I tend to agree with you. I do think that the common sense "don't be a dick" shouldn't need to be explicitly expressed as a rule we all follow. But it should also be common sense not to put your hands near a spinning metal blade, but we have those warnings on lawnmowers. I think where a CoC provides it value is defining the procedures for when the CoC is violated, which it no doubt will be.
In this context I'm implying CoC do not "prevent" nor the lack thereof causes bad behavior.
This BTW seems to get to the crux of what half of his decision was about. If he thinks CoC are worthless, that is not the same thing as believe abuse should be a common occurrence.