The Andler regime is illegitimate because it usurped the power by force

PLEADINGS

I. 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

There are many reasons why Paige Andler and her agents do not have the right to represent the Republic of Aprophe before this court. First of all, the government in exile formed by Mig Green is considered as a government in international law and it is recognized by 31 nations. The second reason is the most important: Andler’s regime is illegal because she came to power by unconstitutional means. Furthermore, she has no legal power to submit claims to this court. Therefore, the Court has no jurisdiction over the Applicant’s claims since Andler and her representatives cannot appear before this court on behalf of the Republic of Aprophe.

A. Andler and her followers cannot represent the Republic of Aprophe before this court

The Andler regime is illegitimate because it usurped the power by force

The Andler regime is unlawful due to several reasons. Thecompromis states that “president Green ordered the Aprophian military to begin armed patrols in major urban areas to prevent and quell civil unrest”^[1]. In that situation it was a necessary measure. But General Paige Andler, chief of staff of the Aprophian armed forces, did not implement that order. As a result “President Green immediately fired General Andler, withdrew her military commission, and ordered her arrest on charges of insubordination and sedition”^[2]. However the armed soldiers loyal to the ex-chief of staff of the Aprophian armed forces maintained resistance. Moreover, they forcibly occupied the Presidential Palace and other government buildings. “President Green and his ministers fled during the night to Rantania”^[3]. On the assumption of the Compromis the actions of Andler and her accomplices can be defined as a coup-d’etat, which "…consists of the infiltration of a small but critical segment of the state apparatus, which is then used to displace the government from its control of the remainder.^[4]" This way of changing the government is unconstitutional that is why the Andler regime is illegitimate and her government should not be recognized.

The next reason is that there was a “widespread and growing opposition to the interim government”^[5]. In that situation Andler decided to establish a state of emergency and to dissolve the parliament. She put the majority of Aprophe’s territory and population under control but it was done with use of force, under protest of the population and with illegal use of emergency powers. Then she gave naked promises to call new elections and to honor all civil rights and liberties. Also, “The ENI Council unanimously passed the resolution, which … condemned “the military coup d’état,” and urged “a prompt cessation of military activities and restoration of democracy”.”^[6] What is more, “the United Nations General Assembly adopted Resolution A/RES/65/598”[7] with almost similar content. All these reasons show that Andler infringed the rights of people and that her direction of a state is unlawful.

Under the statute of the International Court of Justice “the Court…shall apply… the teachings of the most highly qualified publicists”[8]. This provision permits to use doctrines as an argumentation of our position. There are some doctrines about recognition of governments in support of the abovementioned point of view. The Tobar doctrineorthe so-called doctrine of legitimacy is one of the most prominent doctrines among them. It suggests that governments which came into power by extraconstitutional means should not be recognized, at least until the change had been accepted by the people.^[9] Numerous facts show that the Andler regime is unlawful and unwelcome. First of all, Mig Green is a legally elected President of the Republic of Aprophe whereas General Paige Andler came to power by force. Secondly, according to the Compromis there was “widespread and growing opposition to the interim government”^[10]. Consequently, the Andler regimeis notthe valid successor to the former legitimate government.

The Government of the USA took the same view in the case Great Britain v. Costa Rica. It clearly explained that it “will not give recognition or support to any government which may be established unless it is clearly proven that it is elected by legal and constitutional means”[11]. Since Andler usurped power by force her regime is illegitimate.

Date: 2016-01-14; view: 565