63. The Respondent State asserts that in this respect, it is clear that there is no
dispute in the present case. It contends that the Applicant State does not
invoke the existence of negotiations between the Parties but rather bases
its argument on statements made at multilateral fora, the conduct of the
Parties after the emergence of the dispute and the fact that it was allegedly
condemned by other States and organizations.
64. Regarding exchanges at multilateral fora, the Respondent
State
underscores that those that took place in the context of the United Nations
General Assembly do not define, with sufficient clarity, the alleged subject
matter of the dispute, nor do they relate to the alleged violation of a specific
right or obligation. The same goes for the statements made at the 52 nd
Session of the Human Rights Council. It argues that in accordance with the
ICJ judgment on preliminary objections in the matter of Application of the
International Convention on the Elimination of All Forms of Racial
Discrimination (Georgia v. Russian Federation), its silence can only
constitute proof if a request has been clearly made. It submits that the
[prevailing] circumstances require a response.
65. The Respondent State adds that the Applicant misrepresents the content of
the letter dated 10 June 2022 from the Permanent Representative of
Rwanda to the United Nations which merely expressed the latter’s concerns
about the situation. It makes the same analysis of the letter dated 14 June
2022 from the Applicant State’s Permanent Representative to the United
Nations which makes no reference to any violation of a specific right or
obligation.
66. Furthermore, as regards exchanges at multilateral fora, other than those of
the United Nations, the Respondent State underscores that the list of
communiqués and the references to consultations and meetings do not in
any way prove the existence of a dispute. It argues that the Applicant State
has not established that, during the said meetings or consultations, it
expressly opposed its allegations of violations of obligations or rights,
necessary to prove the existence of a dispute under international law. It cites
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