Case concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda)

The Democratic Republic of the Congo (DRC) (plaintiff) instituted proceedings in the International Court of Justice (ICJ) against Uganda (defendant), alleging that Uganda and two other nations had invaded its territory and were engaged in acts of armed aggression in the DRC’s territory. The DRC alleged that Uganda had transgressed its sovereignty and territorial integrity. At the time proceedings were instituted, it was undisputed that: (1) Ugandan forces were in the DRC; (2) fighting was occurring between Ugandan forces and the forces of a neighboring state; (3) there were significant civilian casualties and property losses; and (4) there were serious human-rights violations and violations of international humanitarian law, which included various atrocities and massacres. The DRC sought injunctive relief through the indication of provisional measures prior to the ICJ’s adjudication of the case on the merits. Uganda objected to the indication of provisional measures. United Nations Security Council resolutions seemed to indicate that the armed hostilities in the DRC resulted from internal political unrest prompted by armed conflict between the government and rival groups and the intervention into that conflict of the armed forces of Uganda and other nations. Both the DRC and Uganda had submitted declarations acknowledging the ICJ’s jurisdiction pursuant to Article 36 (2) of the Statute of the International Court of Justice (the statute).