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1 DRC V UGANDA (Uganda:Applicant)

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1 DRC V UGANDA (Uganda:Applicant) Model International Court of Justice (MICJ) Case #1 Democratic Republic of the Congo (Applicant) Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) Arkansas Model United Nations (AMUN) November 20-21, 2020 1 Democratic Republic of the Congo’s Complaint The Democratic Republic of the Congo (DRC) files in the Registry of the Court Applications instituting proceedings against Uganda “for acts of armed aggression committed in flagrant breach of the United Nations Charter and of the Charter of the Organization of African Unity”.i In addition to the complete stop of the violent acts, the DRC respectfully seeks reparation for acts of intentional destruction and looting, as well as the restoration of national property and resources appropriated for the benefit of Uganda. ii There are three main claims that are submitted against Uganda. Firstly, by “engaging in military and paramilitary activities against the DRC and by occupying DRC territory and actively extending military, economic and financial support to irregular forces operating in the DRC, Uganda violated international law governing non-use of force, peaceful settlement of disputes, respect of sovereignty, and non-intervention”. iii Secondly, by committing several acts of violence against DRC nationals and destroying their property, and by failing to prevent such acts by persons under its control, “Uganda violated international legal obligations to respect human rights, including the obligation to distinguish between civilian and military objectives during armed conflict”. iv Lastly, “by exploiting Congolese natural resources and pillaging DRC assets and wealth, Uganda violated international law governing rules of occupation, respect for sovereignty over natural resources, right to self-determination of peoples, and the principles of non-interference in domestic matters.”v 2 The DRC hereby files a request for the indication of provisional measures to put a stop to all unsolicited military activity and violations of human rights and of the sovereignty of the DRC by Uganda. vi Historical Background The main events leading to this important case originated in May 1997 with President Laurent-Désiré Kabila's deposition of Zairean dictator Mobutu-Sese Seko. Laurent Kabila came into power with the military assistance and aid from Uganda and Rwanda, hence his several attempts to now remove Ugandan and Rwandese troops from the DRC were rather unsuccessful. vii After President Kabila’s came into power, Uganda and Rwanda were granted many benefits in the DRC especially in the military and economic sectors, so they were opposed to Kabila’s decision of a gradual reduction of their influence in the DRC.viii The DRC was invaded by Ugandan armed forces in August 1998, and these troops also captured and occupied most Congolese towns and territory. This was done as a response to Kabila’s decision to get rid of the Ugandan and Rwandese forces from the DRC. Further, the DRC contended that Uganda “recruited, funded, trained, equipped, and supplied armed Congolese groups opposed to the Kabila government.” ix It was, according to the DRC, this “new policy of independence and emancipation” from the two States that sparked up the invasion of towns and territory of the DRC by Ugandan armed forces in August 1998.x 3 The invasion by Ugandan troops created conflict in many areas of the DRC and involves violent fighting in seven provinces namely Nord-Kivu, Sud-Kivu, Equateur, Maniema, Katanga, Orientale Province, and Kasai Oriental.xi The facts as they occurred during the first days of the surprise invasion of the territory of the Democratic Republic of the Congo by Ugandan troops are as follows. 1. On the 2nd and 3rd of August 1998, columns of Ugandan army trucks carrying heavily armed soldiers breached the eastern frontiers of the Congo and occupied the cities of Goma and Bukavu. 2. At the same time these events were taking place in the east of the country, in Kinshasa approximately 1,000 Ugandan soldiers, having evaded the repatriation operation ordered by the Congolese Government and acting with the support of so-called “Banyamulenge” units, attacked the military camps of Tshatshi and Kokolo. 3. On Tuesday 4th August 1998, three Boeings belonging to Congolese companies (Congo Airlines, Lignes aériennes congolaises and Blues Airlines) were forced to reroute from Goma (Nord-Kivu) to the military base of Kitona (Bas-Congo), with 600 to 800 Ugandan soldiers on board. 4. On Sunday 9 August 1998, two columns of Ugandan soldiers violated the territorial integrity of the Democratic Republic of the Congo. The first column was made up of 3 armored vehicles and 7 “KV” trucks, while the second comprised seven armored cars. Having crossed the frontier between Kamango and Watsa, they advanced on Bunia, in Orientale Province. 