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À. Andler government could not speak on behalf of Aprophe, since it doesn’t meet criteria of legitimacy, and Greem government meet them.

The Court is without jurisdiction over the Applicant’s claims, since the Andler regime and its representatives cannot appear before this court in the name of the Republic of Aprophe

 

 

À. Andler government could not speak on behalf of Aprophe, since it doesn’t meet criteria of legitimacy, and Greem government meet them.

Stefan Talmon in his work “Who is a legitimate government in exile? Towards normative criteria for governmental legitimacy in international law”, in Guy Goodwin-Gill/Stefan Talmon (eds.), The Reality of International Law identifies the following criteria of the government’s legitimacy:

(1) State,

Green’s government is not an international law subject in the full sense, it represents another subject – The Republic of Aprophe, and is the keeper of its sovereignty.[1]

State, represented by Green’s government, is not an autonomous entity in another state.[2]

 

(2) representative character,

A poll conducted by the Aprophian Office for National Statistics in November 2010 indicated that 55% of Aprophians considered the policies of Mig Green’s government to be “very good” or “good” and that 60% approved of the government’s efforts to join the ENI..[3]

Several parliamentarians belonging to Green’s party also fled to Rantania. Forty Aprophian Ambassadors, including the Permanent Representatives to the United Nations and to the Kingdom of the Netherlands, renounced Andler and declared their allegiance to Green.[4]

Approximately 800 members of thearmy’s National Homeland Brigade, based in outlying regions, remained loyal to Green and established bases in two villages in the north of Aprophe.[5]

Several hundred civilian supporters of Green migrated to those villages, under the protection of the pro-Green forces.[6]

These facts confirm that the Green’s Government acts for the people Eprofa, represents its will, that testifies to representative character of the government [7], and realized people’s will.[8]

 

(3) independence,

Green’s government not just as the subsidiary organ or subordinate[9] body of another State`s government, and represents independent formation.

An Applicant can declare, that Green’s government is not legitimate, because it’s unable to effectively control the territory of Aprophe. To this it should be noted, that in the case of governments in exile effective control over territory is not a necessary condition of legitimacy.[10]

‘It may be recalled that when many countries were subjected to foreign aggression or occupation during the Second World War, the international community recognized the Governments in exile as the true representatives of the national interests of those countries, rather than the régimes which controlled the territories.’[11]

 

(4) internationally illegality of the government in situ.

 

1. Andler’s government is not elected, took power by extra-constitutional way.

 

A fortiori any direct or indirect actions aimed at overthrowing a government by force, including incitement to overthrow or support it, are one of the most serious forms of misconduct.[12]



That evening, army units loyal to Andler forcibly entered the Presidential Palace and other government installations. President Green and his ministers fled during the night to Rantania. The following morning, Andler proclaimed herself “interim president” of Aprophe.[13]

The principle that territory may not be validly acquired by the illegal use of force is well established.[14]

 

Andler declared that she would stay in power for as long as necessary to reestablish democratic institutions and the rule of law in the country. [15]

This fact may indicate an attempt to establish a military dictatorship.

 

2. Andler was fired prior to the seizure of power, and, therefore, could not lawfully implement command functions in the armed forces of Aprophe.

 

President Green immediately fired Gen. Andler, withdrew her military commission, and ordered her arrest on charges of insubordination and sedition..[16]

On the morning of January 16, 2011, senior officers of the national police arrived at Andler’s apartment in Marcelux, and were turned away by armed soldiers loyal to her.

 

3. Andler’s government acts against the interests of the people of Aprophe.

 

Andler ordered more than 2,000 members of the army elite Quick Reactionary Forces (QRF) to the two villages to confront the National Homeland Brigade. The heavily-armed QRF troops demanded that the pro-Green forces surrender and threatened to arrest any soldier who refused to lay down his or her arms..[17]

On February 10, 2011, the QRF launched artillery strikes against the two villages still loyal to Green. Sixty soldiers and 80 civilians were killed and hundreds more were wounded during shelling in the region over the next three days, and QRF ground-force commanders indicated their immediate intention to enter the villages. [18]

To save her own position Andler has substituted under blow temple complex Mai-Tokao[19]

 

4. Andler (and government) are not willing to fulfill international obligations, which also indicates the illegitimacy of its status.

On January 23, 2011, the Minister of Foreign Affairs of the interim government informed the Secretary-General of the United Nations that Aprophe was denouncing the Eastern Nations Charter..[20]

She immediately suspended the open borders policy, the tax and other incentives extended by President Green to nationals of ENI Member States, and other pro-ENI measures instituted by Green.[21]


Date: 2016-01-03; view: 244


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Odpowiedź: Notre Dame de Paris | B. Many countries and international organizations do not recognize the Government of P. Andler.
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