Institute for Migrant Rights
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Migration Jurisprudence from the South › Guinea and DR Congo

Ahmadou Sadio Diallo (Guinea v. Democratic Republic of the Congo)

International Court of Justice · Guinea and DR Congo · 2010-11-30 · International body

Citation: ICJ Reports 2010, p. 639
Type of case: Constitutional and human rights
Outcome: Decided for the migrant side

Question

Did the DRC breach the rights of a Guinean businessman by detaining and expelling him?

What the court decided

Yes. His arrest, detention and expulsion breached the ICCPR and the African Charter, and he was not told he could contact his consulate; compensation was set in 2012.

In plain language

A businessman from Guinea who had lived in Congo for 32 years was arrested and expelled after a business dispute. The International Court of Justice found Congo broke international law.

Dalam bahasa sederhana

Seorang pengusaha dari Guinea yang 32 tahun tinggal di Kongo ditangkap dan diusir setelah sengketa bisnis. Mahkamah Internasional menyatakan Kongo melanggar hukum internasional.

Pertanyaan: Apakah RD Kongo melanggar hak seorang pengusaha Guinea dengan menahan dan mengusirnya?

What happened afterwards

  • 1996: Expulsion.
  • 2010-11-30: Judgment on merits.
  • 2012-06-19: Compensation of USD 95,000 set. [Check.]

Sources

Open this decision in the interactive collection (compare, filter, Indonesian view, downloads).

Cite as: Institute for Migrant Rights (2026), Migration Jurisprudence from the South, version 0.1, https://theimr.org/court-decisions/d/icj-diallo-2010/. This page summarizes a court decision for research and advocacy; it is not legal advice.

For researchers

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The coded variables support statistical analysis in law: cross-national comparison, regression and event-history designs, and law and economics questions such as how recruitment fees, wage protection and limits on changing employer affect migrant workers. The data can be downloaded for replication.

Keywords: case law; jurisprudence; judicial decisions; comparative constitutional law; courts and migration; judicial behavior; litigation outcomes; refugee law; non-refoulement; citizenship and nationality; empirical legal studies; empirical legal scholarship; quantitative legal research; statistical analysis in law; law and economics; law and economics of migration; comparative law; socio-legal studies; legal pluralism; migration law; labor migration; migrant workers’ rights; human rights law; access to justice; Global South; Asia; Africa; Middle East; Latin America; Indonesia; open data; replication data.