5. Further, on the same day (9 August 1998), a large transport aircraft of the Ugandan army landed at Nebbi in Uganda, close to Karobo, some 20 kilometers from Mahagi, on Congolese territory. The aircraft was carrying a substantial consignment of arms and munitions. These were distributed to the garrisons of Fahidi, Huruti, Mbo and Mee so that they could provide support for the Ugandan troops in the Congo.xii 4 The DRC maintains that in an official statement published on 28 July 1998, President Kabila called for the complete withdrawal of foreign troops from Congolese territory. Although his address referred mainly to Rwandan troops, the DRC argues that there can be no doubt that President Kabila intended to address his message to “all foreign forces”. Uganda began its violent military intervention in the DRC immediately after the failure of the coup attempt against Kabila.xiii The DRC claims that the aim was to overthrow President Kabila within ten days, and in the advance towards Kinshasa, Ugandan and Rwandan troops violently captured certain towns and occupied the Inga Dam, which is the main source of electricity to Kinshasa.xiv Countries like Angola and Zimbabwe came to the immediate assistance of the Congolese Government to help prevent the capture of Kinshasa by Ugandan and Rwandan troops, and in the north-eastern part of the country, within few months, Uganda People’s Defense Force (UPDF) troops had advanced and had progressively occupied a huge amount of Congolese territory in several provinces.xv The DRC states that Uganda’s military operation against the DRC also included the provision of military support to armed groups in the DRC that were opposed to President Kabila’s Government. At the end of September 1998, Uganda supported the creation of the new Movement for the Liberation of the Congo (MLC) rebel group. According to the DRC, Uganda was significantly involved in the recruitment, training, education, equipment and supplying of the MLC and its military wing, the ALC.xvi 5 The close links between Uganda and the MLC were reflected in the formation of a united military front in combat operations against the FAC. The DRC states that there were several occasions where the UPDF provided tactical support, including artillery cover, for ALC troops. Hence, the DRC contends that the Uganda People's Defense Force (UPDF) and the ALC constantly combined forces and acted in close co-operation while fighting against the Congolese army. It was then concluded that Uganda, “in addition to providing decisive military support for several Congolese rebel movements, has been extremely active in supplying these movements with a political and diplomatic framework”.xvii With all these violations by Uganda, the DRC asks the Court to indicate the following provisional measures against the Government of Uganda: (1) the immediate withdrawal of its armed forces from Kisangani; (2) the immediate cessation of all fighting or military activity on the territory of the DRC and the immediate and complete withdrawal from that territory; (3) the adoption of "all measures in its power" to desist from the commission or inciting the commission of war crimes; (4) the discontinuance of any act "having the aim or effect of disrupting, interfering with or hampering actions intended to give the population of the occupied zones the benefit of their fundamental human rights"; (5) the immediate cessation of "all illegal exploitation of the natural resources" of the DRC and (6) respecting the sovereignty of the DRC and its people.xviii 6 Additionally, the DRC also asks the Court to exercise what it called the "substantial power of discretion" conferred by Article 41 of its Statute: At this preliminary stage of a request for the indication of provisional measures, the Democratic Republic of the Congo is not asking the Court to condemn Uganda, to require it to pay compensation by way of reparation, or even to declare-at any event not in the operative part of the order for the indication of provisional measures-that Uganda has violated international law. The withdrawal of troops, or the ending of support for irregular armed groups, are required not as consequences of a finding that Uganda has violated international law, but simply as measures preserving the rights of the Democratic Republic of the Congo until the Court is able to decide the dispute on the merits.xix There were several human rights violations against the DRC that were perpetrated by Uganda since 2 August 1998, and the Ministry of Human Rights prepared the First and Second White Papers which includes a six-part summary of these violations. By way of illustration, the Democratic Republic of the Congo would cite the following incidents, which in no sense constitute an exhaustive list, and which are evidence of a deliberate policy operated by the Ugandan Government against the Democratic Republic of the Congo, and they are as follows.xx 1. Massacres: There was a mass murder of about 38 officers and up to 100 soldiers in the Congolese Armed Forces at Kavumu airport on Monday 3rd August 1998.
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