DEMOCRATIC REPUBLIC OF THE CONGO V. UGANDA

THE 2022 REPARATIONS JUDGMENT

COURT: International Court of Justice

CORAM: Joan E. Donoghue

DATE OF JUDGMENT: 9 February 2022

FACTS

The Democratic Republic of the Congo (DRC) requested that the International Court of Justice (ICJ) commence legal proceedings against the Republic of Uganda for acts of armed aggression committed on DRC territory on June 23, 1999. The DRC said this was in violation of the UN Charter and of the Charter of the Organization of African Unity. DRC claimed that Uganda had invaded its territory, while Uganda countered that its presence there was legitimate. Through its 2005 judgement the ICJ found Uganda was in violation of many different international principles with its sustained military actions in the DRC. In 2015, the DRC had requested the Court reopen proceedings to determine the question of reparations?

ISSUE RAISED

The court determined the questions of reparations in this case.

JUDGEMENT

After the negotiations between the DRC and Uganda failed the ICJ took up the matter and awarded the Democratic Republic of the Congo (DRC) the global sum of US$330 Million as total compensation for damage caused by Uganda’s violations of international human rights law as found in the 2005 judgement. While doing do the Court maintained the Chorzow Factory standard of full reparation for injury caused by internationally wrongful acts.

The court saidthat “The reparation awarded to the DRC for damage to persons and to property reflects the harm suffered by individuals and communities as a result of Uganda’s breach of its international obligations.”

Judgment is doctrinally significant since the Court developed its own technique for computing compensatory reparations for widespread violations of human rights and humanitarian law.

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