MEMORIAL FOR THE APPLICANT

INTERNATIONAL COURT OF JUSTICE

THE PEACE PALACE

THE HAGUE, THE NETHERLANDS

THE 2012 PHILIP C. JESSUP INTERNATIONAL LAW

MOOT COURT COMPETITION

THE CASE CONCERNING

THE DIFFERENCES BETWEEN THE STATES CONCERNING THE MAI-TOCAO TEMPLE

THE STATE OF APROPHE

(APPLICANT)

V.

THE STATE OF RANTANIA

(RESPONDENT)

MEMORIAL FOR THE APPLICANT

TABLE OF CONTENTS
INDEX OF AUTHORITIES

1. TREATIES AND CONVENTIONS

1. Charter of the United Nations, 26 June 1945.

2. Convention for the protection cultural property in the Event of Armed Conflict with Regulations for the Execution of the Convention, 14 May 1954

3. Geneva Convention (I) for the Amelioration of the Condition of the Wounded in Armies in the field, 1949.

4. Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea,1949, art.1;

5. GenevaConvention (III) relative to the Treatment of Prisoners of War, 1949.

6. Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War.1949.

7. Hague Convention (IV) of 1907 and its annex. 18 October 1907, entered into force on 26 Jan. 1910.

8. International Covenant on Civil and Political Rights, 1966, 999 U.N.T.S. 171.

9. Protocol (I) Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, 1977.

10. Protocol (II) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts,1977.

11. Statute of the International court of Justice, 26 June 1945.

12. Vienna Convention on Diplomatic Relations, done at Vienna on 18 April 1961, entered into force on 24 April 1964.

13. Vienna Convention on the Law of Treaties, 23 May 1969, UN Doc. A/Conf. 39/27.

1. JUDICIAL DECISIONS

1. Case Concerning Armed Activities on the Territory of Congo (Congo v. Rwanda) I.C.J., 2006.

2. Case Concerning Jurisdictional Immunities of the State (Germany v. Italy), 2010, I.C.J.

3. Case Concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia (Serbia and Montenegro)) Preliminary objections.

4. Case Concerning Jurisdictional Immunities of the State (Germany v. Italy), I.C.J., Memorial of The Federal Republic of Germany, 12 June 2009.

5. Case Concerning the Arrest Warrant (Congo v. Belgium), 2002, I.C.J.

6. European Court of Human Rights, Judgment, 21 November 2001, Al-Adsani v. the United Kingdom.

7. European Court of Human Rights, Grand Chamber Agim Behrami and Bekir Behrami v. France, and App. No. 78166/01 Ruzhdi Saramati v. France, Germany and Norway decision of 2 May 2007.

8. European Court of Human Rights, Decision on Admissibility of Dec. 12, 2002, Kalogeropoulou v. Greece & Germany.

9. Ferrini v. Germany case, Judgment of the Italian Court of Cassation, 11 March 2004.

10. Jones v. Ministry of Interior of the Kingdom of Saudi Arabia, [2006] UKHL 26.

11. Nicaragua v. U.S., [1986] I.C.J. Rep.14.

12. Nuclear test cases (New Zealand v. France), I.C.J., 20 December 1974.

13. Prefecture of Voiotia v. Federal Republic of Germany, Areopag, Judgment of 4 May 2000.

14. Prosecutor v. Pavle Strugar, ICTY, Trial Judgment, IT-01-42-T, para.227, 31 January 2005

15. Schreiber v. Canada (Attorney General), the Supreme Court of Canada, 12 September 2002.

16. Tinoco Arbitration, Aguilar-Amory and Royal Bank of Canada claims (Great Britain v. Costa Rica) 18 October 1923.

17. Request for Advisory Opinion, Accordance with International Law of the Unilateral Declaration of independence of Kosovo, 22 July 2012, I.C.J.

1. BOOKS

1. Anton, Donald K., Mathew, Penelope, International Law cases and materials (New-York: Oxford University Press, 2005).

2. Commentary to the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflict (Protocol I), 8 June 1977 ICRC.

3. D.J. Harris, Cases and Materials on International Law, 6th ed., 2004.

4. Ian Brownlie, Principles of Public International Law, 6^th ed. (New York: Oxford University Press, 2003).

5. Malcolm N. Shaw, International Law, 5th ed. (Cambridge: Cambridge university press, 2003).

6. Malcolm N. Shaw, International Law, 6th ed. (New-York: Cambridge university press, 2008).

1. ESSAYS, ARTICLES AND JOURNALS

1. Francois Bugnion, “Just wars, wars of aggression and international humanitarian law” (2002) IRRC.

2. Francois Bugnion, “The Origins and Development of the Legal Protection of Cultural Property in the Event of Armed Conflict: 50th Anniversary of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict”, 14 November 2004.

3. Jan Hladic, “The 1954 Hague Convention fort he Protection of Cultural Property in the Event of Armed Conflict and the Notion of Military Necessity” (30 September 1999) №835 IRRC.

4. Jean-Marie Henckaerts, “Study on Customary International Humanitarian law: A Contribution to the Understanding and Respect for the rule of law in armed conflict” (2005) IRRC.

5. Kerstin Bartsch & Björn Elberling, “Jus Cogens vs. State Immunity, Round Two: The Decision of the European Court of Human Rights in the Kalogeropoulouet al. v. Greece and Germany Decision” (2003) GLJ.

6. Michele Potesta, “State Immunity and Jus Cogens Violations: The Alien Tort Statute Against the Backdrop of the Latest Developments in the Law of Nations” (2010), BJIL.

7. Talmon Stefan, 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. Essays in Honour of Ian Brownlie, 1999.

1. U.N. DOCUMENTS

1. Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations, G.A. Res. 2625(XXV), GAOR, 25th Sess., U.N. Doc.A/8082 (1970).

2. Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of States, 9 December 1981 A/RES/36/103.

3. Definition of Aggression United Nations General Assembly Resolution 3314 (XXIX), 14 December 1974.

4. Draft Articles on Responsibility of States for Internationally wrongful acts with commentaries, International Law Commission, Official Records of the General Assembly, Fifty-third Session, A/56/10.

5. Letter dated 8 March 1950 From the Secretary-General to the President of the Security Counsil Transmitting a Memorandum on the Legal Aspects of the Problem of Representation in the United Nations S/1466Recognition by the UN of representation of a member state.

6. Recognition by the United Nations of the Representation of a Member State, GA Res 396 (V) 1950.

7. Responsibility of States for Internationally Wrongful Acts, A/Res/56/83, 56th Sess., 2002, art. 1.

1. MISCELLANEOUS

Patty Gerstenblith, From Bamiyan to Baghdad: Warfare and the Preservation of Cultural Heritage at the Beginning of the 21st Century (2006) 37 Geo. J. Int'l L. 245 (LexisNexis).
STATEMENT OF JURISDICTION

The Republic of Aprophe (“Aprophe”) and the Federal Republic of Rantania (“Rantania”) present all differences concerning the rightfulness of Andler government in the Republic of Aprophe, illegal use of force, lawfulness of dispensation of justice by Rantanian courts, destruction of buildings of the Mai-Tocao Temple, and submit a copy thereof for the adjudication by International Court of Justice (“I.C.J.”) according to article 40(1) of the Statute of the I.C.J. (“Statute”). Therefore, Aprophe and Rantania accept the jurisdiction of the I.C.J. as consisted with Article 36(1) of the Statute.

Date: 2015-12-17; view: 1188