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Committee International Court of Justice

Issue Armed Activities on the Territory of the Congo (Democratic


Republic of Congo vs Uganda)

Name Shraddha Puri and Philip Ezekiel Tan

Position President, Deputy President

This case involves the 1998 invasion of the Democratic Republic of the Congo by the
Republic of Uganda and the numerous atrocities that soldiers of the Ugandan Armed
Forces committed whilst occupying Congolese territory.
In 1996, Rwanda invaded the DRC (then Zaire) to fight rebel groups that had fled there.
She was quickly joined by Uganda, Burundi and a coalition of other African countries
who eventually joined together to overthrow the longtime dictator of the DRC, Mobutu
Sese Seko. He was replaced by Laurent-Désiré Kabila, who soon faced the problem of
his foreign allies refusing to leave the country. His July 1998 order to expel all Ugandan
and Rwandan forces from the country was ignored, and the rebel forces that the two
countries backed re-started conflict. It was this foreign occupation and the subsequent
atrocities that foreign troops committed that led the DRC to file a case before the
International Court of Justice in 1999.
According to the DRC, the acts of ​armed aggression​ that Uganda has conducted
constitute a violation of its sovereignty and of human rights as defined by international
law. In particular, the DRC accuses Uganda of violating the United Nations Charter, the
Universal Declaration of Human Rights, and the Geneva Convention, among other
treaties. Uganda claims that its troops were occupying certain parts of the DRC for
security reasons, as many anti-Uganda rebels had exploited the anarchy in the DRC
and used it as a base to conduct their operations. Uganda and the DRC are both
members of the United Nations.

Definition of Key Terms

Term Definition (source)

United Nations Charter The fundamental treaty of the United Nations.


Sets out founding principles such as respect
for human rights and promoting higher
standards of living. (UN.org)

Universal Declaration of Human Rights Foundational document affirming an


individual’s rights. Further elaborated in
numerous succeeding treaties.

Geneva Convention A set of treaties that set out international


rules for humanitarian treatment in war.

Sovereignty The authority of a state over itself without


outside intervention.

Territorial integrity The principle that states cannot use force to


change the borders of other states.
Armed aggression The use of armed force against the
sovereignty, territorial integrity or political
independence of a state.

Human rights Rights inherent to all human beings, including


the right to life, the right to liberty, etc.
(UN.org)

Major Countries and Organisations Involved


Democratic Republic of the Congo (DRC)
The DRC is accusing Ugandan troops of committing atrocities during their occupation of
various parts of the Congo. The DRC claims that both the occupation and subsequent
atrocities are in violation of international law and of the UN Charter.
Uganda
Uganda argues that its security forces were in the DRC because anti-Uganda rebels
used the DRC as a safe haven, where they set up bases and invaded Ugandan villages.
It was already actively negotiating with the DRC and other African countries involved to
resolve the conflict. Uganda claims that the alleged abuses and atrocities were
committed in places that Ugandan soldiers did not occupy.
International Court of Justice
The DRC approached the International Court of Justice in order to push for provisional
measures pertaining to Ugandan troop withdrawals and reparations, and to arbitrate
over the conflict.
Timeline of Events

Date of Event Description of Event

24 October 1996 Rwanda invades the DRC with support from


Uganda, Angola, and other African countries.

17 May 1997 Laurent-Desire Kabila proclaims himself


president after overthrowing Mobutu with the
backing of Rwanda and Uganda.

26 July 1998 Kabila orders all foreign forces to leave the


DRC.

2 August 1998 Conflict restarts as Congolese soldiers form


rebel groups and fight the new government.

31 August 1998 Representatives from the DRC make the first


of several attempts to raise the issue with the
United Nations.

9 April 1999 The Security Council adopts Resolution 1234,


which demands the immediate withdrawal of
all “uninvited” troops from the DRC.

23 June 1999 The DRC files a case against Uganda in the


International Court of Justice.

19 June 2000 The DRC files a request with the Court to


indicate provisional measures.
Treaties that the Democratic Republic of the Congo claimed that Uganda violated:
● Article 2, Paragraph 4 of the United Nations Charter
● Article 3 of the Charter of the Organization of African Unity
● Universal Declaration of Human Rights
● International Covenant on Civil and Political Rights
● Geneva Convention and Additional Protocols to said Convention
● New York Convention of 1984 against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
● Montreal Convention of 1971

Task List for Countries:


Advocates of the Democratic Republic of the Congo should:
● Prove that the ICJ has jurisdiction over the case.
● Outline the numerous treaties and agreements that it claims Uganda was in
violation of. Specify which part of those treaties Uganda disregarded.
● Find evidence for Uganda’s motives in occupying parts of the DRC
● Find evidence that Ugandan troops or Ugandan-funded rebels were responsible
for committing atrocities in territories under their occupation
● Demand compensation for atrocities committed

Advocates of the Republic of Uganda should:


● Prove why it did not violate the treaties that the DRC claimed it did.
● Justify their presence on DRC territory and the reasons for their presence there
in spite of Kabila’s order.
● Prove that the atrocities the DRC accuses them of committing are either untrue
or conducted by non-Ugandan forces.

Resources for further Reading


● UN Charter​ (1945)
● UN Declaration of Human Rights​ (1948)
● Nicaragua v. United States (a similar case)​ (1986)
● Application Instituting Proceedings against Uganda​ (1999)
● Updates on ICJ case​ (2019)
● ICJ Procedure @ IASAS ​(2018)

Bibliography
“CASE CONCERNING MILITARY AND PARAMILITARY ACTIVITIES IN AND
AGAINST NICARAGUA.”​Icj.org​, UnitedNations, 2019,
www.icj-cij.org/files/case-related/70/070-19860627-JUD-01-00-EN.pdf​.

“Cases: International Court of Justice.” ​Cases | International Court of Justice​, 2019,


www.icj-cij.org/en/cases​.
Gathii, James Thuo. “Armed Activities on the Territory of the Congo (Democratic
Republic of the Congo v. Uganda).” ​The American Journal of International Law,​ vol.
101, no. 1, 2007, pp. 142–149. ​JSTOR,​ ​ ​www.jstor.org/stable/4149829​.

“Latest Developments: Armed Activities on the Territory of the Congo (Democratic


Republic of the Congo v. Uganda): International Court of Justice.” ​Latest Developments
| Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v.
Uganda) | International Court of Justice​, 2019, icj-cij.org/en/case/116.

Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States
of America). Merits, Judgment. I.C.J. Reports 1986, p. 14.

“Territorial Integrity.” ​CSCE,​ 2019, ​www.csce.gov/issue/territorial-integrity​.

“UN Charter (Full Text).” ​United Nations,​ United Nations, 2019,


www.un.org/en/sections/un-charter/un-charter-full-text/​.

“Universal Declaration of Human Rights.” ​United Nations,​ United Nations, 2019,


www.un.org/en/universal-declaration-human-rights/​.

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