DECISIONS OF INTERNATIONAL TRIBUNALS: INTERNATIONAL COURT OF JUSTICE - CASE CONCERNING ARMED ACTIVITIES ON THE TERRITORY OF THE CONGO (DEMOCRATIC REPUBLIC OF THE CONGO v RWANDA), JURISDICTION AND ADMISSIBILITY, JUDGMENT OF 3 FEBRUARY 2006

摘要

The judgment of the International Court of Justice (ICJ) on its jurisdiction in the case brought by the Democratic Republic of the Congo (the DRC) against Rwanda deals with the special relevance of factors arising under the law of treaties and the nature of the relevant substantive obligations in the field of human rights and humanitarian law. The case arose out of the actions of Rwandese military units, in conjunction with other foreign forces, on the territory of the DRC. These actions resulted in large-scale massacres, destruction of property and plundering the natural resources of the DRC. On 28 May 2002, the DRC instituted proceedings against Rwanda before the ICJ, requesting the Court to pronounce that Rwanda was responsible for aggression against the DRC, as well as for large-scale massacres, rape, throat-cutting and crucifying. The DRC simultaneously requested the Court to order provisional measures demanding that Rwanda discontinue the above-mentioned practices. In its Order of 10 July 2002, the Court refused to order provisional measures, holding that the requirement of prima facie jurisdiction was not satisfied. However, the Court also refused to comply with Rwanda's request to remove the case from the list because of its lack of jurisdiction. Therefore, the case moved to jurisdictional stage, at which the Court dealt with Rwanda's objections to the jurisdiction of the Court and to the admissibility of the DRC's application.