Hostname: page-component-5c6d5d7d68-sv6ng Total loading time: 0 Render date: 2024-08-10T09:19:59.630Z Has data issue: false hasContentIssue false

Armed Activities on the Territory of the Congo

International Court of Justice.  01 July 2000 ; 29 November 2001 ; 19 December 2005 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

War and Armed Conflict — Aggression — Prohibition of the unlawful use of force — Charter of the United Nations, Article 2(4) — Criteria for establishing whether use of force unlawful — Standard of proof — Self-defence — Armed attack — Whether actions of armed bands capable of constituting armed attack — Whether requirement of State responsibility — Proportionality — Consent to presence of foreign armed forces — Withdrawal of consent — Great Lakes region — Multiple conflicts — Lusaka Agreement — Duty of non-intervention

War and Armed Conflict — International humanitarian law — Relationship with international human rights law — Protection of civilians — Child soldiers — Responsibility of State for actions of armed forces in breach of humanitarian law

War and Armed Conflict — Belligerent occupation — Criteria for determining whether territory occupied — Duties of belligerent occupant — Hague Regulations on Land Warfare, 1907 — Natural resources — Responsibility of occupant to prevent plunder and exploitation of natural resources of occupied territory — Duty of occupant to protect population of occupied territory

Human Rights — Scope of application of human rights treaties — Application to acts of armed forces of a State outside its territory — Relationship with humanitarian law — Application in occupied territory

Economics, Trade and Finance — Natural resources — Sovereignty of State over natural resources — Occupied territory — Plunder and exploitation of natural resources in occupied territory

International Court of Justice — Provisional measures — Counter-claims — Evidence — Burden of proof — Standard of proof — Credible evidence — Remedies

State Responsibility — General principles — Responsibility of State for acts of armed forces — Responsibility for unauthorized acts by members of armed forces — Fourth Hague Convention respecting the Laws and Customs of War on Land, 1907, Article 3 — Additional Protocol I to the Geneva Conventions, 1977, Article 91 — Responsibility for acts of armed bands — Duty to make reparation

Territory — Rights and duties of territorial sovereign — Duty of vigilance to prevent use of territory for attacks on neighbouring States

Type
Case Report
Copyright
© Cambridge University Press 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)