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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

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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…

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
ContributorsSandground, Lauren Amanda (Author) / Fellmeth, Aaron (Thesis director) / Rothenberg, Daniel (Committee member) / Barrett, The Honors College (Contributor) / School of Humanities, Arts, and Cultural Studies (Contributor) / School of International Letters and Cultures (Contributor) / School of Social Transformation (Contributor) / School of Politics and Global Studies (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2014-05
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Indigenous Advocacy and Gender Mainstreaming: Challenges and Recommendations for Women, Peace, and Security Practitioners

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Women, Peace, and Security (WPS) practitioners (including policymakers, scholars, and nonprofit leaders) in the U.S. and Canada have often focused their attention on the United Nations’ WPS initiative as a strategy for responding to conflicts abroad, particularly in the Global South. As a result of these limitations, black, Latino, and…

Women, Peace, and Security (WPS) practitioners (including policymakers, scholars, and nonprofit leaders) in the U.S. and Canada have often focused their attention on the United Nations’ WPS initiative as a strategy for responding to conflicts abroad, particularly in the Global South. As a result of these limitations, black, Latino, and Indigenous advocates and peacebuilders in the U.S. and Canada remain largely unable to take advantage of WPS frameworks and resources. The subjectivity of the term “conflict” and the range of circumstances where it is used inspire this research. The selective application of the word “conflict” is itself a challenge to security, for conflicts can only be addressed once they are acknowledged and so named. Where does WPS intersect with contemporary Indigenous advocacy? A case study of the #noDAPL movement and the ways that nonviolence and women’s leadership emerged at Standing Rock, ND in 2016 provide a partial answer. Four challenges and recommendations are offered to WPS practitioners who seek to expand the availability of WPS resources to Indigenous peoples in the U.S. and Canada. These challenges and recommendations draw upon existing National Action Plans, legal and policy documents, and data from four interviews conducted with Indigenous women advocates in the U.S. and Canada in 2019. Above all, this paper seeks to encourage WPS practitioners to move beyond “gender mainstreaming” to consider not only how policies and practices impact women and men differently, but also how they may impact Indigenous people and settlers differently.
ContributorsMarques de Mesquita, Carolina (Author) / Lomawaima, K Tsianina (Thesis director) / O'Connor, Brendan (Committee member) / School of International Letters and Cultures (Contributor) / School of Politics and Global Studies (Contributor) / School of Social Transformation (Contributor) / Department of English (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05