INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
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Press Release
Unofficial
No. 2021/16
30 April 2021
Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) Conclusion of the public hearings The Court to begin its deliberation
THE HAGUE, 30 April 2021. Public hearings on the question of reparations in the case concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) concluded today, at the Peace Palace in The Hague, the seat of the Court.
The hearings, which opened on 20 April 2021, began with the first round of oral arguments of the Democratic Republic of the Congo and Uganda, followed by two days of questions for the four experts appointed by the Court. The hearings concluded with the second round of oral arguments of both Parties, at the end of which the Agents of each delegation presented their final submissions.
The delegation of the Democratic Republic of the Congo was led by H.E. Mr. Bernard Takaishe Ngumbi, Deputy Prime Minister, Minister of Justice, Keeper of the Seals a.i., as Head of the Delegation, and by H.E. Mr. Paul-Crispin Kakhozi, Ambassador of the Democratic Republic of the Congo to the Kingdom of Belgium, the Kingdom of the Netherlands, the Grand Duchy of Luxembourg and the European Union, as Agent; and the delegation of Uganda was led by The Hon. William Byaruhanga, SC, Attorney General of Uganda, as Agent.
The Court will now begin its deliberation.
The Court’s Judgment will be delivered at a public sitting, the date of which will be announced in due course.
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Final submissions of the Parties
For the Democratic Republic of the Congo:
“For the reasons set out in its written pleadings and oral arguments, the Democratic Republic of the Congo requests the Court to adjudge and declare that:
1. With regard to the claims of the Democratic Republic of the Congo:
(a) Uganda is required to pay the Democratic Republic of the Congo in compensation for the damage resulting from the violations of international law found by the Court in its Judgment of 19 December 2005:
no less than four billion three hundred and fifty million four hundred and twenty-one thousand eight hundred United States dollars (US$4,350,421,800) for personal injury;
no less than two hundred and thirty-nine million nine hundred and seventy-one thousand nine hundred and seventy United States dollars (US$239, 971,970) for damage to property;
no less than one billion forty-three million five hundred and sixty-three thousand eight hundred and nine United States dollars (US$1,043,563,809) for damage to natural resources;
no less than five billion seven hundred and fourteen million seven hundred and seventy-five United States dollars (US$5,714,000,775) for macroeconomic injury.
(b) compensatory interest will be due on heads of claim other than those for which the amount of compensation awarded by the Court, based on an overall assessment, already takes account of the passage of time, at a rate of 4 per cent, payable from the date of the filing of the Memorial on reparation;
(c) Uganda is required, by way of giving satisfaction, to pay the Democratic Republic of the Congo the sum of US$25 million for the creation of a fund to promote reconciliation between the Hema and Lendu in Ituri, and the sum of US$100 million for the non-material harm suffered by the Congolese State as a result of the violations of international law found by the Court in its Judgment of 19 December 2005;
(d) Uganda is required, by way of giving satisfaction, to conduct investigations and criminal prosecutions of the individuals involved in the violations of international humanitarian law or international human rights legislation committed in Congolese territory between 1998 and 2003 for which Uganda has been found responsible;
(e) in the event of non-payment of the compensation awarded by the Court at the date of the ruling, moratory interest will accrue on the principal sum at a rate of 6 per cent;
(f) Uganda is required to reimburse the Democratic Republic of the Congo for all the costs incurred by it in the context of the present case.
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2. With regard to Uganda’s counter-claim, and without any prejudicial recognition by the Democratic Republic of the Congo of the legal principles set out in the Memorial of Uganda:
(a) the Court’s finding of the Democratic Republic of the Congo’s international responsibility in its Judgment of 19 December 2005 constitutes an appropriate form of reparation for the injury arising from the wrongful acts as found in the same Judgment;
(b) Uganda is otherwise entitled to payment of the sum of US$982,797.73 (nine hundred and eighty-two thousand seven hundred and ninety-seven United States dollars and seventy-three cents) by the Democratic Republic of the Congo, an amount not contested by the Democratic Republic of the Congo in the context of the proceedings before the Court, in compensation for the injury resulting from the invasion, seizure and long-term occupation of Uganda’s Chancery compound in Kinshasa;
(c) the compensation thus awarded to Uganda will be offset against that awarded to the Democratic Republic of the Congo on the basis of its principal claims in the present case.
3. The Court is further requested to declare that the present dispute will not be fully and finally resolved until Uganda has actually paid the reparations and compensation ordered by the Court. Until that time, the Court will remain seised of the present case.”
For Uganda:
“The Republic of Uganda respectfully requests that the Court:
1. Adjudge and declare that:
(a) The DRC is entitled to reparation in the form of compensation only to the extent it has discharged the burden the Court placed on it in paragraph 260 of the 2005 Judgment ‘to demonstrate and prove the exact injury that was suffered as a result of specific actions of Uganda constituting internationally wrongful acts for which it is responsible’;
(b) The Court’s finding of Uganda’s international responsibility in the 2005 Judgment otherwise constitutes an appropriate form of satisfaction; and
(c) Each Party shall bear its own costs of these proceedings; and
2. Reject all other submissions of the DRC.”
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History of the proceedings
The history of the proceedings can be found in press releases Nos. 1999/34, 2000/18, 2000/24, 2001/36, 2005/26, 2015/18, 2020/29, 2020/30 and 2021/14, available on the Court’s website.
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Note: The Court’s press releases are prepared by its Registry for information purposes only and do not constitute official documents.
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The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, through judgments which have binding force and are without appeal for the parties concerned, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.
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Information Department:
Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Ms Joanne Moore, Information Officer (+31 (0)70 302 2337)
Mr. Avo Sevag Garabet, Associate Information Officer (+31 (0)70 302 2394)
Ms Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396)
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Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) - Conclusion of the public hearings - The Court to begin its deliberation