Abdoulaye Yerodia Ndombasi
Encyclopedia
Abdoulaye Yerodia Ndombasi (born 15 January 1933) is a high official in the current government of the Democratic Republic of the Congo
which was led first by Laurent-Désiré Kabila
and now by his son, Joseph Kabila
. He was foreign minister
under Laurent from March 14, 1999 until late 2000. In 2003 he became one of the four vice-presidents of Congo under the transitional government as mandated by a peace settlement with rebel groups and opposition parties, after having been nominated in April of that year by Joseph Kabila, as the vice-president representing the Kabila government.
(ICJ). In 1998, Yerodia publicly encouraged the Congolese population to kill members of a rebellion against the government, primarily ethnic Tutsis. In response, the Kingdom of Belgium issued an international arrest warrant
based on a new Belgian law (known as the Belgian Universal Jurisdiction Law, since repealed) allowing Belgian courts to prosecute international crimes, charging Yerodia with inciting genocide. The Democratic Republic of the Congo
responded by filing an application against Belgium to the ICJ, claiming that Belgium did not have jurisdiction and that Yerodia, as foreign minister enjoyed diplomatic immunity
. This case, known as the Warrant Case, was decided in Congo's favor. During the proceedings of the case, the Congo dropped its jurisdiction arguments and the case was decided solely on Yerodia's diplomatic immunity as foreign minister. However, some human rights
groups saw this decision as a blow to universal jurisdiction
.
Democratic Republic of the Congo
The Democratic Republic of the Congo is a state located in Central Africa. It is the second largest country in Africa by area and the eleventh largest in the world...
which was led first by Laurent-Désiré Kabila
Laurent-Désiré Kabila
Laurent-Désiré Kabila was President of the Democratic Republic of the Congo from May 17, 1997, when he overthrew Mobutu Sese Seko, until his assassination by his bodyguards on January 18, 2001...
and now by his son, Joseph Kabila
Joseph Kabila
Joseph Kabila Kabange is a Congolese politician who has been President of the Democratic Republic of the Congo since January 2001. He took office ten days after the assassination of his father, President Laurent-Désiré Kabila...
. He was foreign minister
Foreign minister
A Minister of Foreign Affairs, or foreign minister, is a cabinet minister who helps form the foreign policy of a sovereign state. The foreign minister is often regarded as the most senior ministerial position below that of the head of government . It is often granted to the deputy prime minister in...
under Laurent from March 14, 1999 until late 2000. In 2003 he became one of the four vice-presidents of Congo under the transitional government as mandated by a peace settlement with rebel groups and opposition parties, after having been nominated in April of that year by Joseph Kabila, as the vice-president representing the Kabila government.
The Arrest Warrant Case (Congo vs. Belgium)
Yerodia was involved in a precedent-setting case by the International Court of JusticeInternational Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
(ICJ). In 1998, Yerodia publicly encouraged the Congolese population to kill members of a rebellion against the government, primarily ethnic Tutsis. In response, the Kingdom of Belgium issued an international arrest warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
based on a new Belgian law (known as the Belgian Universal Jurisdiction Law, since repealed) allowing Belgian courts to prosecute international crimes, charging Yerodia with inciting genocide. The Democratic Republic of the Congo
Democratic Republic of the Congo
The Democratic Republic of the Congo is a state located in Central Africa. It is the second largest country in Africa by area and the eleventh largest in the world...
responded by filing an application against Belgium to the ICJ, claiming that Belgium did not have jurisdiction and that Yerodia, as foreign minister enjoyed diplomatic immunity
Diplomatic immunity
Diplomatic immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws...
. This case, known as the Warrant Case, was decided in Congo's favor. During the proceedings of the case, the Congo dropped its jurisdiction arguments and the case was decided solely on Yerodia's diplomatic immunity as foreign minister. However, some human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
groups saw this decision as a blow to universal jurisdiction
Universal jurisdiction
Universal jurisdiction or universality principle is a principle in public international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other...
.