The New Decision Of The International Court Of Justice Related To The Congo And Uganda Disputes

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Fatemeh Ahmadi , Atefeh Amininia


In traditional international law, if the rebels were able to capture a significant part of the country, the third state should no longer assist any of the parties to the conflict, And if the conflict escalated to the level of conflict, that is, the degree of control of the rebels over the country reached the same level as the control of the government or even beyond it, and this situation was recognized by foreign countries, Then the third government could intervene at the request of any of the parties to the conflict. Contemporary international law has adopted a different approach in the light of the provisions of the United Nations Charter. On the one hand, the Institute of International Law, in the resolution of 1975, prohibited any kind of intervention by foreign countries in internal conflicts and assistance to the parties to the conflict, But on the other hand, in the case of Nicaragua, the International Court of Justice, by distinguishing between the government and the rebel group, recognized the government as having the right to invite foreign countries to intervene, And he considered helping the rebel group to be contrary to the military activities in the territory of the Congo, the provisions of international law and the principle of prohibition of intervention. In the case, the court once again emphasized on its previous practice. In the African continent, there have been many cases of border tensions since the past. The water border conflict between Uganda and the Democratic Republic of the Congo is one such case where the main dispute is over the water border area in Lake Albert. This issue has caused insecurity in the border areas on both sides of this lake, Therefore, in this article, the new decision of the International Court of Justice related to the disputes between Congo and Uganda was discussed Various reasons can be listed for the occurrence of conflict and tension in the water border areas between Uganda and the Democratic Republic of Congo around Lake Albert, That The most important of which include ten main causes and factors in various aspects of identity, governance, history, border drawing, changing the course of the river, environment, etc, Finally, the recent decision of the court in the matter of compensation between Congo and Uganda is considered the most detailed decision of the court in the field of compensation.

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