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The Legality Of The Use Of Force In The Recent Case Law Of The International Court Of Justice

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Chapter Summary

The statements of the International Court of Justice (ICJ) have been widely commented upon and have also been criticized as being unrealistic or unduly restrictive. The criticism concerned in particular to the distinction made between an outright armed attack entitling to the use of force in individual and collective self-defence, and illegal acts which do not amount to such an armed attack but nevertheless involve a use of force. The Court eventually found that the incidents invoked by the US, even if taken cumulatively, and reserving the question of Iranian responsibility, did not constitute an armed attack on the USA, qualified in the Nicaragua case as a "most grave" form of the use of force. Uganda had claimed that the Democratic Republic of the Congo (DRC) had actively supported Ugandan rebel forces present on Congolese territory and carrying out attacks against Ugandan targets.

Keywords: armed attack; Democratic Republic of the Congo (DRC); International Court of Justice (ICJ); Nicaragua case; Uganda



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