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Armed Activities on the Territory of the Congo, Congo, the Democratic Republic of the v Uganda, Judgment, Merits, ICJ GL No 116, [2005] ICJ Rep 168, ICGJ 31 (ICJ 2005), 19th December 2005, International Court of Justice [ICJ]



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Whether Ugandan military presence and action on the border regions of eastern Congo was an act of self-defence, was consented to by the Democratic Republic of the Congo (‘DRC’), or was an unlawful military intervention constituting a violation of the prohibition on use of force expressed in Article 2(4) of the Charter of the United Nations.

Whether and to what extent Uganda was an occupying power within areas of the DRC, and if so, what obligations attached to Uganda as an occupying power.

Whether the Court was precluded from adjudicating on whether Uganda's conduct in Kisangani was a violation of international law without the presence of Rwanda, despite the fact that the interests of Rwanda did not constitute ‘the very subject–matter’ of the decision to be rendered by the Court.

Whether Uganda was responsible for international human rights and humanitarian law violations and illegal exploitation of natural resources during its military presence within the DRC, and if so, what the legal consequences were.

Whether Uganda's counter–claims regarding the alleged support of anti–Ugandan rebel groups by the DRC and its predecessor, Zaire, were admissible given the long duration between the occurring events and the claim.

Whether the DRC violated the Vienna Convention on Diplomatic Relations when it entered a Ugandan embassy and mistreated Ugandan diplomats and nationals on its premises, and if so, what the legal consequences were.

Keywords: Aggression; Armed conflict; Armed conflict, international; Diplomatic relations; Human rights; International humanitarian law; International humanitarian law, principle of distinction; International humanitarian law, protected persons and property; Natural resources; Occupation; Self-defence; Sovereignty; Treaties, breach; Use of force

Legal Material.  90424 words. 

Subjects: Human Rights ; Public International Law ; International Law ; Law

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