The Right to Reparation of Victims of Serious Violations of International Law: The Congo v. Uganda Case

In the judgment on reparations in the case concerning Armed Activities on the Territory of the Congo ( Democratic Republic of the Congo v. Uganda ), the International Court of Justice determined the reparation owed by for mass violations of international law that caused widespread damage to a State and to persons on its territory for the very first time. The present paper aims to clarify, firstly, whether the judgment recognizes, at least in substance, that the natural persons who suffered damage as a result of Uganda's wrongful acts have a right to reparation. Secondly, it addresses the question whether the measures of reparation provided for in the judgment are 'adequate' to remedy the harm suffered by the individuals and communities concerned. As to the first point, the analysis shows that natural persons are not ultimately considered to be the holders of a right to reparation under international law. Regarding the second point, it shows that the measures adopted by the Court are not adequate to repair the damage caused to natural persons by the internationally wrongful acts of Uganda.