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(Democratic Republic of the Congo v. Uganda)
Provisional Measures
Order of 1 July 2000
On 23 June 1999, the Democratic Republic of the Congo instituted proceedings against Uganda in respect of a dispute concerning what the applicant referred to as acts of armed aggression perpetrated by Uganda on the territory of the Congo. In its application, the Congo based the jurisdiction of the Court on the declarations made by the two States under Article 36, paragraph 2, of the Statute.
On 19 June 2000 the Congo then submitted to the Court a request for the indication of provisional measures by which it inter alia asked the Court to request Uganda to order its army to withdraw immediately and completely from the disputed area; to order its army to cease all fighting or military activity on the territory of the Congo and to withdraw immediately and completely from that territory; and finally to also desist from providing any support to any State, group, organization, movement or individual engaged or preparing to engage in military activities on the territory of the Congo.
In its order, the Court noted that the two Parties had each made a declaration recognizing the jurisdiction of the Court in accordance with Article 36, paragraph 2, of the Statute without any reservation which therefore constituted a prima facie basis upon which its jurisdiction in the case could be founded.
Besides and notwithstanding the fact that the very same situation had already been dealt with by the Security Council in its resolution 1304 (2000), adopted under Chapter VII of the United Nations Charter on 16 June 2000, the Court is not precluded from acting in accordance with its Statute and with the Rules of Court, since no provision similar to Art. 12 of the United Nations Charter is to be found anywhere in the Charter with respect to the Security Council and the Court.
The Court further stated that it is not precluded from indicating provisional measures in a case merely because a State which has simultaneously brought a number of similar cases before the Court seeks such measures in only one of them.
Given the situation on the ground, the Court then found that there existed a serious risk of events occurring which might aggravate or extend the dispute or make it more difficult to resolve. Accordingly it requested both Parties to prevent and refrain from any action, and in particular any armed action, which might prejudice the rights of the other Party in respect of whatever judgment the Court may render in the case, or which might aggravate or extend the dispute before the Court or make it more difficult to resolve; that both Parties must take all measures necessary to comply with all of their obligations under international law, in particular those under the United Nations Charter and the Charter of the Organization of African Unity, and with United Nations Security Council resolution 1304 (2000) of 16 June 2000; and that they must take all measures necessary to ensure full respect within the zone of conflict for fundamental human rights and for the applicable provisions of humanitarian law.
Judges Oda and Koroma appended declarations to the order.
