국제사법재판소(ICJ)의 ‘콩고령 군사활동 사건’ 판결의 국제법적 쟁점

On December 19, 2005, the International Court of Justice (ICJ) condemned that Uganda violated the prohibition of use of force in the territory of the Democratic Republic of the Congo, as well as international humanitarian and human rights law. In addition, the Court upheld one of the counter-claims of Uganda, which the DRC had failed to provide effective protection to the Uganda Embassy and diplomats, and illegally seized property of the Uganda embassy. Although this judgment is mainly limited to disputes arising between the DRC and Uganda, it is hardly a simple incident. Because it is based on the complex situation of international and non-international armed conflict in the Great Lakes Region, which has been going on since the long-term dictatorship of Mobutu in Zaire, the predecessor of the DRC. Therefore, the court faced the difficulties of considering multiple aspects of the conflict, such as establishing its shifting alliances in the Great Lakes Region, major actors, massive violations of international humanitarian and human rights law based on such historical and political context. In the course of the proceedings, both parties have provided sufficient evidence to prove to the Court that the other country violated international law. Nevertheless, various criticisms have been raised as to whether the legal principles applied by the court were appropriate, especially based on an accurate assessment of all the facts. In this paper, I arranged the various international legal issues that were at issue in this case and examined whether the court's instructions were appropriate for each issue. The case has not been settled since the 2005 judgment. Nevertheless, this judgment serves as a barometer of the present and future of international law on the use of force in the international community, as it deals with the broadest issues of the ICJ's history of using force in the international community.