The ICJ’s Non Sample Clauses

The ICJ’s Non examination in Armed Activities on the Territory of the Congo in the Armed Activities case between the DRC and Uganda, the effectiveness of governmental control and the duty of vigilance similarly formed the basis of a dispute.134 One of Uganda’s counterclaims – specifically invoking the Corfu Channel case – alleged that the DRC had supported, or at least xxxxx- 131 Corfu Channel, Dissenting Opinion of Judge Xxxxxxxxx, 55; Dissenting Opinion of Judge Xxxxxxx, 93; Dissenting Opinion of Dr. Ečer, 1949 iCJ Reports 115, at 121. 132 Corfu Channel, Separate Opinion of Judge Xxxxxxx, 44 (emphasis added). 133 At the same time, though, Xxxxxxx also argued ibid. that ‘every State is considered as having known, or as having a duty to have known, of prejudicial acts committed in parts of its territory where local authorities are installed’ (emphasis in original), which was deemed too strict of a requirement by Xxxxxx in Aktionen Privater, 252-253. 134 This complex case arose out of the armed conflict in the Great Lakes region involving multiple states. The DRC submitted three claims against Uganda: violation of the prohi- bition on the use of force and related principles; failure to respect and ensure respect for international human rights law and international humanitarian law; and looting of the DRC’s natural resources. The Court also adjudicated upon two counter-claims by Uganda, concerning the duty of vigilance, and alleged violations of the Vienna Conven- tion on Diplomatic Relations. ated, anti-Ugandan rebel groups operating in Congolese territory.135 The iCJ examined the claim divided into three time-periods due to the different factual circumstances of each, and ultimately rejected the counterclaim for all three. Of these periods, the first one is of particular interest, where the Court examined the question of support and ‘tolerance’ separately, and held the following regarding the latter: The Court has noted that, according to Uganda, the rebel groups were able to operate “unimpeded” in the border region between the DRC and Uganda “because of its mountainous terrain, its remoteness from Kinshasa (more than 1,500 km), and the almost complete absence of central government presence or authority in the region during President Xxxxxx’s 32-year term in office”. During the period under consideration both anti-Ugandan and anti-Zairean reb- el groups operated in this area. Neither Zaire nor Uganda were in a position to put an end to their activities. However, in the ...
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Related to The ICJ’s Non

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  • NOW, THEREFORE the parties hereto agree as follows:

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