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UN court orders Uganda to pay DR Congo €285 million in war damages

The UN's top court has ordered Uganda to pay the Democratic Republic of Congo 285 million euros over a war two decades ago. The sum represents just a fraction of what Kinshasa originally demanded. 

Soldiers of the 65th battalion of the (UPDF) Uganda People Defence Force arrive in the town of Benni in the Democratic Republic of Congo (DRC) 28 September 2001, the nearest town from the Ugandan border. The battalion, the one before last to leave, started its journey by foot, withdrawing from Bafwasende, north-east DRC, 27 September 2001.
Soldiers of the 65th battalion of the (UPDF) Uganda People Defence Force arrive in the town of Benni in the Democratic Republic of Congo (DRC) 28 September 2001, the nearest town from the Ugandan border. The battalion, the one before last to leave, started its journey by foot, withdrawing from Bafwasende, north-east DRC, 27 September 2001. AFP - PETER BUSOMOKE
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The ruling by the International Court of Justice (ICJ) on Wednesday comes as a blow to DR Congo after it sought a massive 9.6 billion euros in reparations over the devastating conflict that lasted from 1998 to 2003.

Judges said Kinshasa had failed to prove its African neighbour was directly responsible for any more than 15,000 of the hundreds of thousands of people believed to have died in the war.

"The court sets out the total amount of compensation awarded to the DRC, which is 325 million US dollars," said Joan Donoghue, the chief judge of the Hague-based court.

Breaking down the figure, the court said Uganda must pay 197 million euros for damage to persons, including deaths, injuries and sexual violence, and 35 million euros for damage to property.

It must also pay 52.5 million euros for damage to natural resources, including the looting of the metallic ore coltan, for deforestation, and the destruction of wildlife.

The judgment ends a long legal battle. In 2005 the ICJ ruled that Uganda had to pay reparations, but the two countries never settled on an amount and no money was ever paid.

Kinshasa then claimed more than 9.6 billion euros for the occupation of its volatile northeastern Ituri region.

'Wrongful acts'

Awarding DR Congo less than one-thirtieth of what it had demanded, the court acknowledged that Uganda was to blame for a "significant part" of the casualties in the war due to its "wrongful international acts".

But judges said there was "insufficient evidence to support the DRC's claim of 180,000 civilian deaths for which Uganda owes reparation" by being directly responsible.

"The court considers that the evidence presented to it suggests that the number of deaths for which Uganda owes reparations falls in the range of 10,000 to 15,000 persons," said Donoghue.

It relied on UN figures and expert reports for its figures, adding fhat "detailed proof of specific events that have occurred in a devastating war in remote areas almost two decades ago is not available".

The International Court of Justice in The Hague, The Netherlands.
The International Court of Justice in The Hague, The Netherlands. © Wikimedia Commons

At its height, the conflict drew in nine African countries, with Uganda and Rwanda backing rebel forces against the Kinshasa government as they jostled for control of the mineral-rich Ituri region.

Uganda's representatives rejected what they called "staggering" demands for the claim, telling the court last year that the 11 billion US dollars claimed by DR Congo was "disproportionate and economically ruinous".

"It essentially seeks to make Uganda responsible for everything that happened in the conflict," Uganda's Attorney General William Byaruhanga told the court.

Founded after World War II, the ICJ in The Hague rules in disputes between countries, mainly based on treaties. Its decisions are final and cannot be appealed.

Currently Congolese and Ugandan troops are back in the region, but this time in an unprecedented offensive against the Allied Democratic Forces, the region's deadliest militia, which the Islamic State group calls its affiliate.

In the latest suspected ADF rebel attack, three people were killed last Saturday in the Beni territory in neighbouring North Kivu province.

(With agencies)

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