ICJ Diallo Merits Judgment

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Today the ICJ delivered its merits judgment in the case concerning Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo). The Court found that in carrying out the arrest, detention and expulsion of Mr. Diallo in 1995-1996, the DRC violated his fundamental rights under applicable human rights treaties, but that it did not violate his direct rights as “associé” in the companies Africom-Zaire and Africontainers-Zaire. The judgment is available here, the Court’s press release here.

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Gautam says

December 1, 2010

Of particular interest is Judge Al-Khasawneh's separate opinion, where he argues for a departure from the customary norm differentiating direct and indirect rights, and rights in interests, as evolved in Barcelona traction.

This is especially fascinating when his argument about situations where the State alleged of wrongdoing is also the State of the company, was discussed extensively during the preliminary objections phase, in the context of the ILC Articles on Diplomatic Protection.