ICJ—prohibition against the use of force—self-defense under Article 51 of the UN Charter—duty of vigilance—IHR and IHL under belligerent occupation

2007 ◽  
Vol 101 (1) ◽  
pp. 142-149 ◽  
Author(s):  
Daniel Bodansky ◽  
James Thuo Gathii
Keyword(s):  
Democratic Republic ◽  
Use Of Force ◽  
Armed Forces ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
International Court Of Justice ◽  
Self Defense ◽  
Court Of Justice ◽  
International Court ◽  
Republic Of The Congo

Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda). At <http://www.icj-cij.org>.International Court of Justice, December 19, 2005.In its December 19, 2005, judgment in Armed Activities on the Territory of the Congo v. Uganda (Democratic Republic of the Congo v. Uganda), the International Court of Justice (ICJ) found Uganda to have engaged in grave violations of the prohibition on the use of force and of its international humanitarian and human rights obligations during its occupation of Congelese territory. The Court also found that the Democratic Republic of the Congo (DRC) had violated the Vienna Convention on Diplomatic Relations for its treatment of Ugandan diplomats and also for the destruction of their diplomatic premises and the associated archives and records.The train of events leading to this case originated in May 1997 with President Laurent-Desire Kabila's deposition of Zairean dictator Mobutu-Ssese Seko. Having come to power with Ugandan and Rwandese military assistance, Kabila was unsuccessful in his effort to remove Ugandan and Rwandese troops from the DRC (paras. 48–50). The DRC alleged that in August 1998, Ugandan armed forces invaded (para. 29) and then captured and occupied Congolese towns and territory in defiance of Kabila's decision that Ugandan and Rwandese forces should leave the DRC (para. 29–31). Further, the DRC contended that Uganda recruited, funded, trained, equipped, and supplied armed Congolese groups opposed to the Kabila government (para. 32).

II. Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda): Provisional Measures

2001 ◽  
Vol 50 (3) ◽  
pp. 662-670 ◽  
Author(s):  
Malcolm D. Evans ◽  
Dino Kritsiotis
Keyword(s):  
International Relations ◽  
International Law ◽  
Armed Conflict ◽  
Democratic Republic ◽  
Use Of Force ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Republic Of The Congo ◽  
Judicial Remedies

It might be thought an unusual or peculiar feature of international relations that, on occasion, States engaged in an armed conflict decide to appeal to international law and institutions for the provision of immediate judicial remedies.2 Yet, within the short space of 14 months, the International Court of Justice has twice found itself on the receiving end of such requests: in the first of these cases, the Federal Republic of Yugoslavia (FRY) filed an application on 29 April 1999 against 10 Member States of NATO for using armed force against the FRY in March 1999. At the same time, the FRY made a request for provisional measures, in which it asked the Court to indicate that the States involved “cease immediately [their] acts of use of force” and “refrain from any act of threat or use of force” against the FRY.3 In June 1999 the Court dismissed this request.4

Final Clauses

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
United Nations ◽  
Secretary General ◽  
The Other ◽  
General Assembly ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Article 50

This chapter looks into Articles 48 to 53 of the Vienna Convention on Diplomatic Relations. Article 48 states that the Convention shall be open for signature by all States Members of the UN or any of the specialized agencies or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention. Article 49 on the other hand states that the present Convention is subject to ratification, while Article 50 expresses that the Convention shall remain open for accession by any State. Article 51 enumerates the date of the enforcement of the ratifications submitted to the UN, and Article 52 states that the Secretary-General shall inform all States the deposit of instruments of ratification and the date of enforcement. Lastly, Article 53 states that the original texts of the Convention shall be deposited with the Secretary-General, who shall send certified copies thereof to all States.

