Reparations for armed conflict related atrocities in inter-state proceedings: The Armed Activities (drc v Uganda) Judgment on Reparations and Its Legacy

On 9 February 2022, the International Court of Justice (icj) delivered its Reparations Judgment in the Armed Activities (drc v Uganda) case, concluding a landmark dispute arising from the Second Congo War. This decision represents the icj’s most complex reparations ruling to date, addressing large-scale harm and significant evidentiary challenges. This contribution critically examines the Judgment’s legal findings and broader implications. It begins with the Court’s approach to causation and the burden of proof, analysed through the lens of state responsibility in situations involving multiple responsible actors. It then examines the establishment and valuation of damage, critiquing the doctrinal and normative underpinnings of the Court’s ‘global sums’ approach. The discussion further interrogates the Court’s ambivalence in determining reparation beneficiaries, highlighting discrepancies between individual rights under international law and state-centred frameworks of responsibility. Additionally, it evaluates the underdeveloped rules governing the modalities of payment, emphasising their significant distributive consequences. The contribution argues that the law of state responsibility requires reparations to accurately reflect the wrongdoer’s responsibility and address victims’ harm. However, institutional and evidentiary limitations can distort outcomes in cases involving mass claims arising from armed conflict. While the Judgment advances reparations discourse, this contribution cautions against overgeneralisation.