to establish the supply of arms, ammunition and uniforms to the said armed
group.32
169. In the light of the foregoing, the involvement of the RDF, in the conflict
between M23 and FARDC is established. It is also established that the said
involvement had an impact on the hostilities carried out. The Court also finds
that the Respondent State is involved in the conflict between M23 and the
Applicant State while the Applicant State is involved through FARDC
making the armed conflict an international armed conflict.
170. Consequently, the Court declares that the exercise by the Respondent State
of its extraterritorial jurisdiction cannot be contested. In the circumstances,
the Court dismisses the objection regarding lack of territorial jurisdiction and
confirms its jurisdiction accordingly.
171. Accordingly, the Court holds that it has territorial jurisdiction to hear the
present Application.
B. Other aspects of jurisdiction
172. The Court notes that its personal and temporal jurisdiction are not in dispute.
Nevertheless, under Rule 49(1) of the Rules, it must ensure that all aspects
of its jurisdiction are satisfied before continuing to examine the Application.
173. With regard to personal jurisdiction, the Court notes that this being an interState matter, both the Applicant State and the Respondent State are Parties
to the Protocol. The Court therefore finds that it has personal jurisdiction to
hear the present Application.
174. As regards temporal jurisdiction, the Court notes that the facts relating to
the alleged violations are said to have occurred from November 2021, that
32 Summary of midterm report.
41