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Declaration of Judge A.A. Cançado Trindade in the Case of A.S. Diallo (Guinea versus D.R. Congo, Order of 20.09.2011)

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Chapter Summary

The situation which the Court has just faced before delivering the present Order is far from satisfactory, and the Order itself can hardly be seen as entirely satisfactory either: although it amounts to a step conducive to a decision on reparations in the present case of Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of Congo), yet a decision to that effect is, once again, postponed by the Court. The Court, being the master of its own jurisdiction, in the present circumstances of the Diallo case could, and should, have proceeded ex officio, sponte sua, to the determination of the reparations due to Mr. A.S. Diallo. The Court is the master also of its own procedure, and unreasonable prolongation of time limits for the performance of procedural acts to comply with obligations under international law is to be curtailed and avoided.

Keywords: Ahmadou Sadio Diallo; Congo; Guinea; international law; timelimits



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