II. Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of the Congo v Rwanda) Provisional Measures, Order of 1 July 2002

Since 1998, a war has ravaged one of Africa's largest countries, the Democratic Republic of the Congo (‘DRC’). Africa's ‘Great War’ is said to have involved nine national armies and an unknown number of militia groups, and has reportedly claimed more lives than any other in the last four years. Estimates of the death toll range from 3 to 3.5 million. On 28 May 2002, the DRC instituted proceedings before the International Court of Justice (‘the Court’) against Rwanda alleging ‘massive, serious and flagrant violations of human rights and international humanitarian law’, and requested certain provisional measures.2 On 10 July 2002, the Court rejected the DRC’s request for provisional measures, as it considered that it did not have prima facie jurisdiction to determine the merits of the case.3 However, the Court also rejected Rwanda's request that the case be removed from the list, as the Court considered that its lack of jurisdiction was not ‘manifest’.4 This note reviews the history of the conflict and the litigation, before considering the DRC's request for provisional measures and the grounds of jurisdiction upon which it sought to rely. The Order is then analysed, and this note concludes that the Court was right to reject the DRC's request, but it should have gone further and removed the case from the list.