乌干达在这个展期的时限内递交了第二次辩诉状。
The Rejoinder was filed within the time-limit as thus extended.
155. 2003年1月29日,法院发出命令,批准刚果民主共和国仅仅就乌干达提出的反要求再递交一份辩诉状,并确定2003年2月28日为递交的时限。
By an Order of 29 January 2003, the Court authorized the submission by the Democratic Republic of the Congo of an additional pleading relating solely to the counter-claims submitted by Uganda, and fixed 28 February 2003 as the time-limit for its filing.
刚果民主共和国在规定时限内递交了书面辩诉状。
That written pleading was filed within the time-limit fixed.
156. 如法院上个报告所述,法院确定在2003年11月10日开庭审讯。
As indicated in the previous report of the Court, the Court had fixed 10 November 2003 as the date for the opening of the hearings.
157. 在2003年11月5日的信中,刚果民主共和国询问审讯可否延迟至2004年4月,以使各当事方能够在平静气氛中进行外交谈判。
By a letter dated 5 November 2003, the Democratic Republic of the Congo raised the question whether the hearings might be adjourned to a later date, in April 2004, in order to enable the diplomatic negotiations engaged by the Parties to be conducted in an atmosphere of calm.
在2003年11月6日的信中,乌干达指出它支持该建议,并接受刚果的请求。
By a letter of 6 November 2003, Uganda indicated that it supported the proposal and adopted the request of the Congo.
158. 在2003年11月6日的信中,书记官通知各当事方法院根据《法院规则》第54条第1款和考虑到各当事方向它表示的意见,决定将口头诉讼延期开始,还决定不能将延期审讯的日期定于2004年4月。
By a letter dated 6 November 2003, the Registrar informed the Parties that the Court, acting under Article 54, paragraph 1, of the Rules of Court, and taking account of the representations made to it by the Parties, had decided that the opening of the oral proceedings would be postponed but had also decided that it was impossible to fix a date in April 2004 for the adjourned hearings.
由于法院已预先确定在2004年大半年中审讯和审议其他案件的日期,本案口头诉讼开始的新日期就要排在此日期之后。
As the Court's judicial calendar until well into 2004 had been adopted some time before, providing for the hearing of, and deliberation on, a number of other cases, a new date for the opening of oral proceedings in this case would have to be fixed subsequently.
159. 2005年4月11日至29日,就该案的是非曲直举行了公开审讯。
Public hearings on the merits of the case were held from 11 to 29 April 2005.
1. 乌干达共和国采取了针对刚果民主共和国的军事和准军事活动,侵占了刚果领土并向正在或曾在刚果领土上活动的非正规部队提供军事、后勤、经济及资金支助,因此违反了下列协定法和习惯法原则:
At the conclusion of those hearings the parties presented their final submissions to the Court.
- 有义务始终以和平方式解决国际争端,以确保国际和平与安全及正义免遭威胁;
For the Democratic Republic of the Congo (with respect to its claims):
- 尊重各国主权和人民自决权及在此基础上自由选择自己的政治和经济制度而不受外来干涉的权利;
“The Democratic Republic of the Congo requests the Court to adjudge and declare:
- 不干涉别国内部管辖事务,包括不向在别国领土上活动的内战任何一方提供援助的原则。
That the Republic of Uganda, by engaging in military and paramilitary activities against the Democratic Republic of the Congo, by occupying its territory and by actively extending military, logistic, economic and financial support to irregular forces operating there, and having operated there, has violated the following principles of conventional and customary law:
2. 乌干达共和国对刚果民主共和国国民施以暴行,将他们杀害和致伤或掠夺他们的财产,未有采取应有措施防止其管辖或控制的人员在刚果民主共和国境内侵犯人权,以及/或者对其管辖或控制的人员参与上述行为未有予以惩罚,因此违反了下列协定法和习惯法原则:
the principle of non-use of force in international relations, including the prohibition of aggression; the obligation to settle international disputes exclusively by peaceful means so as to ensure that international peace and security, as well as justice, are not placed in jeopardy; respect for the sovereignty of States and the rights of peoples to self-determination, and hence to choose their own political and economic system freely and without outside interference; the principle of non-interference in matters within the domestic jurisdiction of States, including refraining from extending any assistance to the parties to a civil war operating on the territory of another State.
