Internationaal recht – Democratic Republic of the Congo V. Rwanda (genocide)

Facts

This is a case about armed activities, such as genocide, on the territory of Congo. This judgement states that the rights and obligations stated in the Convention are of an erga omnes character. However, there is a difference between the erga omnes character and the rule of consent as a base of jurisdiction.

Court of Justice

If there are rights and obligations erga omnes at issue, it does not mean that the Court automatically gains jurisdiction for that dispute. Consent of the parties concerned is always the base of jurisdiction.

The CJEU held that the German (national) rule was incompatible with Article 6 (1) of the Directive 2000/78. The mere principle that directives should not have a horizontal effect would not be a bar to this ruling. This because of the age discrimination.