The disputes concerning the Armed Activities on the Territory of the Congo raised important issues relating to the relationships between the Security Council and the International Court of Justice, by re-proposing, in a highly dramatic context, some of the problems already seen in the so called Lockerbie Case. Even in relation to such disputes the involvement of the ICJ has been preceded by some initiatives taken by other UN organs, in particular by the Security Council acting under Chapter VII, in order to settle the crisis. Moreover, a further source of interest lies in the fact that the problem at issue was raised during an ongoing armed conflict of extreme gravity. Such a conflict can undoubtedly be considered as a sheer “regional” war: in fact, not only it has caused a dramatic escalation of violence among several ethnic groups fighting against each other in the Great Lake region, but it has also determined the participation of the neighbouring States in the hostilities. After a

The disputes concerning the Armed Activities on the Territory of the Congo raised important issues relating to the relationships between the Security Council and the International Court of Justice, by re-proposing, in a highly dramatic context, some of the problems already seen in the so called Lockerbie Case. Even in relation to such disputes the involvement of the ICJ has been preceded by some initiatives taken by other UN organs, in particular by the Security Council acting under Chapter VII, in order to settle the crisis. Moreover, a further source of interest lies in the fact that the problem at issue was raised during an ongoing armed conflict of extreme gravity. Such a conflict can undoubtedly be considered as a sheer “regional” war: in fact, not only it has caused a dramatic escalation of violence among several ethnic groups fighting against each other in the Great Lake region, but it has also determined the participation of the neighbouring States in the hostilities. After a short illustration of the origins and the evolution of the conflict in the DRC and a brief description of the initiatives which were assumed by the United Nations, and especially by the Security Council, in coordination with the regional organizations directly involved into the crisis, this article carefully analyzes the way the ICJ treated the disputes in order to clarify the issue of the relationship between the Court and the Security Council. At least two main criticisms may be raised on the ICJ order on Armed Activities on the Territory of the Congo (DRC v. Uganda): by confirming its reticence to deal with questions concerning its relationships with the Security Council, the Court lost a chance to clarify its point of view with regard to the criteria and the rules to be applied in the interpretation of SC resolutions. In fact, while the Court has often discussed the content and the nature of the rules which governed treaty interpretation, it has never considered the issue of the identification of the principles which regulate the exegesis of Security Council acts so far. Moreover, the decision leaves another fundamental question completely unsolved, namely: could the judges have indicated the measures requested by the Applicant if the interpretation of ris. 1304 (2000) claimed by Uganda had been found correct? The second criticism concerns the specific solution that has been reached by the Court. The DRC expressly requested the Court to provide adequate and effective measures with a view to settling the dispute. Instead the Court indicated measures which were generic and stated that both the DRC and Uganda must take all necessary measures to comply with UN Security Council Resolution 1304 (2000). This was problematic because that resolution was interpreted differently by the disputing States. Thus the likelihood of effective implementation of the order highly decreased.

Le ordinanze sulle Attività armate sul territorio del Congo alla luce dei rapporti tra la Corte internazionale di Giustizia e il Consiglio di sicurezza delle Nazioni Unite / Papa, MARIA IRENE. - In: LA COMUNITÀ INTERNAZIONALE. - ISSN 0010-5066. - STAMPA. - (2002), pp. 535-592.

Le ordinanze sulle Attività armate sul territorio del Congo alla luce dei rapporti tra la Corte internazionale di Giustizia e il Consiglio di sicurezza delle Nazioni Unite

PAPA, MARIA IRENE
2002

Abstract

The disputes concerning the Armed Activities on the Territory of the Congo raised important issues relating to the relationships between the Security Council and the International Court of Justice, by re-proposing, in a highly dramatic context, some of the problems already seen in the so called Lockerbie Case. Even in relation to such disputes the involvement of the ICJ has been preceded by some initiatives taken by other UN organs, in particular by the Security Council acting under Chapter VII, in order to settle the crisis. Moreover, a further source of interest lies in the fact that the problem at issue was raised during an ongoing armed conflict of extreme gravity. Such a conflict can undoubtedly be considered as a sheer “regional” war: in fact, not only it has caused a dramatic escalation of violence among several ethnic groups fighting against each other in the Great Lake region, but it has also determined the participation of the neighbouring States in the hostilities. After a
2002
The disputes concerning the Armed Activities on the Territory of the Congo raised important issues relating to the relationships between the Security Council and the International Court of Justice, by re-proposing, in a highly dramatic context, some of the problems already seen in the so called Lockerbie Case. Even in relation to such disputes the involvement of the ICJ has been preceded by some initiatives taken by other UN organs, in particular by the Security Council acting under Chapter VII, in order to settle the crisis. Moreover, a further source of interest lies in the fact that the problem at issue was raised during an ongoing armed conflict of extreme gravity. Such a conflict can undoubtedly be considered as a sheer “regional” war: in fact, not only it has caused a dramatic escalation of violence among several ethnic groups fighting against each other in the Great Lake region, but it has also determined the participation of the neighbouring States in the hostilities. After a short illustration of the origins and the evolution of the conflict in the DRC and a brief description of the initiatives which were assumed by the United Nations, and especially by the Security Council, in coordination with the regional organizations directly involved into the crisis, this article carefully analyzes the way the ICJ treated the disputes in order to clarify the issue of the relationship between the Court and the Security Council. At least two main criticisms may be raised on the ICJ order on Armed Activities on the Territory of the Congo (DRC v. Uganda): by confirming its reticence to deal with questions concerning its relationships with the Security Council, the Court lost a chance to clarify its point of view with regard to the criteria and the rules to be applied in the interpretation of SC resolutions. In fact, while the Court has often discussed the content and the nature of the rules which governed treaty interpretation, it has never considered the issue of the identification of the principles which regulate the exegesis of Security Council acts so far. Moreover, the decision leaves another fundamental question completely unsolved, namely: could the judges have indicated the measures requested by the Applicant if the interpretation of ris. 1304 (2000) claimed by Uganda had been found correct? The second criticism concerns the specific solution that has been reached by the Court. The DRC expressly requested the Court to provide adequate and effective measures with a view to settling the dispute. Instead the Court indicated measures which were generic and stated that both the DRC and Uganda must take all necessary measures to comply with UN Security Council Resolution 1304 (2000). This was problematic because that resolution was interpreted differently by the disputing States. Thus the likelihood of effective implementation of the order highly decreased.
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Le ordinanze sulle Attività armate sul territorio del Congo alla luce dei rapporti tra la Corte internazionale di Giustizia e il Consiglio di sicurezza delle Nazioni Unite / Papa, MARIA IRENE. - In: LA COMUNITÀ INTERNAZIONALE. - ISSN 0010-5066. - STAMPA. - (2002), pp. 535-592.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11573/759425
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