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Armed Activities on the Territory of the Congo
Published online by Cambridge University Press: 01 January 2021
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
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