The 2002 Judicial Activity of the International Court of Justice

2003 ◽  
Vol 97 (2) ◽  
pp. 352-364 ◽  
Author(s):  
John R. Crook
Keyword(s):  
International Law ◽  
Democratic Republic ◽  
Foreign Minister ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Boundary Disputes ◽  
International Court ◽  
Republic Of The Congo ◽  
Boundary Issues

During 2002, countries from all regions, especially Africa, resorted to the International Court of Justice; only one of the Court's 2002 judgments involved an OECD countiy. The Court's work during the year also shows the continued importance of boundary issues for states and for the Court.The Court again completed a substantial program of work, resolving three cases with final judgments. In February, it triggered substantial controversy by finding that a Belgian court's warrant for the arrest of the then foreign minister of the Democratic Republic of the Congo (“Congo”) violated international law. In October, it resolved a complex of boundary disputes between Cameroon and Nigeria, although by year-end Nigeria had not yet implemented the Court's key requirement—withdrawal from the Bakassi Peninsula. In December, comparing sparse effectivités, it concluded that Malaysia, and not Indonesia, had sovereignty over two small disputed islands.

scholarly journals Critical remarks on the International Court of Justice’s interpretation of Article 3(g) of the “Definition of Aggression”(UNGA Resolution 3314/1974)

2018 ◽  
Vol 14 (1) ◽  
pp. 99-122 ◽  
Author(s):  
Taciano Scheidt Zimmermann
Keyword(s):  
Democratic Republic ◽  
Case Law ◽  
General Assembly ◽  
International Court Of Justice ◽  
Serbia And Montenegro ◽  
Court Of Justice ◽  
International Court ◽  
Republic Of The Congo ◽  
International Responsibility ◽  
Definition Of

Abstract The purpose of this paper is to examine whether and to what extent the Article 3(g) of the General Assembly Definition of Aggression (Resolution 3314/1974 XXIX) can be interpreted using the case-law of the International Court of Justice. Three judgments delivered by the Court are analyzed: Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) and Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro). Special attention is given to the connection between international norms on the use of force and the law of international responsibility, as well as to the meaning and status attributed by the Court to the expressions “sending” and “substantial involvement,” both present in Article 3(g).

The 2005 Judicial Activity of the International Court of Justice

2006 ◽  
Vol 100 (3) ◽  
pp. 629-649 ◽  
Author(s):  
Stephen Mathias
Keyword(s):  
Democratic Republic ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Republic Of The Congo

In 2005, the International Court of Justice issued three judgments.l In February, the Court upheld an objection to its jurisdiction in Certain Property (Liechtenstein v. Germany). In July, a chamber of the Court issued its judgment on the merits in Frontier Dispute (Benin/Niger). In December, the full Court issued its judgment on the merits in Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda).

The Recommendations Made by the International Court of Justice

2007 ◽  
Vol 56 (1) ◽  
pp. 185-198 ◽  
Author(s):  
Jean D' Aspremont
Keyword(s):  
United Nations ◽  
Democratic Republic ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
Republic Of The Congo ◽  
The United Nations

Any observer of the practice of the International Court of Justice (hereafter the ICJ or the Court) may have noticed the growing tendency of the United Nations judicial body to formulate recommendations to the parties that have appeared before it. Indeed, the Court is more and more inclined to recommend that the parties allay their dispute and alleviate all ensuing human sufferings. This leaning is particularly observable when the Court simultaneously dismisses a request for the indication of provisional measures. For instance, in the recent order rendered by the Court in the case concerning the Armed Activities on the Territory of Congo (Democratic Republic of the Congo v Rwanda), the Court made the following declaration:

II. Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of the Congo v Rwanda) Provisional Measures, Order of 1 July 2002

2003 ◽  
Vol 52 (3) ◽  
pp. 782-787
Author(s):  
Malcom D Evans ◽  
Chester Brown
Keyword(s):  
Human Rights ◽  
Democratic Republic ◽  
Prima Facie ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Republic Of The Congo ◽  
History Of

