to the province of Bas-Congo, the city of Kinshasa and the Katanga
mines, as well as to a number of other central and southern African
countries (Congo Brazzaville, Zambia, Angola, etc.);
— to capture Kinshasa through Bas-Congo, in order to overthrow the Gov-
ernment of National Salvation and assassinate President Laurent
Désiré Kabila, with the object of establishing a Tutsi régime or a régime
under Tutsi control; etc.
4. On Sunday 9 August 1998, two columns of Ugandan soldiers violated the
territorial integrity of the Democratic Republic of the Congo. The first
column was made up of 3 armoured vehicles and 7 “KV” trucks, while the
second comprised 7 armoured cars. Having crossed the frontier between
Kamango and Watsa, they advanced on Bunia, in Orientale Province.
5. Further, on the same day (9 August 1998), at 11 a.m. (9 a.m. GMT), a large
transport aircraft of the Ugandan army landed at Nebbi in Uganda, close
to Karobo, some 20 kilometres from Mahagi, on Congolese territory. The
aircraft was carrying a substantial consignment of arms and munitions.
These were distributed to the garrisons of Fahidi, Huruti, Mbo and Mee so
that they could provide support for the Ugandan troops in the Congo.
B. Statement of Violations by Uganda
A six-part tabular summary of the various human rights violations
perpetrated by the Ugandan Republic since 2 August 1998 can be found in
the First and Second White Papers prepared by the Ministry of Human
Rights.
By way of illustration, the Democratic Republic of the Congo would cite
the following incidents, which in no sense constitute an exhaustive list, and
which are evidence of a deliberate policy operated by the Ugandan Govern-
ment against the Democratic Republic of the Congo.
They amply demonstrate, moreover, the extent of the responsibility incurred
by the leaders of the countries perpetrating the aggression.
1. Massacres
On Monday 3 August, at around 4 p.m., 38 officers and some 100 soldiers
of the Congolese Armed Forces, having previously been disarmed, were
murdered at Kavumu airport.
On 24 August 1998, more than 856 persons were massacred at Kasika, in
Lwindi chieftaincy and in the territory of Mwenga, all being localities situated
in the Province of Sud-Kivu.
The bodies, which were found scattered over a distance of 60 kilometres
between Kilungutwe and Kasika, were largely those of women and children —
defenceless persons incapable of bearing arms.
On the night of 31 December 1998 to 1 January 1999, 633 persons were
massacred in Makobola. 9
2. Rape
There have been numerous cases of rape of women and children, particu-
larly on 29 August 1998 in Kasika, on 22 September in Bukavu, etc.
3. Abductions and murders of human rights activists
During the first three months of the invasion of Sud-Kivu, numbers of
opinion-formers and activists of the Associative Movement of Sud-Kivu were
abducted and/or murdered.
4. Arrests, arbitrary detentions, inhuman and degrading treatment
In and around Bukavu there have been murders and massacres of the civil-
ian population, as well as abductions, arbitrary arrests, illegal detentions, rape,
extortion and torture.
5. Systematic looting of public and private institutions, theft of property of the
civilian population
On 15 September 1998, the Mumba Health Centre was looted by Ugandan
soldiers.
In Bukavu, the Provincial Headquarters of Customs and Excise, the Office
of the National Inspectorate (Office congolais de contrôle) , and the Provincial
Taxation Office, all revenue-generating public undertakings, had their safes
ransacked.
In Kalemie, Ugandan troops sabotaged port installations and various other
undertakings (including dismantling of the Filtisaf factories), looting and
carrying off handling and loading equipment and certain privately owned
items of floating plant.
6. Human rights violations committed by the invading Ugandan troops and their
“rebel” allies in the major cities of Orientale Province
To ensure that there would be no witnesses to their actions, Ugandan troops
forced all international humanitarian organizations, in particular the HCR,
ICRC, UNICEF, the WHO and MSF, to leave the area.
Ugandan troops systematically destroyed or disconnected all telecommuni-
cations facilities, so as to ensure that their actions would not come to the
notice of national and international public opinion; at the same time they
confiscated the passports of human rights activists.
