QUESTIONS PRESENTED

The Republic of Aprophe respectfully asks the Honourable Court:

1. Whether the Court may exercise jurisdiction over all claims in this case.

2. Whether Rantania is responsible for illegal use of force in the context of the Operation Uniting for Democracy.

3. Whether Rantania may permit its officials to execute the judgment in the case Turbando, et al ., v. Republic of Aprophe or whether Rantanian courts violated international law by exercising jurisdiction in the case;

4. Whether Aprophe did not violate international law by distracting the building of the Mai-Tocao Temple.

STATEMENT OF FACTS

The Federal Republic of Rantania and the Republic of Aprophe are two neighboring countries that have a field of mutual interest - the territory where the Mai-Tokao temple complex included in the World Heritage List is situated. It consists of six separate stone constructions and a central temple. The site is located near the modern Rantanian-Aprophian border that was defined only in 1968 as a result of the last full-scale war for sovereignty over Mai-Tokao. In 1962 local villagers of unknown nationality invaded the Aprophian territory and attacked the Aprophian soldiers. Since that time Aprophe maintained order and secured the Mai-Tokao area and nearby Rantanian territory up to 1964. Rantanian villagers were obliged to supply the Aprophian army with necessary goods and services. In return, they received meals and accommodation.

In 1965, turning to the UN Secretary-General mediation both states reached an agreement and the war ended with Peace Agreement (“the 1965 Treaty”). In 1968, the borders were the borders were determined by the arbitral tribunal, according to which the temple complex area and part of Rantanian territory went to Aprophe. In 1980, The Eastern Nations Charter of Human Rights which established the Eastern Nations Court was ratified by Rantania, Lamarthia, Verland and Pellegrinia. In 1990, these states also created the Eastern Nations International Organization. The Eastern Nations Charter applies to all members of the ENI.

In November 2000, Mig Green was elected as president of Aprophe. During the term of his presidency he abided the conditions necessary for entering into the ENI, in particular, he limited the rights of traditionally strong Aprophian labor unions. And in 2005, Aprophe joined the Eastern Nations Charter with an exemption that the compulsory jurisdiction of the Eastern Nations Court would not be applicable to Aprophe until the state would reach full membership in ENI. Also, Green established "open borders policy”. This institution caused the indignation of labor unions, some political parties and other Aprophian citizens.

In 2001, International League for Solidarity and Access (ILSA), an advocacy group dealing with human rights abuses, on behalf of 60 former military Rantanian internees filed a lawsuit against Aprophe. The plaintiffs claimed they were subjected to forced unpaid labor and exacted all payments for their work during war, as well as compensations for moral damage. Local Aprophian court left the case without consideration due to the expiration of six-year Aprophian statute of limitations.

In 2002, the Aprophian Supreme Court affirmed the local court decision. Later, ILSA presented the similar claim before the Rantanian trial court, and then – the Rantanian Supreme Court. They also left the claims without consideration, invoking The Peace Agreement. ILSA then turned to the Eastern Nations Court with a petition against Rantania. The Court who referred to the Eastern Nations Charter ordered the Rantanian Supreme Court to remand the case for trial. Finally, the Rantanian trial court ruled in favor of plaintiffs.

Aprophe described that decision as an unacceptable violation of the Aprophe’s immunity from the jurisdiction of foreign courts, as well as an inadmissible violation of the 1965 Treaty. He also added that Aprophe is not obliged to execute the decisions of the Eastern Nations Court. The court's decision did not suit Aprophian citizens as well. There several national strikes were arranged, calling for the resignation of the Green and showing a negative attitude of the population to Green's pro-ENI program. In January 2011, Green postponed president election for one year, increasing its term of office using his emergency powers. To suppress strikes he ordered to carry out armed patrols of the largest cities of Aprophe.

General Paige Andler, chief of staff of the Aprophian armed forces, refused to obey Green and called him to conduct president’s election. In response to her defiance of her insubordination Green fired Andler, divested her military ranks and ordered to arrest her. But General Andler along with loyal military units terminated Green’s authority and took office as "interim president". Ex-president Green left for Rantania.

General claimed she would remain in power only as long as the rule of law in the country will not be restored. In this regard, some Green’s activities that served the ENI’s interests were immediately suspended. Also, using emergency powers that were granted to her by law she dissolved parliament to maintain public order in the country. As a consequence, Andler succeeded in restoring the order in over than 90% of Aprophian territory. Also, Aprophe’s citizens were promised to held democratic president elections.

It was known that the civilian Green’s supporters and National Home Brigade (NHB) loyal to him stationed on the territory of two villages in the north of Aprophe. Quick Reactionary Forces (QRF), that supported Andler, asked them to surrender. On January 20, after NHB refused, the small-scale clashes between formations began. On February 10, there was the last confrontation that ended with casualties.

On January 23, Andler made a public statement condemning the resolution which Rantania presented to the ENI Council which recognized Green as a lawful president of Aprophe and called for the end of all hostilities. Andler insisted that by adopting this resolution ENI interfered in the internal affairs of Aprophe. On February 18, the Eastern Nations Organization initiated “Operation Uniting for Democracy” which consisted of air strikes by Rantanian Air Force against targets of military infrastructure in and around Marcelux, the capital of Aprophe. 12 of the 15 military facilities in the Marcelux area were destroyed, 50 soldiers were killed and several civilian buildings were damaged.

Since almost all armed forces of Marcelux were completely destroyed, on February 27, Andler and her staff were forced to seek shelter on the territory of the Mai-Tokao National Park. On February 28, General made an official statement which was transferred to the media via satellite. Andler said she refused to risk the lives of their citizens and asked foreign troops to leave the Aprophe’s territory. If the air bombings and people’s killing did not stop, they would have to destroy one of the buildings of the temple complex. Since the bombing in Marcelux did not stop, on March 3, Andler had to detonate one of the buildings of the Mai-Tokao. As a result, only a part of one of the smaller building was ruined, there were no casualties.

On March 5, “Operation Uniting for Democracy” was terminated by the ENI Council, and in next few weeks Andler and her government came back to Marcelux. On May 12, Andler initiated proceedings against Rantania whereby according to “the Treaty of 1965” the ENI military attacks infringed international law, and Rantania was responsible for the attacks. However, accepting Rantanian concessions, on July 20, Aprophe withdrew its application for trial in the International Court of Justice and agreed to submit to the Court all the requirements that the parties may have had against each other jointly.

Date: 2015-12-17; view: 796