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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Congo/Uganda Case: A Comment on the Main Legal Issues
Author:Ntoubandi, Faustin Z.ISNI
Periodical:African Human Rights Law Journal
Geographic terms:Congo (Democratic Republic of)
Subjects:military occupation
international law
International Court of Justice
international relations
Law, Human Rights and Violence
Politics and Government
Miscellaneous (i.e. Demography, Refugees, Sports)
Abstract:The judgment handed down by the International Court of Justice on 19 December 2005 in the Case concerning Armed Activities on the Territory of the Congo: Democratic Republic of the Congo v Uganda addresses a number of international law issues. These include the legality of the use of force under the Charter of the United Nations, the issue of belligerent occupation and its corresponding international human rights and humanitarian obligations as contained in a multitude of international law instruments, the issue of the illegal exploitation of natural resources by an occupying power, that of diplomatic protection under the 1961 Vienna Convention on Diplomatic Relations, and finally, the legal consequences that flow from the violation of international obligations by a particular State. The article reviews the substance of the petition filed by the DRC, the factual and legal bases of the DRC's claims and of Uganda's counterclaims, the legal findings of the ICJ, as well as its reasoning and final decisions. Notes, ref., sum. [Journal abstract]