II. JURISDICTION OF THE COURT
The Democratic Republic of the Congo (formerly Zaire), recognized the
Court’s jurisdiction in a declaration dated 8 February 1989, which reads as
follows:
“. . . in accordance with Article 36, paragraph 2, of the Statute of the
International Court of Justice:
The Executive Council of the Republic of Zaire recognizes as compul-
sory ipso facto and without special agreement, in relation to any other 11
State accepting the same obligation, the jurisdiction of the Court in all
legal disputes concerning:
(a) the interpretation of a treaty;
(b) any question of international law;
(c) the existence of any fact which, if established, would constitute a
breach of an international obligation;
(d) the nature or extent of the reparation to be made for the breach of
an international obligation.
It is understood further that this declaration will remain in force until
notice of its revocation is given.”
***
For its part, the Ugandan Government has also recognized the jurisdiction
of the Court as compulsory ipso facto and without special agreement in a dec-
laration dated 3 October 1963, which reads as follows:
“I hereby declare on behalf of the Government of Uganda that
Uganda recognizes as compulsory ipso facto and without special agree-
ment, in relation to any other State accepting the same obligation, and on
condition of reciprocity, the jurisdiction of the International Court of
Justice in conformity with paragraph 2 of Article 36 of the Statute of the
Court.”
Consequently, the Application against the Government of Uganda is admis-
sible.
III. TE LAW :CLAIMS
OF THE D EMOCRATIC R EPUBLIC OF THE CONGO
The Democratic Republic of the Congo founds its case on the armed
aggression which it has suffered since the invasion of its territory on 2 August
1998, together with all of the unlawful acts resultant therefrom, which to this
day continue to be carried out with complete impunity.
Before setting out the various claims of the Democratic Republic of the
Congo against Uganda, we wish to underline all the efforts undertaken by the
Congolese Government with a view to enforcing its right to secure the
withdrawal of the foreign troops which have invaded Congolese territory, in
particular:
1. Initiatives at United Nations level
On 31 August 1998, the Permanent Representative of the Democratic Republic
of the Congo to the United Nations, Ambassador Mwamba Kapanga, lodged a
memorandum with the Security Council concerning the armed aggression being
directed against the Democratic Republic of the Congo.
A whole series of further attempts was made to raise the matter with the
United Nations, but to no avail.
Finally, on the basis of the First White Paper, presented to the United
Nations on 9 April 1999, the Security Council unanimously adopted resolu-
tion 1234, demanding an immediate halt to the hostilities and calling for the
withdrawal of “uninvited” forces from Congolese territory.
This resolution remains to this day a dead letter. 13
2. Initiatives at the Organization of African Unity level
A number of summits and meetings, aimed at halting the armed aggression
against the Democratic Republic of the Congo, have been held at various loca-
tions, including Victoria Falls, Harare, Pretoria, Cape Town, Lusaka and
Ouagadougou.
3. Other initiatives
— France-Africa summit, Paris, December 1998;
— meeting between Presidents Kabila and Museveni at Sirte, 18 April 1999,
under the auspices of Colonel Mummar El Gaddafi.
It is thus clearly established that the Democratic Republic of the Congo has
spared no effort in seeking to put an end to the seizure of a substantial part of
its territory by Uganda.
The assistance given to the Congolese rebellion or rebellions — which are
themselves at odds — and the issue of frontier security were mere pretexts
designed to enable the aggressors to secure for themselves the assets of the
territories invaded and to hold to ransom the civilian population, whose
only wish is for peace, security and well-being within a united country.
By thus providing unlimited aid to rebels in the form of arms and armed
troops, in return for the right to exploit the wealth of the Congo for their own
benefit, Uganda has defied the international community and created a
dangerous precedent.
It is in this context that the support of foreign companies such as “Collier
Ventures Limited”, “Barrich Gold Corporation” etc., for the invading forces
operating in the Democratic Republic of the Congo has to be viewed.
At a time when the Democratic Republic of the Congo was slowly recover-
ing from years without government and when, inter alia , it had succeeded in
instituting the monetary reform of 30 June 1998, the invasion of its territory,
which has required — and still requires — inordinate financial efforts, has
paralysed the majority of the country’s economic sectors, to the detriment of
the Congolese people.
