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| I. | Substantive International Law - First Part |
| 8. | VIOLATIONS OF INTERNATIONAL LAW AND RESPONSIBILITY OF STATES |
| 8.1. | General Questions |
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Arrest Warrant of 11 April 2000
(Democratic Republic of the Congo v. Belgium)
Judgment of 14 February 2002
[p. 185 D.O. Van den Wyngaert] 84. ... I also believe, assuming again that there has been an infringement of an international obligation by Belgium, that the declaratory part of the Judgment should have sufficed as reparation for the moral injury suffered by Congo. If there was an act constituting an infringement, which I do not believe exists (a Belgian arrest warrant that was not contrary to customary international law and that was moreover never enforced), it was trivial in comparison with the Congo’s failure to comply with its obligation under Article 146 of the IVth Geneva Convention (investigating and prosecuting charges of war crimes and crimes against humanity committed on its territory). The Congo did not come to the International Court with clean hands1, and its Application should have been rejected. De minimis non curat lex2.
| 1 | Footnote omitted. |
| 2 | Footnote omitted. |