Since 1998, a war has ravaged one of Africa's largest countries, the Democratic Republic of the Congo (‘DRC’). Africa's ‘Great War’ is said to have involved nine national armies and an unknown number of militia groups, and has reportedly claimed more lives than any other in the last four years. Estimates of the death toll range from 3 to 3.5 million. On 28 May 2002, the DRC instituted proceedings before the International Court of Justice (‘the Court’) against Rwanda alleging ‘massive, serious and flagrant violations of human rights and international humanitarian law’, and requested certain provisional measures.2 On 10 July 2002, the Court rejected the DRC’s request for provisional measures, as it considered that it did not have prima facie jurisdiction to determine the merits of the case.3 However, the Court also rejected Rwanda's request that the case be removed from the list, as the Court considered that its lack of jurisdiction was not ‘manifest’.4 This note reviews the history of the conflict and the litigation, before considering the DRC's request for provisional measures and the grounds of jurisdiction upon which it sought to rely. The Order is then analysed, and this note concludes that the Court was right to reject the DRC's request, but it should have gone further and removed the case from the list.

Immunities and Criminal Proceedings; (Equatorial Guinea v. France)

2021 ◽  
Vol 191 ◽  
pp. 219-373
Keyword(s):  
International Law ◽  
Customary Law ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
International Court Of Justice ◽  
State Immunity ◽  
Optional Protocol ◽  
Court Of Justice ◽  
International Court ◽  
Settlement Of Disputes

International Court of Justice — Provisional measures — Diplomatic relations — Immunity of State officials and State property — Prima facie jurisdiction — United Nations Convention on Transnational Organized Crime, 2000 (“Palermo Convention”) — Optional Protocol to Vienna Convention on Diplomatic Relations concerning the Compulsory Settlement of Disputes, 1961 — Plausibility — Article 22 of Vienna Convention on Diplomatic Relations, 1961 — Inviolability of diplomatic premises — Whether building located at 42 Avenue Foch could plausibly be regarded as housing diplomatic mission of Equatorial Guinea — Irreparable prejudice — Urgency — Link between provisional measures requested and rights sought to be protected International Court of Justice — Jurisdiction — Palermo Convention — Whether references to customary international law incorporate those rules of customary law into the Convention — Sovereign equality of States — Whether dispute regarding alleged breach of customary law principle within jurisdiction of the Court under the Palermo Convention — Vienna Convention on Diplomatic Relations, Optional Protocol — Dispute regarding status of buildings claimed as premises of diplomatic mission International Court of Justice — Admissibility — Abuse of process — Abuse of rights — Whether reasons not to exercise jurisdiction under Optional Protocol to the Vienna Convention on Diplomatic Relations — Matter for preliminary objections — Whether exceptional circumstances existing — Whether Application inadmissible on that basis — Abuse of rights — Whether ground of inadmissibility when establishment of rights claimed properly a matter for merits Treaties — Palermo Convention — Subject matter of dispute — Procedural preconditions to Court’s jurisdiction under Article 35(2) of Palermo Convention — Scope of jurisdiction ratione materiae under Palermo Convention — Article 4 of Palermo Convention — Incorporation of customary rules of international law on State immunity by reference to principles of sovereign equality, territorial integrity and non-intervention in internal affairs of other States — Alleged overextension of jurisdiction by France in implementing provisions of Palermo Convention 220Diplomatic relations — Vienna Convention on Diplomatic Relations, 1961 — Optional Protocol to Vienna Convention on Diplomatic Relations concerning the Compulsory Settlement of Disputes, 1961 — Subject matter of dispute — Procedural preconditions to Court’s jurisdiction under Articles II and III of Optional Protocol — Meaning of “premises of the mission” under Article 1(i) of Vienna Convention — Whether definition of “premises of the mission” falling within scope ratione materiae of Vienna Convention — Whether a dispute concerning inviolability of the building at 42 Avenue Foch State immunity — Jurisdictional immunity — Head of State immunity — Vice-President of State accused of misappropriation of funds and money laundering by authorities of another State — Whether entitled to immunity — Basis for any claim to immunity — Customary international law — Whether incorporated into Palermo Convention

Sign in / Sign up

Export Citation Format

Share Document