Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Rwanda)
International Court of Justice
2006 I.C.J. No. 126
The Democratic Republic of the Congo (DRC) (plaintiff) brought suit in the International Court of Justice (ICJ) against Rwanda (defendant) on the ground that Rwanda allegedly was involved in and supported a variety of military activities in the DRC’s territory. The DRC sought to establish jurisdiction of the ICJ on the ground that nine treaties existed between the two countries containing jurisdictional clauses which required submission of disputes to the ICJ. Two of these treaties were dismissed at the outset as Rwanda was not actually a party to one of them, and because the DRC did not pursue any claims involving the second treaty. On the other seven treaties, Rwanda objected to their enforcement on the grounds that it had either entered reservations regarding their dispute settlement clause, or that the treaty provisions in question did not apply to the actual matters in dispute. The DRC denied the validity of Rwanda’s reservations and attempted to argue that the dispute fell within the terms of the treaties. In evaluating whether it had jurisdiction, the ICJ considered jurisdictional clauses present in the Genocide Convention and the Convention on Discrimination against Women.
Rule of Law
Holding and Reasoning
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