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afrol.com, 19 October - Congo Kinshasa (DRC) has brought Belgium to the International Court of Justice (ICJ) in an attempt to block an international arrest warrant issued by a Belgian judge against the DRC's acting Minister for Foreign Affairs. In proceedings started late yesterday, the DRC asked the Court to have Belgium withdraw its arrest warrant, which was sent out in July against the Congolese acting Minister for Foreign Affairs, Yerodia Abdoulaye Ndombasi. On 11 April 2000 by a Belgian examining judge issued an international arrest warrant against Mr. Ndombasi, seeking his detention and subsequent extradition to Belgium for alleged crimes constituting "grave violations of international humanitarian law". The international arrest warrant was transmitted to all countries, including the DRC, which received it on 12 July 2000. In papers filed with the Court, the DRC states that the arrest warrant, and the Belgian law under which it was filed, constitute "a violation of the principle whereby a State may not exercise its authority on the territory of another State and the principle of sovereign equality among all members of the United Nations." In the long run, the DRC is asking the Court to annul the international arrest warrant against the Congolese official. But the DRC also filed a request for an interim injunction, known as a "provisional measure," to have the arrest warrant withdrawn while the Court considers the merits of the case. In justifying its request for the provisional measure, the DRC argues that "the disputed international arrest warrant in effect prevents the [DRC] Minister from departing that State for any other State where his duties may call him and, accordingly, from accomplishing his duties." The Belgian arrest warrant, issued by Mr. Vandermeersch, examining judge at the Brussels Tribunal de première instance, notes that "crimes of international law committed by action or omission against persons or property protected by the Geneva Conventions of 12 August 1949 and the Additional Protocols I and II to those Conventions, crimes against humanity" are applicable to a Belgian Law of 16 June 1993 as amended by the Law of 10 February 1999 pertaining to the punishment of grave violations of international humanitarian law. The Belgian Law prescribes that "the immunity conferred by a person's official capacity does not prevent application of this Law". Further, the same Law establishes the universal applicability of the Law and the universal jurisdiction of Belgian courts in relation to "grave violations of international humanitarian law", which jurisdiction is not subject to the presence of the accused on Belgian territory. A spokesman for the ICJ told the UN News Service that the Court is expected to hold hearings soon to allow both parties to present their arguments. Source: Based on ICJ
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