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115-Armed Activities on the Territory of the Congo (DRC vs Burundi)

On June 23rd, 1999, the Democratic Republic of the Congo (DRC) filed an application instituting proceedings before the International Court of Justice (ICJ) against Burundi. It asserted that acts of aggression had been committed on its territory, which if true, would be a clear violation of the United Nations Charter as well as the Charter of the Organisation for the African Unity. The Congo sought not only an immediate cessation of the alleged acts, but also reparation for any damage resulting from these acts as well as restitution of properties and resources appropriated for the benefit of the defendant state.

The DRC grounded the jurisdiction of the Court on several legal instruments: Article 36, paragraph 1, of the Statute, the New York Convention of 10 December 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Montreal Convention of 23 September 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation and, lastly, Article 38, paragraph 5, of the Rules of Court.

However, the Government of the DRC informed the Court that it intended to discontinue the proceedings instituted against Burundi, while stating that it reserved the right to invoke subsequently new grounds of jurisdiction of the Court.

Order of 30-01-2001.pdf

This summary is provided for informational purposes only, does not involve the responsibility of Dome and should in no way be used as a substitute for a careful reading of the judgment and order of the case.

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