Case Concerning Armed Activities on the Territory of the Congo, or The Democratic Republic of the Congo v. Uganda (2005): Self-Defense and the Duty of Vigilance as Ineffective Tools of Resolution in Customary International Law

Abstract Upon review of complex ethnic conflict over the past century in the Great Lakes region, the 2005 Opinion of the Case Concerning Armed Activities on the Territory of the Congo does not properly acknowledge the conflict's complexity, and thus fails in applying customary international law to the allegations under dispute. Both concepts of self-defense and the violation of the duty of vigilance are found particularly restrictive, and their application by the ICJ does not recognize realities. The thesis is laid out to provide context for the dispute, followed by consideration of the historical circumstances that shaped the ethnic, political, and economic reality of the Second Congo War. Finally the paper will begin an inquiry into self-defense and the duty of vigilance as unequipped legal concepts to consider the atypical conflict. I. Introduction II. The Dispute: The Second Congo War III. Overview of Case Concerning Armed Activities on the Territory of the Congo IV. Lack of Recognition for Historical Background V. Contentious Handlings of Concepts of International Law a. Self-Defense: Questionable Criteria b. Breaches of International Obligations: Duty of Vigilance in Armed Activities VI. Conclusion