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[p.3]
The President of the International Court of Justice,
Having regard to Article 48 of the Statute of the Court and to Article 89,
paragraphs 2 and 3, 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 Republic of Burundi in respect of a dispute
concerning "acts of armed aggression perpetrated by Burundi 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",
Having regard to the Order of 21 October 1999, whereby the Court, taking
into account the agreement concerning the procedure reached between the
Parties, and their views regarding the time-limits to be fixed, decided that
the written proceedings would first be addressed to the questions of the
jurisdiction of the Court to entertain the Application and of its
admissibility, and fixed 21 April 2000 and 23 October 2000 respectively as
the time-limits for the filing of the Memorial of the Republic of Burundi
and the Counter-Memorial of the Democratic Republic of the Congo on those
questions,
Having regard to the Memorial of the Republic of Burundi, which was filed
within the time-limit thus fixed,
Having regard to the Order of 19 October 2000, whereby the President [p 4]
of the Court extended to 23 January 2001 the time-limit for the filing of
the Counter-Memorial of the Democratic Republic of the Congo;
Whereas, by a letter dated 15 January 2001, received in the Registry on the
same day by facsimile, the Agent of the Democratic Republic of the Congo,
referring to Article 89, paragraph 2, of the Rules of Court, notified the
Court that the Government of the Democratic Republic of the Congo wished to
discontinue the proceedings and stated that it "reserve[d] the right to
invoke subsequently new grounds of jurisdiction of the Court";
Whereas a copy of that letter was immediately communicated to the Government
of the Republic of Burundi, which was informed that the President of the
Court, acting pursuant to Article 89, paragraphs 2 and 3, of the Rules of
Court, had fixed 23 January 2001 as the time-limit within which Burundi
could state whether it opposed the discontinuance;
Whereas, by a letter dated 19 January 2001, received in the Registry on the
same day by facsimile, the Agent of Burundi informed the Court that his
Government concurred in the Democratic Republic of the Congo's
discontinuance of the proceedings,
Places on record the discontinuance by the Democratic Republic of the Congo
of the proceedings instituted by the Application filed on 23 June 1999; and
Orders that the case be removed from the List.
Done in French and in English, the French text being authoritative, at the
Peace Palace, The Hague, this thirtieth day of January two thousand and one,
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 Republic of Burundi, respectively.
(Signed) Gilbert Guillaume,
President.
(Signed) Philippe Couvreur,
Registrar. |
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