By invading Congolese territory, contrary to the basic principles of interna-
tional law, Uganda has prevented the peaceful settlement of the rebellion —
an internal problem of the Democratic Republic of the Congo — and
attempted, with the support of foreign powers, to stifle the democracy to
which the entire Congolese people aspired.
The Democratic Republic of the Congo will now give particulars of the
serious violations committed by Uganda, citing in this regard — on a non-
limitative basis — the major principles of international law.
A. Violation of Article 2, Paragraph 4, of the United Nations Charter
Uganda is in breach of Article 2, paragraph 4, of the United Nations
Charter, which provides that:
“The Organization and its Members, in pursuit of the Purposes stated
in Article 1, shall act in accordance with the following Principles:
.....................................................
4. All Members shall refrain in their international relations from the
threat or use of force against the territorial integrity or political indepen-
dence of any State, or in any other manner inconsistent with the Purposes of
the United Nations.” 15
Resolution 3314 of the General Assembly of the United Nations of
14 December 1974 defines aggression as follows:
“Aggression is the use of armed force by a State against the
sovereignty, territorial integrity or political independence of another
State, or in any other manner inconsistent with the Charter of the
United Nations, as set out in this Definition.”
The armed aggression by Uganda, as described in the statement of facts, is
an established reality, since the Ugandan Government, having long denied the
presence of its forces, is now imposing conditions for their withdrawal.
The Ugandan Government thus clearly acknowledges the aggression
by its armed forces against the territory of the Democratic Republic of the
Congo.
This aggression was in reality the result of a clearly established common
intent, formed in close collaboration with foreign powers, who provided the
necessary financial backing and a large degree of logistic support.
B. Violation of Articles 3 et seq. of the Charter
of the Organization of African Unity
Article 3 of the Charter of the Organization of African Unity formally
enshrines the principles of non-intervention and non-interference in the
internal affairs of States, of respect for the sovereignty and territorial integrity
of each State and for its inalienable right to independent existence.
Further, Article 3, paragraph 5, of the Charter of the Organization of
African Unity, and resolution AHG/Res.27, adopted by the Conference
of Heads of State and Government at Accra in October 1965, condemn
unreservedly all subversive activities on the part of opponents of the existing
political régime in any State.
The same applies to any assistance, whether military, material, financial or
other, originating from the territory of another State, which also constitutes a
totally unlawful form of interference under international law.
C. Violation of the Rules Set Out in the Universal Declaration
of Human Rights and in the International Covenant on Civil
and Political Rights of 1966; Violation of the Geneva Conventions of 1949
and the Additional Protocols of 1977
The atrocities committed by Ugandan troops against the Congolese peoples
and their property, with the backing of their leaders, are set out in detail in the
White Paper, Volumes I and II, prepared by the Ministry of Human Rights of
the Democratic Republic of the Congo.
This White Paper was, moreover, lodged with the United Nations and
served as the basis for resolution 1234, adopted unanimously by the Security
Council on 9 April 1999.
The Democratic Republic of the Congo would further particularly emphasize
the blackmailing tactics employed by Uganda, which, for several weeks, starting
from 17 August 1998, was in forcible possession of the Inga hydroelectric dam,
during which time it made repeated power cuts, resulting in numerous deaths of
Congolese nationals, and even threatened to blow up the dam.
In so acting, Uganda was in breach of Article 56 of Additional Protocol
No. 1, which stipulates that: 17
“Works or installations containing dangerous forces, namely dams,
dykes and nuclear electrical generating stations, shall not be made the
object of attack.”
D. Violation of the New York Convention of 10 December 1984
against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
The particulars set out in the synoptic tables appended to the White Paper
(Vols. I and II) demonstrate that the Ugandan troops failed to respect any of
the laws of war, subjecting the civilian population of the invaded territories to
treatment prohibited by the aforementioned Convention.
E. Violation of the Montreal Convention of 23 September 1971
for the Suppression of Unlawful Acts against the Safety of Civil Aviation
The Democratic Republic of the Congo cites a specific incident, which took
place on 9 October 1998.
