2000

ICJ

Case concerning the arrest warrant of 11 April 2000 Congo v Belgium Provisional Measures

11 April 2000 Belgian judge issued an arrest warrant against Yerodia Ndombasi at that time Congo’s minister of foreign affairs, seeking detention for extradition under charges of crimes against humanitarian law. 17 October 2000 Congo instituted proceedings v Belgium 20 November 2000 oral hearing for PM 21 November 2000 Yerodia was no longer Ministry of foreign affairs. Congo based jurisdiction on Belgium optional clause declaration and the application of the case itself made by Congo. Congo asked as PM that Belgium discharged the international arrest warrant issued

Whereas, notwithstanding a certain lack of precision in the terms whereby, in its application, the Congo set out the bases on which it sought to found jurisdiction (declaration under optional clause by Belgium 1958 and Zaire 1989) so the court concludes that the declarations constitute prima facie a basis on which its jurisdiction could be founded in the present case, and whereas such jurisdiction can not be excluded solely by reasons of negotiations referred by Belgium Whereas Yerodia ceased to exercise function of Minister of Foreign Affairs, and it has not been established that irreparable prejudice might be caused in the immediate future of Congo’s Rights, not the degree of urgency is such that those rights need to be protected by the indication of provisional measures.