Rantanian strikes violated Aprophian sovereignty

It is a stated fact that Rantanian air forces under the command of Rantanian national Otaz Brewscha inflicted strikes on the territory of Aprophe. And these strikes resulted not only in the destruction of military objects, but also in human casualties and non-military buildings damages.[43] These attacks took place in Aprophe without latter permission, and it follows the violation of generally recognized principles of international law. It should me mentioned that basic norms of international law strictly guard such complex concept as sovereignty.

Declaration on the Inadmissibility of Intervention states that “every state possesses sovereignty….and territorial integrity.”[44] Nevertheless Rantania found it possible to carry out air strikes on Aprophe’s territory which means that Respondent failed to honor the mentioned provision. In addition, this air attacks were the result of Respondent’s condemnation of Applicant’s internal and external policy and its political system.

The Court has already taken a common stand in deciding questions concerning the violation of territorial sovereignty. For instance, in Nicaragua v. United States of America case, USA was condemned for the breach of sovereignty “for directing or authorizing over flights of Nicaraguan territory.”[45] And following the logic applied in this case even direction of Air Forces on Aprophian territory should result in Rantania’s conviction. Therefore air strikes in the context of Operation Uniting for Democracy constitute a gross violation of Aprophe’s sovereignty.

4) Rantania’s actions are inconsistent with the Peace Agreement.

Among the obligations of the UN member both parties lie under an obligation to perform their duty in accordance with the Peace Agreement between Rantania and Aprophe. The primary provision of this treaty clearly states that all hostilities between the parties ended when this agreement entered into the legal force.[46] As it was mentioned above Rantania's actions amount to an unlawful use of force against Aprophe. Therefore, the air strikes in the context of Operation Uniting for Democracy constitute a flagrant breach of an obligation to maintain peace between Rantania and Aprophe. Furthermore, such illegal use of force contravenes of the principle of good faith which governs the performance of legal obligations.[47] There is no evidence that abovementioned Agreement was disputed before the conflict hence it should be honored by the parties at the start of Operation Uniting for Democracy. For this reason Rantanian attacks violate not only principles of international law but also the treaty obligations under the Peace Agreemnt of 1965.

III. The exercising of jurisdiction by the Rantanian court presents the violation of Aprophe’s sovereignty and is in contradiction with the rules of international law

The decision of the trial court of the Republic of Rantania should be considered as the violation of the rules of international law. Firstly Rantania has violated the Aprophe’s sovereignty. Secondly Rantania committed an infringement of Aprophe’s immunity from the jurisdiction of foreign courts. Moreover the exercising of jurisdiction by the Rantanian courts present the intolerable transgression of the obligations assumed by Respondent in accordance with the Peace Agreement of 1965.

1. The decision of the Rantanian court constitutes the violation of Aprophe’s immunity from the jurisdiction of foreign courts

Date: 2015-12-17; view: 721