Congo Bring ICJ Action to Stop French Human Rights Prosecution

On December 9, 2002, the Republic of Congo filed a petition in the International Court of Justice (ICJ) against the French Government with respect to proceedings for crimes against humanity and torture started, among others, against the Congolese Minister of the interior, Mr. Pierre Oba. In connection with the proceeding French court has issued a warrant for testimony as a witness of the President of the Republic of the Congo, Mr. Denis Sassou Nguesso. The Congo Government argues that “in attributing to itself universal jurisdiction in criminal matters and arrogating to itself the power to prosecute and try the Minister of the Interior of a foreign State for crimes allegedly committed in connection with the exercise of his powers for the maintenance of public order in his country”, France violated “the principle that a State may not, in breach of the principle of sovereign equality among all Members of the United Nations...exercise its authority on the territory of another State”. The Congo application also contends that, in issuing a warrant for police officers to take testimony from the President of the Republic of the Congo, France violated “the criminal immunity of a foreign Head of State, an international customary rule recognized by the jurisprudence of the Court”. As a result, the Congolese Government asked the ICJ to declare that the French Republic must “cause to be annulled the measures of investigation and prosecution taken” by the French judicial officers concerned.