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Re Joinder Submitted by the Republic of Uganda
INTERNATIONAL COURT OF JUSTICE CASE CONCERNING ARMED ACTIVITIES ON THE TERRITORY OF THE CONGO DEMOCRATIC REPUBLIC OF THE CONGO v. UGANDA REJOINDER SUBMITTED BY THE REPUBLIC OF UGANDA VOLUME 1 6 DECEMBER 2002 TABLE OF CONTENTS Page INTRODUCTION .................................................................... 1 CHAPTER 1 : THE PERSISTENT ANOMALIES IN THE REPLY CONCERNING MATTERS OF PROCEDURE AND EVIDENCE ............................................... 10 A. The Continuing Confusion Relating To Liability (Merits) And Quantum (Compensation) ...................... 10 B. Uganda Reaffirms Her Position That The Court Lacks Coinpetence To Deal With The Events In Kisangani In June 2000 ................................................ 1 1 C. The Courl:'~Finding On The Third Counter-Claim ..... 13 D. The Alleged Admissions By Uganda ........................... 15 E. The Appropriate Standard Of Proof ............................. 15 CHAPTER II: REAFFIRMATION OF UGANDA'S NECESSITY TO ACT IN SELF- DEFENCE ................................................. 2 1 A. The DRC's Admissions Regarding The Threat To Uganda's Security Posed By The ADF ........................ 27 B. The DRC's Admissions Regarding The Threat To Uganda's Security Posed By Sudan ............................. 35 C. The DRC's Admissions Regarding Her Consent To The Presetnce Of Ugandan Troops In Congolese Territory To Address The Threats To Uganda's Security.. ......................................................................4 1 D. The DRC's Failure To Establish That Uganda Intervened -
This Article Appeared in a Journal Published by Elsevier. the Attached
This article appeared in a journal published by Elsevier. The attached copy is furnished to the author for internal non-commercial research and education use, including for instruction at the authors institution and sharing with colleagues. Other uses, including reproduction and distribution, or selling or licensing copies, or posting to personal, institutional or third party websites are prohibited. In most cases authors are permitted to post their version of the article (e.g. in Word or Tex form) to their personal website or institutional repository. Authors requiring further information regarding Elsevier’s archiving and manuscript policies are encouraged to visit: http://www.elsevier.com/copyright Author's personal copy Political Geography 28 (2009) 55–65 Contents lists available at ScienceDirect Political Geography journal homepage: www.elsevier.com/locate/polgeo The silent encroachment of the frontier: A politics of transborder trade in the Semliki Valley (Congo–Uganda) Timothy Raeymaekers* Centre for Third World Studies, Conflict Research Group, University of Gent, Universiteitstraat 8, 9000 Gent, Belgium abstract Keywords: This article is about the frontier as a political place. Through a discussion of unofficial cross-border trade Border in the Semliki Valley (on the Congo–Ugandan border), it describes how people, despite the ruining effects Frontier of delocalization and state privatization, continue to reproduce their life worlds as places, which even- Conflict tually makes them the matrix of new political constellations. This silent encroachment of the Congo– Africa Ugandan frontier is marked in turn by a prolonged silent, and at occasions loud, advancement on existing Political economy power configurations that profoundly questions ruling modes of classification and standards of evalu- ation. -
Report on Violations of Human Rights and International Humanitarian Law by the Allied Democratic Forces Armed
UNITED NATIONS JOINT HUMAN RIGHTS OFFICE OHCHR-MONUSCO Report on violations of human rights and international humanitarian law by the Allied Democratic Forces armed group and by members of the defense and security forces in Beni territory, North Kivu province and Irumu and Mambasa territories, Ituri province, between 1 January 2019 and 31 January 2020 July 2020 Table of contents Summary ......................................................................................................................................................................... 4 I. Methodology and challenges encountered ............................................................................................ 