Chapter VI. DRC v. Uganda: Th E Applicability of International Humanitarian Law and Human Rights Law in Occupied Territories

Abstract

On December 19, 2005, the ICJ delivered its judgment in the Armed Activities on the Territory of the Congo case between the Democratic Republic of Congo and Uganda ( DRC v. Uganda ). The Court condemned Uganda for unlawful use of force and for violations of IHL and human rights law. This chapter examines the possible thresholds for application of international humanitarian law (IHL) on belligerent occupation on the one hand and international human rights law on the other hand as well as the possible interplay between the two groups of norms in relation to occupied territories. It first summaries the Court?s ruling in DRC v. Uganda . It then examines the Court?s interpretation of the concept of ?occupation? in IHL. The chapter turns to the extraterritorial applicability of human rights instruments in occupied territories. It also focuses on the interplay of IHL and human rights norms in terms of normative content. Keywords: DRC v. Uganda ; extraterritorial; human rights law (HRL); International Court of Justice (ICJ); international humanitarian law (IHL); occupied territories