Case report (free download)
Case Report by Isabella CannatÓ, Editor Ignacio Torterola
The case Ahmadou Sadio Diallo concerns a claim of diplomatic protection brought by the Republic of Guinea ("Guinea") against the Democratic Republic of Congo ("DRC") before the International Court of Justice ("ICJ", "the Court"). Guinea alleged that the DRC had violated the rights of Mr. Ahmadou Sadio Diallo, a Guinean citizen, by arresting and subsequently expelling him from its territory. The ICJ decided on the violation of Mr. Diallo's rights as an individual and as a shareholder in two Congolese companies. This case summary will only refer to the discussion on Mr. Diallo's rights as a shareholder.
On 3 October 2002, the DRC raised timely preliminary objections in respect of the admissibility of Guinea's application. The DRC alleged that Guinea lacked standing to exercise diplomatic protection, since its application sought to protect the rights of two Congolese companies; and that, in any event, neither the companies nor Mr. Diallo had exhausted local remedies. The Court rejected the argument on the failure to exhaust local remedies and admitted Guinea's application insofar as it concerned Mr. Diallo's direct rights as a shareholder, and not the rights of the companies.
On the merits, the Court found the DRC responsible for the violation of various provisions of international human rights treaties and of the 1963 Convention on Consular Relations. The Court found no violation of Mr. Diallo's rights as shareholder. On 19 June 2012, the Court decided on the compensation owed by the DRC to Guinea. This was the second time the ICJ decided on damages, and the first time it decided on damages in a case dealing with human rights violations.
diplomatic protection, diplomatic protection of shareholders, diplomatic protection "by substitution", rights of shareholders, protection of investors under general international law.
Case report provided by International Arbitration Case Law (IACL)