Assessing reparations for international crimes: the case of Armed activities on the territory of the Congo

The judgment rendered by the International Court of Justice on 9 February 2022 in the Congo v. Uganda case is the first judgment of the Court on the issue of reparation due for damage caused by the commission of international crimes. The assessment of damage required a remarkable effort in terms of evaluating evidence and quantifying the widespread harm caused by the breaches of Uganda. The case offered the Court the occasion to rule on several crucial legal issues concerning the determination of the amount of reparation. The author carries out a detailed analysis of two main aspects arising in that regard: the causal nexus required to link the damage suffered to the wrongful acts that had been established at the merits stage and the rules governing evidence and standard of proof. The final part is devoted to the need to tailor the forms of responsibility according to the characteristics of the underlying internationally wrongful act.