21 October 1999

 

General List No. 117

 
     

international Court of Justice

     
 

Armed Activities on the Territory of the Congo

 
     

Congo

 

v. 

Rwanda

     
     
 

Order

 
     
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BEFORE: President: Schwebel
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1999.10.21_armed_activities1.htm
   
Citation: Armed Activities on the Territory of the Congo (Dem. Rep. Congo v. Rwanda), 1999 I.C.J. 1025 (Order of Oct. 21)
   
Represented By: Congo: Maître Michel Lion;

Rwanda: Mr. Gerard Gahima.

 
     
 
 
     
 

[p.1025]
The International Court of Justice,

Composed as above,

Having regard to Article 48 of the Statute of the Court and to Articles 44 and 48 of the Rules of Court,

Having regard to the Application filed in the Registry of the Court on 23 June 1999, whereby the Democratic Republic of the Congo instituted proceedings against the Rwandese Republic in respect of a dispute concerning "acts of armed aggression perpetrated by Rwanda on the territory of the Democratic Republic of the Congo, in flagrant violation of the United Nations Charter and of the Charter of the Organization of African Unity";

Whereas, on 23 June 1999, a certified copy of the Application was transmitted to the Rwandese Republic;

Whereas the Democratic Republic of the Congo has appointed as Agent Maître Michel Lion, advocate at the Brussels Bar; and the Rwan-[p 1026]dese Republic has appointed as Agent Mr. Gérard Gahima, procureur général de la république;

Whereas, in its Application, the Democratic Republic of the Congo, in order to found the jurisdiction of the Court, invokes the declaration which it made on 8 February 1989 in accordance with Article 36, paragraph 2, of the Statute, and, while acknowledging that the Rwandese Republic has not made such a declaration, states that "Article 38, paragraph 5, of the Rules of Court allows a State against which an application is filed to accept the jurisdiction of the Court for the purpose of the case"; and whereas, in the said Application, the Democratic Republic of the Congo, referring to Article 36, paragraph 1, of the Statute, also invokes, in order to found the jurisdiction of the Court, Article 30, paragraph 1, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations on 10 December 1984, together with Article 14, paragraph 1, of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971;

Whereas, at a meeting between the President of the Court and the representatives of the Parties held on 19 October 1999, the Agent of Rwanda indicated, first, that his Government did not accept the proposal of the Democratic Republic of the Congo that the jurisdiction of the Court should be founded on a consent to be given in accordance with Article 38, paragraph 5, of the Rules of Court, and second, that in the opinion of his Government, the Court had no jurisdiction to entertain the Application; and whereas, at the conclusion of this meeting, the Parties agreed to request the Court to determine separately the questions of jurisdiction and admissibility in this case before any proceedings on the merits, on the understanding that the Rwandese Republic would first present a Memorial dealing exclusively with those questions and that the Democratic Republic of the Congo would reply to it in a Counter-Memorial confined to the same questions;

Whereas it is necessary for the Court to be informed of all the contentions and evidence of fact and law on which the Parties rely in that connection;

Taking into account the agreement concerning the procedure reached between the Parties, consulted under Article 31 of the Rules of Court, and their views regarding the time-limits to be fixed for that purpose,

Decides that the written proceedings shall first be addressed to the questions of the jurisdiction of the Court to entertain the Application and of its admissibility;

Fixes the following time-limits for the filing of those pleadings;

21 April 2000 for the Memorial of the Rwandese Republic; [p 1027]

23 October 2000 for the Counter-Memorial of the Democratic Republic of the Congo;

Reserves the subsequent procedure for further decision.

Done in French and in English, the French text being authoritative, at the Peace Palace, The Hague, this twenty-first day of October, one thousand nine hundred and ninety-nine, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of the Democratic Republic of the Congo and the Government of the Rwandese Republic, respectively.

(Signed) Stephen M. Schwebel,
President.

(Signed) Eduardo Valencia-Ospina,
Registrar.

 
     

   

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