Critically assess the rights and obligations of states concerning the use of force

Critically assess the rights and obligations of states concerning the use of force

Using the Case Concerning Armed Activities on the Territory of the Congo (DRC v Uganda), critically assess the rights and obligations of states concerning the use of force.

The international community is a complex socio-economic and political system

comprising of sovereign states with diverse interests and abilities. These states are

bound together by an unavoidable inherent interdependence which necessitates the

need to relate cordially just like individual citizens within a functional nation-state. The

international legal system regulates interactions between and among sovereign states

within the international system. This critical legal system which is mainly an offspring of

international treaties that followed the devastating world wars fought during 20 th century

seeks to protect the interests and rights of sovereign states that make up the

international community. These interests include the desire of states to safeguard their

sovereignty, territorial integrity, non-interference in their internal affairs and the right of

states to self-determination and self-defense against external attack among others. This

task is a critical assessment of rights and obligations of states concerning the use of

force in the light of the Case Concerning Armed Activities on the Territory of the Congo

(DRC v Uganda) 2005 I.C.J. (Dec. 19).

The concept of right of individual and collective self-defense

The United Nations Organization (UN) was formed in 1945 after the end of the

devastating Second World War that left hundred thousands of people dead and millions

displaced in order to prevent occurrence of war of similar magnitude in future. Since

then this international organization which is seen by some as a forerunner to a world

government is charged with the fundamental function of maintaining international peace

and security through execution of international law and its concomitant principles enshrined in the United Nations Charter. As a rule, mainly due to the high cost and

adverse social, economical and political results of armed activities or war, UN insists on

peaceful resolution of the inevitable disagreements and differences between and among

states, as well as, between factions within politically unstable countries.


 

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