STATEMENT OF JURISDICTION

Case Concerning

Certain Criminal Proceedings in Adova and Rotania

TABLE OF CONTENTS

INDEX OF AUTHORITIES. 7

STATEMENT OF JURISDICTION.. 8

QUESTIONS PRESENTED.. 9

STATEMENT OF THE FACTS. 10

SUMMARY OF PLEADINGS. 15

PLEADINGS. 16

I. THE APPREHENSION AND RENDITION OF SAMARA PENZA AND OTHER ADOVAN CITIZENS WAS A VIOLATION OF ADOVA’S SOVEREIGHNTY AND IN CONTRAVENTION OF INTERNATIONAL LAW... 16

A. Extradition Must Be Exercised Only In The Presence Of Bilateral Extradition Treaty. 16

B. The Republic Of Adova Was Not Obliged To Extradite Its Citizens. 16

C. Rotania Violated The Request Procedure. 17

D. The State Of Rotania Had Violated The Sovereignty Of The Republic Of Adova. 18

E. Samara Penza And Other Adovan Citizens Are Victims Of An Offense To Human Dignity 19

F. The State Of Rotania Constituted An Act Of Aggression. 20

II. THE SUBSEQUENT DETENTION AND TREATMENT OF SAMARA PENZA AND OTHER ADOVAN CITIZENS VIOLATED INTERNATIONAL LAW... 21

A. Samara Penza And Other Adovan Citizens Were Treated In The Manner Contrary To The International Law 21

B. Actions, Committed By The State Of Rotania Constitute Torture. 21

C. The Respondent Might Not Take Measures Derogating From Their International Obligations 22

D. The Actions Of Rotania Are Contrary To The Rules Of International Law.. 22

E. Rotania May Not Justify Its Actions Referring To The Crimes Committed By Detainees. 23

F. The Republic Of Adova Did Not Commit An Act Of Aggression. 24

III. ROTANIA’S PROSECUTION OF THE DETAINED ADOVAN CITIZENS BEFORE THE ROTANIAN MILITARY COMMISSION, INCLUDING SAMARA PENZA’S PROSECUTION FOR CONSPIRACY, ARSON, AND MURDER, VIOLATES INTERNATIONAL LAW... 26

A. Crimes Committed By Samara Penza And Other Adovan Citizens Were Not War Crimes, And Thus Can Not Be Prosecuted In The Military Commission. 26

B. Rotania Should Have Granted To The Detained Adovan Citizens The Right To Have A Legal Counsel Of Their Own Choice. 27

IV. ADOVA’S EXERCISE OF JURISDICTION OVER MICHAEL KIRGOV AND GOMMEL VINITSA TO PROSECUTE THEM IN ADOVA FOR CRIMES COMMITTED AGAINST SAMARA PENZA AND OTHER ADOVAN CITIZENS IS CONSISTENT WITH INTERNATIONAL LAW... 28

A. Michael Kirgov And Gommel Vinitsa Committed Serious International Crimes, Including Crimes Against Humanity, War Crimes And Other Serious Violations Of International Humanitarian Law. 28

B. Michael Kirgov Being The Head Of Rotania And Gommel Vinitsa Being A Colonel Of Rotania Do Not Enjoy Any Immunity From The Prosecution. 28

C. Adova Possessed A Right To Exercise Jurisdiction Over Michael Kirgov And Gommel Vinitsa. 29

PRAYER FOR RELIEF. 31

INDEX OF AUTHORITIES

TREATIES AND INTERNATIONAL AGREEMENTS

EUROPEAN UNION DOCUMENTS

UNITED NATIONS DOCUMENTS

INTERNATIONAL CASES

Cases of the International Court of Justice

National Cases

BOOKS AND TREATISES

MISCELLANEOUS

STATEMENT OF JURISDICTION

Pursuant to Article 36(1) of the Statute of this Court, the Republic of Adova and the State of Rotania submit the differences between them concerning certain criminal proceedings in Adova and Rotania contained in the Compromis for the adjudication by this Court. Both Parties accepted the jurisdiction of this Court without reservation. Any Judgment will be final and binding upon the Parties, who shall execute it bona fidae.

Date: 2015-12-17; view: 623