Democratic Republic of the Congo V. Uganda - Courses

Democratic Republic of the Congo V. UgandaFactsThe International Court of Justice, No. 116 (2005)a. On June 23 rd 1999, The Democratic Republic of the Congo (DRC) filed anapplication in the ICJ instituting proceedings against the Republic of Ugandaa. Concerning acts of armed aggression by Uganda in the territory of theDRCb. The DRC said this was in violation of the UN Charter and of the Charter of theOrganization of African Unityc. This military action was part of Uganda’s involvement in the civil was andmulti-state conflict that took over the DRC between 1998 and 2003d. Ugandan troops entered the DRC territory on 28 July 1998e. President Kabila requested for the foreign troops to leave but they refuseda. Inter alia violation of the sovereignty and territory of the DRCb. Along with violations of human rights and international humanitarianlawf. Uganda asked for the immediate and unconditional removal of Ugandantroops and compensation for suffragesg. This case was one of four brought to the ICJ concerning the Congolese conflictQuestionsa. Does the Court have Jurisdictionb. Did the Uganda violate International law by violating the DRC’s sovereigntyc. Was the Ugandan military action in violation of the UN Charter and theOrganization of African Charterd. Did Uganda violate human rights and international humanitarian laws

Decisionsa. The ICJ does have jurisdictionb. The court found that Uganda did violate the international principles of non-useof force and Non-intervention with its armed activities between August 1998and June 2003a. The magnitude and duration of their military intervention was a hugeviolation of Article 2(4) of the UN Charterc. Uganda was also to be found in violation of human rights law and internationalhumanitarian lawd. However the Court ruled in favor of Uganda concerning the violated obligationsthat the DRC owed to Uganda under the Vienna Convention on DiplomaticRelationse. The Court granted the DRC’s request for reparations, noting under prior precedent itis “well established in general international law that a State which bears responsibilityfor an internationally wrongful act is under an obligation to make full reparation forthe injury caused by that act.”Principlesa. Human Rights laws and International humanitarian lawb. The principles of non-use force and non-intervention principles in the UNconventionc. Sovereignty and territoryConclusionsThis case has resonated in the ICJ as one of the hardest cases to ever pass through it.Overall Uganda was in violation of many different international principles with itssustained military actions in the DRC. The ICJ was responsible for considering all

facts presented to the court. The relevant facts were not at dispute it was how thecourt should look at the facts.BibliographyThe Democratic Republic of the Congo v. Uganda, No. 116, The International Court ofJustice (2005)SubmittedZuri H Malick , November 18, 2009