On 9 January 2024 the Republic of Djibouti filed an Application in the Registry of the International Court of Justice (ICJ) regarding a dispute with France. In the application, Djibouti alleges that France violated “international obligations in respect of mutual assistance in criminal matters” in regards to the investigation into the death of the French judge Bernard Borrel in Djibouti in 1995.[1] Specifically, Djibouti's application to the Court refers to “the refusal by the French governmental and judicial authorities to execute an international letter rogatory regarding the transmission to the judicial authorities in Djibouti of the record relating to the investigation in the ‘Case against X for the murder of Bernard Borrel.’”[2] Djibouti alleges this refusal is a violation of two treaties: 1) the Treaty of Friendship and Cooperation signed by Djibouti and France in 1977, and 2) the Convention on Mutual Assistance in Criminal Matters signed by Djibouti and France in 1986.
In the application, Djibouti bases the ICJ's jurisdiction over the dispute on Article 38, paragraph 5, of the Rules of the Court.[3] Article 38, paragraph 5, states:
"When the applicant State proposes to found the jurisdiction of the Court upon a consent thereto yet to be given or manifested by the State against which such application is made, the application shall be transmitted to that State. It shall not however be entered in the General List, nor any action be taken in the proceedings, unless and until the State against which such application is made consents to the Court’s jurisdiction for the purposes of the case."[3]
Accordingly, the ICJ transmitted the Application by Djibouti to France, and the ICJ will await France's consent to the ICJ's jurisdiction over the dispute before taking further action.
[1] International Court of Justice, "The Republic of Djibouti seises the International Court of Justice of a dispute with France," 2006/1, Jan. 10, 2006, available at http://www.icj-cij.org/icjwww/ipresscom/ipress2006/ipresscom2006-01_dft_20060110.htm.
[2] Id.
[3] International Court of Justice, Rules of Court (1978), July 1, 1978, available at http://www.icj-cij.org/icjwww/ibasicdocuments/ibasictext/ibasicrulesofcourt_20050929.htm.
