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

International Court of Justice

2007 I.C.J. 582 (2007)

Relevant factsFree

Guinea (plaintiff) sought to exercise diplomatic protection on behalf of Diallo, a Guinean national who had lived in the Democratic Republic of the Congo (DRC) (defendant) for over thirty years before being expelled without judicial process, allegedly after trying to recover money owed to him by DRC-owned companies and after his investments and property were expropriated. Because diplomatic protection requires the individual to be a national of the protecting state and to have exhausted local remedies (or shown he could not), the Court had to resolve those threshold questions before reaching the merits.

IssueFree

Whether an individual must exhaust all available local remedies, or show exceptional circumstances preventing him from doing so, before his home state may exercise diplomatic protection on his behalf.

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