The Democratic Republic of Congo (DRC) demanded more than 11 billion dollars from Uganda in compensation for the damage caused by its troops during the Second Congo War (1998-2003). It will ultimately have to settle for 325 million dollars (285 million euros). An amount set Wednesday, January 9 by the International Court of Justice (ICJ) to settle the dispute between the two states after years of litigation.
Kampala had been formally condemned by the highest UN court in December 2005 for violations of the principle of non-interference and of international humanitarian law during the invasion and occupation of Ituri, a mining region in eastern DRC. It remained to estimate the amount of damage. “Reparation should not be punitive, it should be compensatory”, explained the President of the ICJ, Joan Donoghue, in rendering this decision on Wednesday.
Of the total envelope, 225 million dollars will have to be allocated for ” compensate for ” rape and sexual violence – “systematic and on a large scale”, underlined the President –, the enlistment of children under 15, population displacements and the death of 10,000 to 15,000 civilians attributable to the Ugandan occupation army. For the material destruction, the magistrates fixed the damages at 40 million dollars. And 60 million for the looting of gold, coltan, diamonds, coffee, as well as for logging and the consequences on fauna, flora and certain parts of Virunga National Park.
Insufficient evidence
The judges struggled to find enough detailed evidence in the file to assess the damage twenty years after the end of the conflict. They explained that they relied on UN investigations, including the 2010 Mapping report, but reproached Kinshasa for not having provided certain documents, in particular to certify the death of 2,000 Congolese soldiers or concerning the destruction which affected State infrastructures such as the National Electricity Company.
During the hearings held in April 2021, during which the DRC had argued its claim, Uganda refused to pay the price of war damages on its own. Kampala recalled that this conflict, one “of the most complex and deadliest on the African continent”, involved at least 9 states and 21 armed groups. This fratricidal war had notably opposed Rwandans and Ugandans through interposed militias. When Kinshasa turned to the Court in 1999, its complaint also targeted Rwanda and Burundi. But the court declared itself incompetent over Kigali. And the Congolese government had finally withdrawn its charge against Burundi.
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