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STATEMENT OF JURISDICTION

The State of Ardenia (Applicant) and the State of Rigalia (Respondent) submit the Special Agreement (Compromis) concluded on 5 May 2010 to this Court as provided byArticle 40(1) of the Statute of the International Court of Justice.This Special Agreement (Compromis) includes the differencesbetween the states concerning the Zetian Provinces.

Regarding Article 3(a) of the Compromis, the Applicant and the Respondent request the Court to adjudge the dispute in accordance with the rules and principles of international law, including any applicable treaties.


QUESTIONS PRESENTED

The State of Rigalia, asks the Honourable Court:

I. Whether Rigalia’s Predator Drone strikes against Zetian terrorists in Rigalia and Ardenia do not infringe provisions of international law, and whether the Court has prerogative to order ceasing of the drone attacks;

II. Whether Rigalia has any obligations towards Ardenia regarding the attack on the Bakchar Valley hospital and whether its act was a part of a legitimate and proportionate operation to defend against Zetian terrorists;

III. Whether Rigalia’s limited "Mavazi ban" is consistent with international law;

IV. Whether Ardenia breaches of the OECD Convention on Combating Bribery of Foreign Public Officials, and Ardenian NCP violates the OECD Decision on MNE Guidelines.


STATEMENT OF FACTS

The state of Rigalia is a developing country that comprises two distinct ethnic groups: Rigalians and Zetians. Rigalians constitute 65% of Rigalia’s population and Zetians form 35%. For many years Rigalia has been involved in border conflicts with several of its neighbors. Most ethnic Rigalians have historically lived in the Rigalian cities, including the capital, Rigaliaville. The majority of Rigalia’s ethnic Zetian population resides in the northern region of the country, composed of three large provinces – Moria, Tritar and Sirana (the Northern Provinces). The vast reserves of columbite - tantalite (coltan), Rigalia’s most important natural resource, are located in this Northern region of the country, largely governed by tribal councils.

In accordance with Zetian religious beliefs women and girls over the age of 14 are coerced by the tribal councils to wear a "Mavazi”, traditional full veiling attire posing the terrorist danger because identification of a person becomes troublesome as Mavazi to covers their faces. For the refusal to wear the garment women are forced to leave the Northern Provinces or, if they remain and are caught, their punishment is home confinement or receiving lashes in public. In Rigalia Zetian women get married at the age of 8 or 9 in spite of official marriageable age and are not allowed to drive and have paid work. The Rigalian authorities tried to legitimate Rigalia’s marriage and enforce anti-discrimination laws in the Northern region, but their attempts were ineffective.

The State of Rigalia is bounded on the north by the State of Ardenia. It is inhabited by different ethnic groups though about 90% of the Ardenia Southern Provinces’s population are Zetians. The position of Zetian women in Ardenia is the same as in Rigalia. Moreover there is no official marriageable age in Ardenia. The State of Ardenia is a decentralized state. Zetians in the Southern Provinces have substantial autonomy and establish their own provincial laws. The national government has jurisdiction over only national issues. In contrast Rigalia is the centralized state not recognizing tribal council rules. In Rigalia all individuals are obliged to follow the Rigalian law. In 1924 Ardenia and Rigalia entered into an agreement. Pursuant to this agreement Zetians became the citizens of both countries and gained all citizenship rights.



For many years the Zetian Democratic Party (ZDP) called all Zetians for secession from the Rigalia and for creation of an independent Zetian State composed of the Northern Rigalian and the Southern Ardenian provinces. Ardenian Zetians have not been politically active and just hold Rigalian Zetians’ views. In 1994 Leo Bikra, the director of RRI, the Rigalian state-run company, hold tender for a five-year exploration contract for the Moria Mine, large coltan mine, situated in the Northern Provinces of Rigalia. In 1997 Mineral Dynamics Incorporated (MDI), an Ardenian state-owned corporation was chosen as a winning bidder.