That day, a Boeing 727 belonging to Congo Airlines was shot down while
taking off from Kindu airport by rebels supported by Ugandan troops,
causing the deaths of 37 women and children and of the crew members.
Notwithstanding that Uganda is a party to the Convention on International
Civil Aviation signed at Chicago on 7 December 1944, to the Hague Conven-
tion of 16 December 1970 for the Suppression of Unlawful Seizure of Air-
craft, and to the Montreal Convention of 23 September 1971 for the Suppres-
sion of Unlawful Acts against the Safety of Civil Aviation, its forces have
violated the provisions of those Conventions, which prohibit States from
having recourse to the use of arms against civilian aircraft.
IV. D ECISION REQUESTED
Consequently, and whilst reserving the right to supplement and amplify the
present request in the course of the proceedings, the Democratic Republic of
the Congo requests the Court to:
Adjudge and declare that:
(a) Uganda is guilty of an act of aggression within the meaning of Article 1 of
resolution 3314 of the General Assembly of the United Nations of 14 Decem-
ber 1974 and of the jurisprudence of the International Court of Justice, con-
trary to Article 2, paragraph 4, of the United Nations Charter;
(b) further, Uganda is committing repeated violations of the Geneva Conven-
tions of 1949 and their Additional Protocols of 1977, in flagrant dis-
regard of the elementary rules of international humanitarian law in con-
flict zones, and is also guilty of massive human rights violations in defiance
of the most basic customary law;
(c) more specifically, by taking forcible possession of the Inga hydroelectric
dam, and deliberately and regularly causing massive electrical power cuts,
in violation of the provisions of Article 56 of the Additional Protocol of
1977, Uganda has rendered itself responsible for very heavy losses of life
among the 5 million inhabitants of the city of Kinshasa and the sur-
rounding area; 19
(d) by shooting down, on 9 October 1998 at Kindu, a Boeing 727 the property
of Congo Airlines, thereby causing the death of 40 civilians, Uganda has
also violated the Convention on International Civil Aviation signed at
Chicago on 7 December 1944, the Hague Convention of 16 December
1970 for the Suppression of Unlawful Seizure of Aircraft and the
Montreal Convention of 23 September 1971 for the Suppression of
Unlawful Acts against the Safety of Civil Aviation.
Consequently, and pursuant to the aforementioned international legal obliga-
tions, to adjudge and declare that:
(1) all Ugandan armed forces participating in acts of aggression shall forth-
with vacate the territory of the Democratic Republic of the Congo;
(2) Uganda shall secure the immediate and unconditional withdrawal from
Congolese territory of its nationals, both natural and legal persons;
(3) the Democratic Republic of the Congo is entitled to compensation from
Uganda in respect of all acts of looting, destruction, removal of property
and persons and other unlawful acts attributable to Uganda, in respect of
which the Democratic Republic of the Congo reserves the right to deter-
mine at a later date the precise amount of the damage suffered, in addition
to its claim for the restitution of all property removed.
V. JUDGE AD H OC
In accordance with the provisions of Article 31 of the Statute and of Article 35,
paragraph 1, of the Rules of Court, the Democratic Republic of the Congo hereby
declares its intention to exercise its right to choose a judgead hoc.
The Democratic Republic of the Congo has appointed the undersigned as
Agent, to represent it in these proceedings.
All communications relating to this case shall be sent to the official address
for service: Maître Michel Lion, Advocate at the Brussels Bar, Square des
Nations 24, 1000 Brussels, Belgium.
Respectfully,
Brussels, 23 June 1999.
For the Democratic Republic of the Congo,
(Signed) Maître Michel L ION, (Signed)
Agent. 21
Inventory of Documents Filed 1
[Translation]
1. First White Paper of the Ministry of Human Rights of the Democratic
Republic of the Congo, period 2 August 1998 to 5 November 1998.
2. Second White Paper of the Ministry of Human Rights of the Democratic
Republic of the Congo, period 6 November 1998 to 15 April 1999.
1The White Paper, deposited in French in two volumes, has been translated into
English by the United Nations Secretariat. It has been dealt with separately and
published, followed by its translation, in a single volum[Note by the Registry.]
Application instituting proceedings