Max Planck Institute for Comparative Public Law and International Law Logo Max Planck Institute for Comparative Public Law and International Law

You are here: Publications Archive World Court Digest

World Court Digest



III. The International Court of Justice
3. THE PROCEDURE OF THE INTERNATIONAL COURT OF JUSTICE
3.10. Provisional Measures
3.10.3. Provisional Measures and Jurisdiction

¤ 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

[pp. ] 32. Whereas the two Parties have each made a declaration recognizing the jurisdiction of the Court in accordance with Article 36, paragraph 2, of the Statute; whereas the declaration of Uganda was deposited with the Secretary-General of the United Nations on 3 October 1963 and that of the Congo (formerly Zaire) on 8 February 1989; whereas neither of the two declarations includes any reservation; and whereas Uganda stated in its declaration that it was made on the sole condition of reciprocity;

33. Whereas on a request for the indication of provisional measures the Court need not, before deciding whether or not to indicate such measures, finally satisfy itself that it has jurisdiction on the merits of the case, yet it may not indicate them unless the provisions invoked by the Applicant appear, prima facie, to afford a basis on which the jurisdiction of the Court might be founded;

34. Whereas the Court considers that the declarations made by the Parties in accordance with Article 36, paragraph 2, of the Statute constitute a prima facie basis upon which its jurisdiction in the present case might be founded;