Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda)

the International Court of Justice (ICJ or Court) rendered its Judgment on the question of reparations in Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda).This proceeding was to determine the level of compensation due under the ICJ's earlier judgment on December 19, 2005, finding Uganda in breach of its international obligations toward the Democratic Republic of the Congo (DRC).Here, the Court fixed the compensation due from Uganda to the DRC at $225,000,000 for damage to persons, $40,000,000 for damage to property, and $60,000,000 for damage related to natural resources. 1Notably, the Court rejected the DRC's request for compensation for macroeconomic consequences stemming from the invasion and occupation by Uganda-that is, for nationwide harms relating to economic deterioration, infrastructure disruption, and natural resource degradation.In doing so, the Court elaborated and seemingly elevated the standard for claiming macroeconomic damages in the future.While the Court's approach is more or less consistent with the jurisprudence of international courts and tribunals to date, it also forewent the opportunity to permit more flexibility and leniency in the evaluation of macroeconomic damages, in light of the practical challenges to presenting evidentiary support for the damages claims under the circumstances.The Judgment suggests that claimants will have a hard time recovering for macroeconomic and environmental harms going forward.The 2022 Judgment concluded a twenty-three-year-long legal dispute between the DRC and Uganda.The original proceeding was initiated in 1999 when the DRC filed an application with the Court alleging that Uganda engaged in acts of armed aggression against it.Both parties had accepted the Court's compulsory jurisdiction.In its judgment of December 19, 2005, the Court found Uganda's military activities in and against the DRC constituted an illegal use of force under Article 2(4) of the UN Charter and a 1

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• Enforcing U.S. Foreign Policy by Imposing Unilateral Secondary Sanctions

  Open Access•Patrick C R Terry•International Organisations…•2022

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