7 II. Overview of the armed group Allied Democratic Forces (ADF) ................................................. 8 III. Context of the attacks in Beni territory ................................................................................................. 8 A. Evolution of the attacks from January 2015 to December 2018 .................................................. 8 B. Context of the attacks from 1 January 2019 and 31 January 2020 ............................................ 9 IV. Modus operandi............................................................................................................................................. 11 V. Human rights violations and abuses and violations of international humanitarian law . 11 A. By ADF combattants .................................................................................................................................. -
Democratic Republic of Congo • North Kivu Situation Report No
Democratic Republic of Congo • North Kivu Situation Report No. 4 03 August 2012 This report is produced by OCHA in collaboration with humanitarian partners. It was issued by OCHA DRC. It covers the period from 28 July to 03 August 2012. The next report will be issued on or around 10 August. I. HIGHLIGHTS/KEY PR IORITIES • The CERF allocates US$9.9 million to boost humanitarian response to North Kivu crisis. • Around 30,000 IDPs reported to have fled the Kibati area due to FARDC-M23 fighting. • Priority needs in IDP settlements and camps around Goma include access to health care and potable water. II. Situation Overview Since 26 July no clashes have been reported between the RDC - Nord Kivu Armed Forces of the Democratic Republic of the Congo (FARDC) and the M23 in Rutshuru Territory. On 31 July, Orientale the armed group Patriotic Alliance for a Free and Sovereign Congo (APCLS) launched an attack on the Beni FARDC, taking over the city of Kashuga in Masisi Territory. Civilians fled to Mweso and Kitchanga when the fighting Lubero OUGANDA started. On the first of August, the FARDC retook the city. REPUBLIQUE DEMOCRATIQUE Nord Kivu Pendular population movements have also been reported DU CONGO towards Mweso, Busamba, Mpati, Kitchanga and Kanyabayonga elsewhere as a result of a looting spree by armed groups Rutshuru Karambi of 10 villages located north and south-west of Kitchanga. Walikale Kitchanga Rubare Bunagana On 3 August, an armed group attacked the FARDC in Ntamugenga Masisi Nyiragongo Kasindi in Beni Territory. Maniema Goma RWANDA Concerns have been raised in the north-east of Rutshuru Sud Kivu territory over reports of alliances and increased presence 100 Km of the armed group Democratic Forces for the Liberation Sources: ESRI, Europa Technologies, UNCS, RGC, OCHA et partenaires. -
DEMOCRATIC REPUBLIC of the CONGO Hundreds of Schools Were Looted, Damaged, and Destroyed Or Used for Military Purposes in the Democratic Republic of the Congo
Global Coalition EDUCATION UNDER ATTACK GCPEA to Protect Education from Attack COUNTRY PROFILES DEMOCRATIC REPUBLIC OF THE CONGO Hundreds of schools were looted, damaged, and destroyed or used for military purposes in the Democratic Republic of the Congo. Armed parties also reportedly threatened, abducted, injured, and killed students and education personnel. Both boys and girls were recruited from schools or along school routes, and reports indicated that girls were taken specifically for sexual purposes. Context Already ongoing for more than two decades, conflict continued in the eastern Democratic Republic of the Congo. 678 A new conflict began in the Greater Kasai region in April 2016, when tensions between the government and traditional chiefs led to the emergence of the Kamuina Nsapu militia. 679 This violence surged in 2017, with conflict also escalating in North and South Kivu and Tanganyika provinces. 680 The armed parties included the Forces Armées de la République Démocratique du Congo (Armed Forces of the Democratic Republic of the Congo) (FARDC) and more than 120 non-state armed groups. 681 Most armed groups were small. One of the largest remaining groups was the Forces démocratiques de libération du Rwanda (Democratic Forces for the Liberation of Rwanda) (FDLR), which was estimated to have between 500 and 1,000 fighters in 2017. 682 The UN Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), which began its peacekeeping mission in 1999, also continued to operate in the country. 683 As of August 2017, 3.8 million people were internally displaced throughout DRC. 684 State and non-state parties reportedly raped, sexually enslaved, and forcibly impregnated women and girls because of their ethnicity. -
