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[p.3]
The International Court of Justice,
Composed as above,
After deliberation,
Having regard to Article 48 of the Statute of the Court and to Articles 44
and 80 of the Rules of Court,
Having regard to the Application filed by the Democratic Republic of the
Congo (hereinafter "the Congo") in the Registry of the Court on 23 June 1999
instituting proceedings against the Republic of Uganda (hereinafter
"Uganda") in respect of a dispute concerning "acts of armed aggression
perpetrated by Uganda 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 fixed
time-limits for the filing of the Memorial of the Congo and of the
Counter-Memorial of Uganda, [p 4]
Having regard to the Memorial filed by the Congo and to the Counter-Memorial
filed by Uganda within the time-limit thus fixed, and to the counter-claims
submitted by Uganda in its Counter-Memorial,
Having regard to the Order of 29 November 2001, whereby the Court ruled on
the admissibility of the counter-claims presented by Uganda in its
Counter-Memorial, directed the Congo to submit a Reply and Uganda to submit
a Rejoinder relating to the claims of both Parties in the current
proceedings, and fixed 29 May 2002 and 29 November 2002 respectively as the
time-limits for the filing of those pleadings,
Having regard to the Reply filed by the Congo within the time-limit thus
fixed, and to the Rejoinder filed by Uganda within the time-limit as
extended by the Court in its Order of 7 November 2002;
Whereas, by a letter dated 6 January 2003 and received in the Registry on 9
January 2003, the Co-Agent of the Congo, referring to the Order made by the
Court on 29 November 2001, notified the Court that his Government wished to
present its views in writing a second time on the Ugandan counter-claims, in
an additional pleading, and proposed that 28 February 2003 be fixed as the
time-limit for the filing of the said pleading;
Whereas, by a letter dated 17 January 2003 and received in the Registry on
23 January 2003 by facsimile, the Agent of Uganda informed the Court that
his Government had no objection to the Congo’s request to file an additional
pleading and to the date proposed by the Congo for the filing of the said
pleading; and whereas he stated that "any such pleading must be strictly
limited to presenting the DRC’s views on Uganda’s counter-claims, and should
not be permitted to serve as a vehicle for the DRC to present additional
material or argument concerning her claims against Uganda";
Whereas, in its above-mentioned Order of 29 November 2001, the Court, after
indicating that it considered it necessary for the Congo to file a Reply and
for Uganda to file a Rejoinder, relating to the claims of both Parties,
added that:
"it is also necessary, in order to ensure strict equality between the
Parties, to reserve the right of the Congo to present its views in writing a
second time on the Ugandan counter-claims, in an additional pleading which
may be the subject of a subsequent Order";
Taking account of the agreement of the Parties,
Authorizes the submission by the Democratic Republic of the Congo of an
additional pleading relating solely to the counter-claims submitted by the
Republic of Uganda; [p 5]
Fixes 28 February 2003 as the time-limit for the filing of that pleading;
and
Reserves the subsequent procedure for further decision.
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this twenty-ninth day of January, two thousand and
three, 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 Uganda,
respectively.
(Signed) Gilbert Guillaume,
President.
(Signed) Philippe Couvreur,
Registrar.
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