Saturday, February 04, 2006

International Court of Justice finds that it has no jurisdiction in Democratic Republic of the Congo v. Rwanda

In its yesterday’s judgment International Court of Justice found that it has no jurisdiction to entertain the application filed by the Democratic Republic of the Congo against Rwanda regarding armed activities on the territory of the DR of Congo. The Court firstly noted that it cannot consider any matter relating to the merits of the dispute between the Democratic Republic of the Congo (DRC) and Rwanda. It points out that, in accordance with the decision taken in its Order of 8 September 2002, it is required to address only the questions of whether it is competent to hear the dispute and whether the DRC’s Application is admissible.

DR of Congo in its attempt to find jurisdiction of ICJ, cited no less than eleven treaties as the basis for the ICJ's jurisdiction, but in vain. The Court concluded that none of the bases of jurisdiction put forward by the DRC can be upheld and that it therefore has no jurisdiction to entertain the application.

In similar case regarding Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), the Court in its decision from 19 December 2005 found that Uganda violated the principles of non-use of force in international relations and of non-intervention and that it violated its obligations under international human rights law and international humanitarian law and that it violated other obligations owed to the Democratic Republic of the Congo.

0 Comments:

Post a Comment

<< Home