Chapter

Joint Separate Opinion of Judge Higgins, Judge Kooijmans, Judge Elaraby, Judge Owada, and Judge Simma Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of the Congo v Rwanda), Jurisdiction and Admissibility, Judgment

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0097
Joint Separate Opinion of Judge Higgins, Judge Kooijmans, Judge Elaraby, Judge Owada, and Judge Simma Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of the Congo v Rwanda), Jurisdiction and Admissibility, Judgment

Show Summary Details

Preview

In its order of July 10, 2002, in the case examined in this chapter, the International Court of Justice did not limit itself to recalling the fact that the Congo had not objected to Rwanda’s reservations. It sought also briefly to respond to various other arguments made by the Congo including the claim that such a reservation was contrary to the object and purpose of the Genocide Convention. It is a matter for serious concern that at the beginning of the 21st century it is still for states to choose whether they consent to the Court adjudicating claims that they have committed genocide. It must be regarded as a very grave matter that a state should be in a position to shield from international judicial scrutiny any claim that might be made against it concerning genocide. This chapter goes into detail giving an opinion on the case.

Keywords: International Court of Justice; genocide; Rwanda; Congo; Genocide Convention; claims

Chapter.  3393 words. 

Subjects: Public International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.