Military internees cases

The State of Aprophe

The Republic of Aprophe is a developing state founded in 1698 at the Council of Marcelux (Marcelux being its present-day capital). Aprophe shares a border with the Federal Republic of Rantania. Aprophe and Rantania are members of the United Nations.

Mai-Tocao temple

Mai-Tocao temple is complex of ancient structures of religious nature dating to at least 2000 BCE located within the national border of Aprophe. Mai-Tоcao is a major archaeological site as well as it is considered by Aprophian and Rantanian people to be the centre of their cultural heritage.

The Mai-Tocao War

The territory on which Mai-Tocao temple stands has been contested by Rantania for several centuries since Aprophe’s foundation. The most recent conflict commonly referred to as “the Mai-Tocao War” was set off by an armed assault on Aprophe army personnel on the Aprophian territory. As a response to the assault Aprophian army pursued the attackers to the Rantanian territory near the Mai-Tocao site. Aprophian army managed to secure and pacify the area disarming a number of local villagers. However the attacks in the area did not stop and Aprophian army was forced to respond adequately.

Through the period 1962-1964 the villagers living on the secured territory were attracted to lending support to the Aprophian army by providing goods and services. The villagers worked in shifts, were provided with three meals a day and shelter during all the period of their work.

Conclusion of the Mai-Tocao War

In 1965, pursuing the goal of termination of the violence Aprophe joined by Rantania turned to good offices of UN Secretary General an engaged in peace negotiations. As a result in 1965 a peace agreement was signed (“the 1965 Treaty”). The treaty committed the boundary delimitation question that has been present since the foundation of Aprophe to an arbitral tribunal. By the decision of the arbitral tribunal in 1968 the Mai-Tocao temple was placed 10 kilometres within Aprophe. Rantanian villagers that settled on the now-Aprophian territory were given freedom of choice to resettle in the state of their choice.

Eastern Nations Organisation

In 1980 Rantania, Lamarthia, Verland, and Pellegrinia ratified the Eastern Nations Charter of Human Rights and established Eastern Nations Court devoted to resolve human rights cases. In 1990 named states established Eastern Nations International Organisation (“The ENI”). The Treaty Establishing the ENI guaranteed free movement across borders for citizens of ENI Member States, contained a mutual defense pact and incorporated the Eastern Nations Charter.

Military internees cases

In November 2011 a case was brought in front of Aprophian local court on behalf of Rantanian villagers who worked for Aprophian army during the Mai-Tocao War. They sought damages for their labour during the war remained unpaid. The case was dismissed by the local Aprophian court, and the Aprophian Supreme Court on the grounds of the six-year Aprophian statute of limitations.

The cases were brought before Rantanian court afterwards and were dismissed in the grounds if Article XV of the 1965 Treaty and the doctrine of foreign sovereign immunity. The decision was affirmed by The Rantanian Supreme court.

The Eastern Nations Court delivered a judgement in January 2009 after receiving a petition against Rantania in order to protect Rantanian plaintiffs’ rights under the Eastern Nations Charter. The Court decided that Rantania can not rely on the 1965 Treaty and directed the Supreme Court if Rantania to proceed in a manner consistent with ENC decision.

The Supreme Court if Rantania found that the force labour during the Mai-Tocao War occurred and awarded individual plaintiffs damages ranging from equivalent of US$75,000 to US$225,000 apiece. Aprophian side did not take part in the procedure and denounced the decision of ENC as a violation of sovereign immunity. The judgement enforcement against Aprophian property in Rantania was suspended for an undefined period.

The Republic of Aporophe never expressed consent for Rantanian courts to exercise jurisdiction in cases mentioned above.

Date: 2015-12-24; view: 805