Don't Mention the War (on Terror): Framing the Issues and Ignoring the Obvious in the ICJ's 2005 Armed Activities Decision

Posted: 14 Feb 2015

See all articles by Guy Fiti Sinclair

Guy Fiti Sinclair

Victoria University of Wellington School of Law

Date Written: 2007

Abstract

This paper argues that the 2005 Armed Activities on the Territory of the Congo decision of the International Court of Justice seems blissfully unaware of the 'war on terror' which has dominated international relations and international legal scholarship since 2001. The judgment's silence is particularly surprising in relation to three interrelated issues: pre-emptive and anticipatory self-defence, particularly in relation to non-state actors and 'failed states'; the question of whether Uganda had committed an act of aggression; and the problem of 'human rights-free zones'.

Keywords: International law, International Court of Justice, Armed Activities, Congo, Uganda, aggression, self-defence, failed states, human rights

Suggested Citation

Sinclair, Guy Fiti, Don't Mention the War (on Terror): Framing the Issues and Ignoring the Obvious in the ICJ's 2005 Armed Activities Decision (2007). Melbourne Journal of International Law, Vol. 8, 2007. Available at SSRN: https://ssrn.com/abstract=2564344

Guy Fiti Sinclair (Contact Author)

Victoria University of Wellington School of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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