democratic republic of congo v burundi and others communication 227 of 1999 2003 achpr 41 29 may 2003

democratic republic of congo v burundi and others communication 227 of 1999 2003 achpr 41 29 may 2003

The armed intervention, occupation, and actions of Burundi, Rwanda, and Uganda in the eastern provinces of the DRC constituted violations of the African Charter on Human and Peoples' Rights, including the rights to self-determination, peace and security, property, health, education, and the free disposal of natural resources. The Commission found that the Respondent States' conduct, including massacres, rapes, deportations, looting, and occupation, was inconsistent with their obligations under the Charter and international law. The Commission relied on Articles 2, 4, 5, 12(1) and (2), 14, 16, 17, 18(1) and (3), 19, 20, 21, 22, and 23 of the African Charter, as well as relevant provisions...

Citation
democratic republic of congo v burundi and others communication 227 of 1999 2003 achpr 41 29 may 2003
Parties
Applicant: Democratic Republic of Congo; Respondent: Burundi; Respondent: Rwanda; Respondent: Uganda
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
29 May 2003
Procedural Posture
Inter State Communication / Decision on Merits
Outcome
Findings of violations against Burundi, Rwanda, and Uganda; recommendations issued.
Legal Topics
Armed Aggression, State Responsibility, Massive Human Rights Violations, Self Determination, Illegal Exploitation of Natural Resources, Reparations, Sovereignty, Territorial Integrity, Non Interference, War Crimes
Source Language
English
International Human Rights Law International Humanitarian Law Public International Law Armed Aggression State Responsibility Massive Human Rights Violations Self Determination Illegal Exploitation of Natural Resources +5 more

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Parties

Democratic Republic of Congo

Applicant

Burundi

Respondent

Rwanda

Respondent

Uganda

Respondent

Procedural Posture

Inter State Communication / Decision on Merits

Legal Issues

  1. 1 Whether the armed intervention and occupation by Burundi, Rwanda, and Uganda in eastern DRC violated the African Charter on Human and Peoples' Rights and other international instruments
  2. 2 Whether the Respondent States committed grave and massive violations of human and peoples' rights in the DRC
  3. 3 Whether the illegal exploitation of natural resources by Respondent States violated the rights of the Congolese people under the African Charter

Ratio Decidendi

The armed intervention, occupation, and actions of Burundi, Rwanda, and Uganda in the eastern provinces of the DRC constituted violations of the African Charter on Human and Peoples' Rights, including the rights to self-determination, peace and security, property, health, education, and the free disposal of natural resources. The Commission found that the Respondent States' conduct, including massacres, rapes, deportations, looting, and occupation, was inconsistent with their obligations under the Charter and international law. The Commission relied on Articles 2, 4, 5, 12(1) and (2), 14, 16, 17, 18(1) and (3), 19, 20, 21, 22, and 23 of the African Charter, as well as relevant provisions...

Court Disposition

Findings of violations against Burundi, Rwanda, and Uganda; recommendations issued.

Orders

  • Respondent States found in violation of Articles 2, 4, 5, 12(1) and (2), 14, 16, 17, 18(1) and (3), 19, 20, 21, 22, and 23 of the African Charter on Human and Peoples' Rights.
  • Respondent States urged to abide by their obligations under the UN Charter, OAU Charter, African Charter, and other applicable international law, and to withdraw troops immediately from DRC territory.