Congo in hot water after ICJ orders reparations to Uganda

Last updated on 23 April 2022

THE International Court of Justice, the principal judicial organ of the United Nations, today delivered its Judgment on the question of reparations in the case concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda).
In its Judgment delivered this week at the court’s headquarters in The Hague, which is final, without appeal and binding on the Parties, the Court: (1) Fixes the following amounts for the compensation due from the Republic of Uganda to the Democratic Republic of the Congo for the damage caused by the violations of international
obligations by the Republic of Uganda, as found by the Court in its Judgment of 19 December 2005:
(a) By twelve votes to two, US$225,000,000 for damage to persons;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Sebutinde, Bhandari, Robinson, Iwasawa, Nolte; AGAINST: Judge Salam; Judge ad hoc Daudet;
(b) By twelve votes to two, US$40,000,000 for damage to property;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Sebutinde, Bhandari, Robinson, Iwasawa, Nolte; AGAINST: Judge Salam; Judge ad hoc Daudet;
(c) Unanimously, US$60,000,000 for damage related to natural resources;

• 2 –
  (2) By twelve votes to two,
  Decides that the total amount due under point 1 above shall be paid in five annual instalments
  of US$65,000,000 starting on 1 September 2022;
  IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Abraham, Bennouna,
  Yusuf, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte;
  AGAINST: Judge Tomka; Judge ad hoc Daudet;
  (3) Unanimously, Decides that, should payment be delayed, post-judgment interest of 6 per cent will accrue on
  any overdue amount as from the day which follows the day on which the instalment was due;
  (4) By twelve votes to two,
  Rejects the request of the Democratic Republic of the Congo that the costs it incurred in the
  present case be borne by the Republic of Uganda;
  IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Abraham, Bennouna,
  Yusuf, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte;
  AGAINST: Judge Tomka; Judge ad hoc Daudet;
  (5) Unanimously, Rejects all other submissions made by the Democratic Republic of the Congo.
  *
  Judge TOMKA appends a declaration to the Judgment of the Court; Judge YUSUF appends a
  separate opinion to the Judgment of the Court; Judge ROBINSON appends a separate opinion to the
  Judgment of the Court; Judge SALAM appends a declaration to the Judgment of the Court;
  Judge IWASAWA appends a separate opinion to the Judgment of the Court; Judge ad hoc DAUDET
  appends a dissenting opinion to the Judgment of the Court. -www.icj-cij.org