MDI provided support to the Zetian Refugees Fund (ZRF), charity organization granting aid to all Zetians and founded by Leo Bikra’s nephew, Clyde Zangara. In addition the ZRF is suspect of supporting the ZDP secession ideology. In 2002 RRI and MDI extended the Moria Mine contract for another 10 years. Therefore the media reported that the contract was renewed because MDI offered support to ZRF and gave bribe to Clyde Zangara. They also stated that transporters for MDI paid unregulated fees to members of the provincial tribal councils in the Northern Provinces to protect delivery and minefield.

On May 5, 2008 the tribal councils of the Northern Provinces created a Manifesto calling for the independence of the Zetian provinces, for increased profit from mining activity and for respect for their culture. In response the President of Rigalia, Teemu Khutai stated that he wanted to exterminate Zetian tribal culture. Dissatisfied with his statements Zetians organized fighting and protests in both countries. In Rigalia in reply to these actions arrests of protesters and ZDP members began. In response president Khutai introduced a bill into Parliament banning wearing Mavazi in public or receiving public services while wearing this attire, having called it a symbol of the subjugation of women and a threat to public safety. The Ardenian government, led by President Glenda Arwen, showed respect to Zetian culture and agreed to grant Zetians the kind of autonomy.

By that time ZDP members began acts of violence in Rigalia to get full independence from the Rigalia. They organized a series of acts of terrorism killing a lot of people. One of the terrorists was a man in Mavazi. The International Loan Syndicate Association (ILSA) gave information about the meetings of Rigalian Zetians held in Ardenia. On March 15, 2009, the Rigalian Daily Monitor reported that President Arwen hold a meeting and concluded an agreement with Zetian leaders. President Khutai called it betrayal of Ardenia and declared the war on Zetian separatists and their supporters. The "Mavazi ban" was also adopted by the Rigalian Parliament.

In Rigalia the investigation into the allegations of bribery by MDI was opened and the evidence was received. Leo Bikra was suspended from office. On April 30, 2009, Rigalia sent a request for mutual legal assistance (MLA) to Ardenia, asking to launch bribery inquiry. Ardenia began an inquiry but did not respond to Rigalia’s MLA request. Then it stated that the Ardenian legislation did not allow the authorities to access required information and later the investigation was closed. On July 1, 2009, the Committee for Responsible Business Conduct (CRBC), made a complaint to the Ardenian National Contact Point (NCP) against MDI and RRI for violation of the MNE Guidelines. Ardenian NCP refused to examine the complaint and ignored the CRBC’s request to organize meeting.

President Khutai requested assistance from his ally, the President of Morgania, Sophia Ratko, which interests was also affected by the Zetian situation. Morgania agreed to deploy its Predator Drones, unmanned aerial vehicles, operated by members of the Morganian army in Morganville. These Drones were located on Morganian military base within Rigalia’s territory. Predator Drones’s attacks killed a lot of separatists not excluding civilians. On March 15, 2010, a Predator Drone strike killed Adar Bermal, a prominent leader of the ZDP. The Bakchar Valley public hospital, that had beds for 300 people, was situated near the Bermal’s home and was also attacked. According to the incident report the drone operator saw a red cross on the hospital but during a missile launch he was distracted by the informer’s call although the Rigalia’s defense minister instructed the Morgania to "avoid unnecessary and disproportionate" military operations. Ardenia immediately lodged a protest with Rigalia and criticized the using of Predator Drones on the international press-conference.

On March 22, 2010, the Security Council of the United Nations called Ardenia and Rigalia for a peaceful settlement of dispute. On March 28, 2010, President Arwen sent a diplomatic note to President Khutai, but this diplomatic initiative was not successful. On April 25, 2010, the negotiation between diplomats from Ardenia and Rigalia began. In three days an agreement was not reached and Ardenia decided to bring the matter to the International Court of Justice. Both the Rigalia and Ardenia accepted jurisdiction of the Court and furthermore Morgania was not recognized as a party in the case in spite of Rigalia’s objections.



Date: 2015-12-17; view: 884


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