Elusive Justice for Victims of the Abdoulay Yerodia International Crimes of August 1998 in the Democratic Republic of the Congo

In order to access justice, victims of human rights abuses must first find a jurisdiction that is willing to hear their case. In the Abdoulay Yerodia Ndombasi (Yerodia) case in the Democratic Republic of Congo (DRC), victims of Yerodia’s intentional crimes brought their case in Belgium because they...

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Main Author: Jean Pierre Mujyambere
Format: Article
Language:English
Published: University of Groningen Press 2020-02-01
Series:Groningen Journal of International Law
Subjects:
Online Access:https://ugp.rug.nl/GROJIL/article/view/36024
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spelling doaj-1673bb39fb7f42f4bb4a95e1c07861bf2021-08-24T12:00:52ZengUniversity of Groningen PressGroningen Journal of International Law2352-26742020-02-017216418110.21827/GroJIL.7.2.164-18125756Elusive Justice for Victims of the Abdoulay Yerodia International Crimes of August 1998 in the Democratic Republic of the CongoJean Pierre Mujyambere0University of GentIn order to access justice, victims of human rights abuses must first find a jurisdiction that is willing to hear their case. In the Abdoulay Yerodia Ndombasi (Yerodia) case in the Democratic Republic of Congo (DRC), victims of Yerodia’s intentional crimes brought their case in Belgium because they were unable to introduce it in domestic courts. Belgium launched an international arrest warrant against Yerodia who, at the time of accusation by Belgium, was Foreign Minister of the DRC. This has led to a dispute between the DRC and Belgium before the International Court of Justice (ICJ). The DRC accused Belgium of violating the diplomatic immunity of its Foreign Minister. However, the international crimes in question were committed before Yerodia became Foreign Minister of the DRC and the ICJ rendered its decision in his case after he had ceased to hold that position. Despite this, the ICJ ruled in favor of Yerodia's diplomatic immunity and consequently this decision has only protected him from criminal liability. This paper examines first the historical background of the discrimination of Yerodia’s victims to support the claim that they cannot access justice in the DRC. It also argues that the ICJ’s decision in this case has only contributed to shielding Yerodia from justice rather than preserving smooth operation of the DRC’s diplomatic activities abroad. Finally, this paper suggests that the ICJ’sdecision in this case has closed the doors to victims in their endeavors to access justice.https://ugp.rug.nl/GROJIL/article/view/36024victimsinternational crimesyerodiademocratic republic of congotutsiinternational court of justice
collection DOAJ
language English
format Article
sources DOAJ
author Jean Pierre Mujyambere
spellingShingle Jean Pierre Mujyambere
Elusive Justice for Victims of the Abdoulay Yerodia International Crimes of August 1998 in the Democratic Republic of the Congo
Groningen Journal of International Law
victims
international crimes
yerodia
democratic republic of congo
tutsi
international court of justice
author_facet Jean Pierre Mujyambere
author_sort Jean Pierre Mujyambere
title Elusive Justice for Victims of the Abdoulay Yerodia International Crimes of August 1998 in the Democratic Republic of the Congo
title_short Elusive Justice for Victims of the Abdoulay Yerodia International Crimes of August 1998 in the Democratic Republic of the Congo
title_full Elusive Justice for Victims of the Abdoulay Yerodia International Crimes of August 1998 in the Democratic Republic of the Congo
title_fullStr Elusive Justice for Victims of the Abdoulay Yerodia International Crimes of August 1998 in the Democratic Republic of the Congo
title_full_unstemmed Elusive Justice for Victims of the Abdoulay Yerodia International Crimes of August 1998 in the Democratic Republic of the Congo
title_sort elusive justice for victims of the abdoulay yerodia international crimes of august 1998 in the democratic republic of the congo
publisher University of Groningen Press
series Groningen Journal of International Law
issn 2352-2674
publishDate 2020-02-01
description In order to access justice, victims of human rights abuses must first find a jurisdiction that is willing to hear their case. In the Abdoulay Yerodia Ndombasi (Yerodia) case in the Democratic Republic of Congo (DRC), victims of Yerodia’s intentional crimes brought their case in Belgium because they were unable to introduce it in domestic courts. Belgium launched an international arrest warrant against Yerodia who, at the time of accusation by Belgium, was Foreign Minister of the DRC. This has led to a dispute between the DRC and Belgium before the International Court of Justice (ICJ). The DRC accused Belgium of violating the diplomatic immunity of its Foreign Minister. However, the international crimes in question were committed before Yerodia became Foreign Minister of the DRC and the ICJ rendered its decision in his case after he had ceased to hold that position. Despite this, the ICJ ruled in favor of Yerodia's diplomatic immunity and consequently this decision has only protected him from criminal liability. This paper examines first the historical background of the discrimination of Yerodia’s victims to support the claim that they cannot access justice in the DRC. It also argues that the ICJ’s decision in this case has only contributed to shielding Yerodia from justice rather than preserving smooth operation of the DRC’s diplomatic activities abroad. Finally, this paper suggests that the ICJ’sdecision in this case has closed the doors to victims in their endeavors to access justice.
topic victims
international crimes
yerodia
democratic republic of congo
tutsi
international court of justice
url https://ugp.rug.nl/GROJIL/article/view/36024
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