- 协定法和习惯法的如下原则:有义务按照国际人道主义法的规定,尊重并确保尊重武装冲突时的基本人权;
That the Republic of Uganda, by committing acts of violence against nationals of the Democratic Republic of the Congo, by killing and injuring them or despoiling them of their property, by failing to take adequate measures to prevent violations of human rights in the DRC by persons under its jurisdiction or control, and/or failing to punish persons under its jurisdiction or control having engaged in the above-mentioned acts, has violated the following principles of conventional and customary law:
- 刚果国民有权享有最基本的权利,包括公民和政治权利,以及经济、社会和文化权利。
the principle of conventional and customary law imposing an obligation to respect, and ensure respect for, fundamental human rights, including in times of armed conflict, in accordance with international humanitarian law; the principle of conventional and customary law imposing an obligation, at all times, to make a distinction in an armed conflict between civilian and military objectives; the right of Congolese nationals to enjoy the most basic rights, both civil and political, as well as economic, social and cultural.
3. 乌干达共和国非法开采刚果自然资源,掠夺刚果资产及财富,未有采取应有措施防止其管辖或控制的人员非法开采刚果民主共和国境内的资源,以及/或者对其管辖或控制的人员参与上述行为未有予以惩罚,因此违反了下列协定法和习惯法原则:
That the Republic of Uganda, by engaging in the illegal exploitation of Congolese natural resources, by pillaging its assets and wealth, by failing to take adequate measures to prevent the illegal exploitation of the resources of the DRC by persons under its jurisdiction or control, and/or failing to punish persons under its jurisdiction or control having engaged in the above-mentioned acts, has violated the following principles of conventional and customary law:
- 有职责推动实现各国人民平等的原则以及自决权,并因此有职责避免导致各国人民遭受外来征服、统治和剥削;
the applicable rules of international humanitarian law; respect for the sovereignty of States, including over their natural resources; the duty to promote the realization of the principle of equality of peoples and of their right of self-determination, and consequently to refrain from exposing peoples to foreign subjugation, domination or exploitation; the principle of non-interference in matters within the domestic jurisdiction of States, including economic matters.
4. (a) 第1、2和3条所列为乌干达所犯违反国际法的不法行为,涉及乌干达的国际责任;
(a) That the violations of international law set out in submissions 1, 2 and 3 constitute wrongful acts attributable to Uganda which engage its international responsibility;
(b) 乌干达必须立即停止一切仍在继续的国际不法行为,特别是停止支持非正规部队在刚果民主共和国活动,停止对刚果财富和自然资源的掠夺;
(b) That the Republic of Uganda shall cease forthwith all continuing internationally wrongful acts, and in particular its support for irregular forces operating in the DRC and its exploitation of Congolese wealth and natural resources;
(c) 乌干达共和国必须作出具体的保证和承诺,确保不再发生上述不法行为;
(c) That the Republic of Uganda shall provide specific guarantees and assurances that it will not repeat the wrongful acts complained of;
(d) 乌干达共和国有义务向刚果民主共和国作出赔偿,赔偿前文第1、2和3条中所列乌干达违反国际法义务行为对刚果民主共和国造成的全部损害;
(d) That the Republic of Uganda is under an obligation to the Democratic Republic of the Congo to make reparation for all injury caused to the latter by the violation of the obligations imposed by international law and set out in submissions 1, 2 and 3 above;
(e) 如果当事国双方未就赔偿的性质、形式及数额达成一致,则由法院确定,法院应保留以后的程序用于这一目的。
(e) That the nature, form and amount of the reparation shall be determined by the Court, failing agreement thereon between the Parties, and that the Court shall reserve the subsequent procedure for that purpose.
5. 乌干达共和国违反了2000年7月1日法院关于临时措施的命令,即未有遵行如下临时措施:
That the Republic of Uganda has violated the Order of the Court on provisional measures of 1 July 2000, in that it has failed to comply with the following provisional measures: