World Court Digest

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III.	The International Court of Justice
1.	FUNDAMENTAL PRINCIPLES
1.2.	Consent of States

¤ Armed Activities on the Territory of the Congo
(Democratic Republic of the Congo v. Uganda),
Request for the Indication of Provisional Measures,
Order of 1 July 2000

[p. Decl. Oda] 6. I contend that the Application in the present case is inadmissible. I am aware that the issue of admissibility may well be dealt with at the merits stage of the case. I believe, however, that the present case lacks, even prima facie, the element of admissibility. The jurisprudence of the Court shows that judgments rendered by the Court and provisional measures indicated by it in advance of the merits phase have not necessarily been complied with by the respondent States or by the parties.

If the Court agrees to be seised of the application or request for the indication of provisional measures of one State in such circumstances, then the repeated disregard of the judgments or orders of the Court by the parties will inevitably impair the dignity of the Court and raise doubt as to the judicial role to be played by the Court in the international community.

7. It is a principle that the Court's jurisdiction is founded on the consent of the States parties to the dispute and that declarations under the optional clause accepting the Courts compulsory jurisdiction may be made only if they arise from the bona fide will of the State. One can hardly believe that the present case stems from any legal dispute between two parties appearing willingly and in good faith before the Court.

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