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I. | Substantive International Law - First Part |
8. | VIOLATIONS OF INTERNATIONAL LAW AND RESPONSIBILITY OF STATES |
8.1. | General Questions |
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Case Concerning Armed Activities
on the Territory of the Congo
(New Application: 2002)
(Democratic Republic of the Congo v. Rwanda)
Request for the Indication of Provisional Measures
Order of 10 July 2002
[p. 249-250] 92. Whereas there is
a fundamental distinction between the question of the
acceptance by a State of the Courts jurisdiction and
the compatibility of particular acts with international
law; the former requires consent; the latter question
can only be reached when the Court deals with the merits
after having established its jurisdiction and having
heard full legal arguments by both parties;
93. Whereas, whether or not States accept
the jurisdiction of the Court, they remain in any event
responsible for acts attributable to them that violate
international law; whereas in particular they are required
to fulfil their obligations under the United Nations
Charter; whereas the Court cannot but note in this
respect that the Security Council has adopted a great
number of resolutions concerning the situation in the
region, in particular resolutions 1234 (1999), 1291
(2000), 1304 (2000), 1316 (2000), 1323 (2000), 1332
(2000), 1341 (2001), 1355 (2001), 1376 (2001), 1399
(2002) and 1417 (2002); whereas the Security Council
has demanded on many occasions that all the parties
to the conflict put an ... end to violations of human
rights and international humanitarian law; and whereas
it has inter alia reminded all parties of their
obligations with respect to the security of civilian
populations under the Fourth Geneva Convention relative
to the Protection of Civilian Persons in Time of War
of 12 August 1949, and added that all forces present
on the territory of the Democratic Republic of the
Congo are responsible for preventing violations of
international humanitarian law in the territory under
their control; whereas the Court wishes to stress
the necessity for the Parties to these proceedings
to use their influence to prevent the repeated grave
violations of human rights and international humanitarian
law which have been observed even recently;