Democratic Republic of Congo: Persistent Insecurity and Threats Against Civilians Demands Sustained Attention by the Human Rights Council
Democratic Republic of Congo: Persistent insecurity and threats against civilians demands sustained attention by the Human Rights Council Amnesty International written statement to the 24th session of the UN Human Rights Council (9 – 27 September 2013) AI index: AFR 62/006/2013 23 August 2013 In light of renewed regional political engagement with the security situation in eastern Democratic Republic of Congo (DRC) and increased resources for the UN peacekeeping force, Amnesty International urges the United Nations Human Rights Council (HRC) to seize this opportunity and to implement sustained measures without delay to improve the human rights situation for the civilian population who have suffered the effects of conflict over the past two decades. Numerous key recommendations made by the HRC, the Special Procedures, the human rights Treaty Bodies, the UN Mapping Report and the Universal Periodic Review (UPR) process remain unfulfilled. The HRC must take stock of the grave human rights situation in the DRC and assess what can be done to improve it. A first step would be to evaluate the implementation of previous recommendations of UN human rights bodies and mechanisms with a view to developing the basis for sustained attention by the Human Rights Council. The priorities identified for the DRC government and the international community must include measures for long-term reform of the security sector and the judicial system – two areas of fundamental weakness contributing to persistent impunity. In this statement, Amnesty International elaborates on a previous submission 1 and provides recommendations for measures to address the urgent yet continual need for greater protection of civilians, including human rights defenders, journalists, and political opponents. -
Democratic Republic of the Congo
OPERATIONAL UPDATE Democratic Republic of the Congo 1 - 30 Septembre 2018 The security situation and human New arrivals of South 24,371 refugees at Lusenda site rights environment in Beni Sudanese refugees are creating received biomass briquettes; the Territory, North Kivu Province, growing shelter and space needs. first distribution of this scale for significantly deteriorated. UNHCR is The capacity of Meri settlement is Burundian refugees in South Kivu trying to ensure continuous of 20,000 people, but 33,517 Province. Biomass briquettes presence in Beni through missions refugees currently reside there. provide an environmentally-friendly from Goma and other offices. solution for cooking. Refugees Burundian refugees Total in the DRC Difference from previous month Repatriated this month 47,023 +511 10 As of 30 September 2018 ■ As of the end of September, 310 refugees at Lusenda site were registered as candidates for voluntary repatriation. On 18 September, 10 voluntarily returned to Burundi from Uvira, South Kivu Province. UNHCR provided transport and repatriation kits. 3 non-registered family members were also transported. ■ Between 31 August and 7 September, 305 refugees at Mulongwe settlement received cash transfers through mobile money. US$21,178 was transferred to cover school fees for the third trimester and construction costs for shelters, showers and latrines. ■ UNHCR relocated 1,232 Burundian refugees from transit centres to Mulongwe settlement between 1 and 17 September. Upon arrival, they were given non-food item (NFI) kits, and were temporarily hosted in common dormitories. They will be allocated plots of land and given cash and shelter kits. The relocation, which had been on hold due to funding constraints, eased the situation in overcrowded transit centres. -
Connecting Community Security and DDR Experiences
