the Democratic Republic of Congo. The troops were said to be in the Democratic Republic of Congo to
prevent Ugandan rebels from attacking the Ugandan territory.
25. Uganda stated in its submission that since the early 1990s the territory of the Democratic Republic of
Congo (then the Republic of Zaire) has provided sanctuary to bands of armed rebel groups. These rebel
groups, which Uganda claims support former dictator Idi Amin, have posed a significant danger for Uganda
since 1996.
26. Uganda stated that supported by both Sudan and Mobutu's government in the Democratic Republic of
Congo, these groups grew to 6,000, posing a serious security threat to Uganda and that therefore Ugandan
troops were present in the Democratic Republic of Congo in order to prevent Ugandan rebels from
attacking the Ugandan territory.
27. The submission further states that after Mobutu's overthrow in 1997, the Kabila government invited
Uganda to enter eastern Congo to work together to stop the activities of the anti-Uganda rebels and that
Ugandan armed forces remained in the Democratic Republic of Congo at the request of President Kabila
since his forces 'had no capability to exercise authority' in the remote eastern region. Uganda attached the
Protocol between the Democratic Republic of Congo and the Republic of Uganda on Security along the
Common Border to show that both sides recognised the problem of armed groups and decided to
cooperate.
28. According to Uganda, President Kabila revoked the above-mentioned agreement in August 1998 as a
new rebellion started in the Democratic Republic of Congo (when the coalition that had overthrown Mobutu
disintegrated) and blamed this 'internal rebellion', on the invasion of Uganda and Rwanda. The Democratic
Republic of Congo then started looking for allies in its struggle against the rebels and it turned to forces
hostile to the governments of Rwanda and Uganda, specifically the Allied Democratic Force and pro-Idi
Amin groups. Uganda said it therefore had no option but to keep its troops in the Democratic Republic of
Congo, in order to deal with the threat of attacks posed by these foreign-sponsored rebel groups.
29. To support its actions, Uganda cited provisions of international instruments:
1. Article 51
× Nothing in the present Charter shall impair the inherent right of individual or collective self-defence
if an armed attack occurs against a Member of the United Nations, until the Security Council has
taken measures necessary to maintain international peace and security. Measures taken by
Members in the exercise of this right of self-defence shall be immediately reported to the Security
Council and shall not in any way affect the authority and responsibility of the Security Council under
the present Charter to take at any time such action as it deems necessary in order to maintain or
restore international peace and security.
of the UN Charter;
2. Article 3
× Calls upon all States to refrain from all acts of aggression and other uses of force contrary to the
Charter of the United Nations and the Declaration on Principles of International Law concerning
Friendly Relations and Co-operation among States In accordance with the Charter of the United
Nations;
of the UN General Assembly Resolution on the Definition of Aggression;
3. The UN General Assembly Declaration of Principles of International Law Concerning Friendly
Relations and Cooperation among States; and
4. Article 23 of the African Charter.
30. In its submission, Uganda also points to the lack of evidence implicating it in the alleged human rights
violations, stating for example that, Ugandan troops have never been in some places mentioned in the
communication. The submission characterises the violations relating to HIV/AIDS as 'the most ridiculous
allegation'. Referring to the joint case against itself, Rwanda, and Burundi, Uganda claims that '[t]here is
never group responsibility for violations.' In addition, "allegations of human rights violations must be verified
by an independent body or by a fact-finding Commission". Uganda contrasts the allegations it faces with
evidence of the Democratic Republic of Congo government's involvement in violations in its eastern
provinces.
31. As for the withdrawal of Ugandan troops from the Democratic Republic of Congo, the submission relies
on the Democratic Republic of Congo's failed request to the [International Court of Justice] (ICJ) to order
the unconditional withdrawal of Ugandan troops.
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