Connecting Community Security and DDR: Experiences from Eastern DRC Hans Rouw (IKV Pax Christi) Rens Willems (CCS) Working Group Community Security and Community-based DDR in Fragile States April 2010 i Working Group Members: Centre for Conflict Studies (CCS), Utrecht University Centre for International Conflict Analysis and Management (CICAM), Radboud University Nijmegen Conflict Research Unit (CRU) of the Netherlands Institute of International Relations ‘Clingendael’ European Centre for Conflict Prevention (ECCP) IKV Pax Christi Netherlands Ministry of Defense Netherlands Ministry of Foreign Affairs PSO (Capacity Building in Developing Countries Dutch Council for Refugees Authors: Hans Rouw (IKV Pax Christi) Rens Willems (CCS) This publication is an outcome of the in 2008 established ‘Network for Peace, Security and Development’. The Network aims to support and encourage the sharing of expertise and cooperation between the different Dutch sectors and organisations involved in fragile states. The PSD Network is an initiative under the Schokland Agreements in 2007. More information on the PSD Network en other millennium agreements: www.milleniumakkoorden.nl The views expressed and analysis put forward in this report are entirely those of the authors in their professional capacity and cannot be attributed to the Peace, Security and Development Network and / or partners involved in its working groups and/ or the Dutch Ministry of Foreign Affairs Executive Summary This report is based on 11 weeks of field research in eastern Democratic Republic of the Congo (DRC), between September and December 2009. Its aim is to connect community security and Disarmament Demobilization and Reintegration (DDR) programmes in a context specific way based on the insights of “Security Promotion in Fragile States: Can Local Meet National?” (Willems, Verkoren, Derks, Kleingeld, Frerks and Rouw, 2009) that was produced in the PSD network on community-based DDR. -
Ebola Virus Disease (EVD) Outbreak in North Kivu and Ituri Provinces, Democratic Republic of the Congo Persists and Continues to Be Closely Monitored
EBOLA VIRUS DISEASE Democratic Republic of the Congo External Situation Report 24 Health Emergency Information and Risk Assessment Page 1 WHO Health Emergencies Programme EBOLA VIRUS DISEASE Democratic Republic of the Congo External Situation Report 24 Date of issue: 16 January 2019 Data as reported by: 14 January 2019 Cases DeathsDeaths 1. Situation update 658 100402 The Ebola virus disease (EVD) outbreak in North Kivu and Ituri provinces, Democratic Republic of the Congo persists and continues to be closely monitored. Since our last report on 8 January 2019, 33 additional EVD cases (32 confirmed and 1 probable) and 25 deaths have been reported. From the beginning of the outbreak to 14 January 2019, a total of 658 EVD cases, including 609 confirmed and 49 probable cases (Table 1), were reported from 17 health zones in the provinces of North Kivu and Ituri (Figure 1). Twelve of these health zones reported at least one confirmed case in the last 21 days (25 December 2018 – 14 January 2019). Over this period, a total of 72 confirmed and probable cases were reported, with the majority of the cases occurring in major urban centres and towns in Katwa (33), Butembo (13), Oicha (9), Beni (4), Kalunguta (3), Komanda (3), Mabalako (2), Biena (1), Kyondo (1), Musienene (1), Vuhovi (1), and Mangurujipa (1) – a newly affected health zone. Trends in case incidence reflect the continuation of the outbreak across these geographically dispersed areas (Figure 2). The decline in case incidence in Beni has continued, with the last case reported on 1 January 2019. However, these trends must be interpreted cautiously, as delayed detection of cases is expected following recent temporary disruption in response activities. -
Mass Killings in Beni Territory: Political Violence, Cover Ups, and Cooptation
Mass Killings in Beni Territory: Political Violence, Cover Ups, and Cooptation Investigative Report No2 September 2017 CONGO RESEARCH GROUP | GROUPE D’ÉTUDE SUR LE CONGO The Congo Research Group (CRG) is an independent, non-profit research project dedicated to understanding the violence that affects millions of Congolese. We carry out rigorous research on different aspects of the conflict in the Democratic Republic of the Congo. All of our research is informed by deep historical and social knowledge of the problem at hand, and we often invest months of field research, speaking with hundreds of people to produce a report. We are based at the Center on International Cooperation at New York University and we work in collaboration with the Centre d’études politiques at the University of Kinshasa. All of our publications, blogs and podcasts are available at www.congoresearchgroup. org and www.gecongo.org. Mass Killings in Beni Territory: Political Violence, Cover Ups, and Cooptation Executive Summary 2 1. Introduction 5 2. Overview of Beni’s Mass Killings 8 The role of the ADF 11 Who was Responsible for the Killings? 13 3. Development of Beni’s Armed Politics (1980s-2010) 17 ADF/NALU’s Political Integration (1980s-1997) 18 Second Rebellion (1998-2003) 19 Post-Conflict Entangled Military Networks (2004-2010) 21 4. Mass Killings: The First Movers (2013) 29 The precursors to the massacres: ex-APC mobilization during the M23 Crisis (2012-2013) 29 Killings in Watalinga and Ruwenzor 31 5. Mass Killings in 2014-2015 38 Transitioning between waves of violence: First movers’ plans for killings (2014-2016) 39 Second movers: How the FARDC coopted existing groups 44 6. -
Mining Sites Now Under Congolese Army Control South Kivu Province
Appendix One: Mining sites now under Congolese army control South Kivu Province New # Resource Mine Controlling Comments Force 31 st FARDC -KANYOLA Walungu mines under FDLR control before 01 Gold Sector with 3 FARDC takeover. brigades -SALAMABILA Mwenga mines have long been known to be rich 32 nd FARDC -KAMITUGA in gold and were under FDLR control before 02 Gold Sector with 3 -TULAMBO FARDC takeover. brigades -KIHONVU -BUNYAKIRI 33 rd FARDC Tchivanga/Bunyakiri mostly gold mines. 03 Gold and Coltan -BYANGAMA Sector with 3 -KALEHE brigades -LEMERA 41 st FARDC Gold mines in Kabunambo not far from Sange. 04 Gold -KATOBO Sector with 3 -TULAMBO brigades 42 nd FARDC Misisi gold mines were under FDRL control -LULIMBA 05 Gold Sector with 3 before FARDC takeover -LWIKO brigades -MINEMBWE Gold mines in the Fizi area 43 rd FARDC -KILEMBWE 06 Gold Sector with 3 -BARAKA brigades -DINE Gold, -NUMBI 24 th FARDC Nyabibwe special deployment straddling South 07 Wolframite, -LUMBISHI Sector with 3 and North Kivu provinces, reporting directly to Cassiterite -NYABIBWE brigades Amani Leo HQ in Goma. -SHABUNDA 51 st FARDC Nyamarege special deployment straddling South 08 Gold -NZIBIRA Sector with 3 and North Kivu provinces, thus reporting directly -KINGULUBE brigades to Amani Leo HQ in Goma.. North Kivu Province -MANGURUJIPA Lubero contains rich gold mines. Mai-Mai Gold -KASUO Lafontaine is said to have left a major portion of -MAKOKWANDRO his men there to mine with FARDC. Timber is 11 th FARDC -VITICAN also an important resource controlled by this 09 Sector with 3 -MUHANGA brigade, in the areas of Fatua, Mbao, Eringeti. -
S/2014/181 Security Council
United Nations S/2014/181 Security Council Distr.: General 13 March 2014 Original: English Conflict-related sexual violence Report of the Secretary-General I. Introduction 1. The present report, which covers the period from January to December 2013, is submitted pursuant to paragraph 22 of Security Council resolution 2106 (2013), in which the Council requested me to submit annual reports on the implementation of resolutions 1820 (2008), 1888 (2009), 1960 (2010) and 2106 (2013) with regard to conflict-related sexual violence. The report presents information on parties to conflict credibly suspected of committing or being responsible for acts of rape and other forms of sexual violence. The term “conflict-related sexual violence” refers to rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization and any other form of sexual violence of comparable gravity perpetrated against women, men or children with a direct or indirect (temporal, geographical or causal) link to a conflict. This link to conflict may be evident in the profile of the perpetrator, the profile of the victim, the climate of impunity or State collapse, any cross-border dimensions or violations of the terms of a ceasefire agreement. While conflict- related sexual violence may be present in several contexts not mentioned in the current report, the following outlines those countries in which credible information is currently available, including situations of emerging concern. 2. The report highlights actions taken and challenges faced by States in conflict and post-conflict situations to protect women, men and children from such sexual violence; the implementation of the monitoring, analysis and reporting arrangements; the deployment of women’s protection advisers; the work of the Team of Experts on the Rule of Law and Sexual Violence in Conflict; the efforts of the United Nations system; and recommendations to strengthen efforts to combat this egregious crime.