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. The states established Eastern Nations International Organisation (“the ENI”) in 1990. The Treaty establishing the ENI guaranteed the regime of free movement across the borders for citizens of the ENI Member States, contained a mutual defense pact and incorporated the Eastern Nations Charter.

Military internees’ cases

After 45 years, in November 2011, the Turbando, et al., v. The Republic of Aprophe case was brought in front of Aprophian local court on behalf of Rantanian “military internees” who worked for Aprophian army during the Mai-Tocao War. 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 of Rantania found 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 for every person. The 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 the Aprophian property in Rantania was suspended for an undefined period.

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

President Green seized the power and prolonged presidential term

President Green was elected as a President of Aprophe in 2000. His policy was oriented towards joining the ENI. Thus President Green government instituted financial and tax incentives for businesses from the ENI Member States, restricted the rights of labour unions. During Green political regime Aprophe unilaterally adopted the open boarder policy for residents of the ENI Member States. Citizens of Aprophe had been routinely organised strikes and protested against new restrictions. The disapprovement of Green’s policy and anti-Rantanian sentiments had peaked by 2010 as a response to The Supreme Court of Rantania decision concerning Military internees. Several nationwide strikes were organised and called for Green’s resignation were heard. In January 10, 2011 in sight of new presidential elections President Green pushing the boundaries set by the Aprophian Constitution postponed the elections for a year in order to take control over the situation in the country and ordered army patrols in the streets.

General Andler as an “interim president”

On January 15, 2011 General Paige Andler responded to the invocation of martial law with a letter containing criticism of president actions undermining the democratic principles of the nation and refused to take up arms against fellow Aprophians.

On January 16, 2011 President Green ordered to arrest Pagie Andler on quickly brought charges. However the attempt of the arrest was unsuccessful.

On that day Green fled the country, abandoning his duties and leaving the country without formal leader or representative. Under these drastic circumstances general Pagie Andler was bound to take position of an “interim president” to ensure the safety of Aprophe, pursuant to emergency powers granted by law, dissolved parliament.

The major causes of public unrest were the recent tax, economical course changes and open boarder policy. All these reforms were suspended by Andler.

With the purposes of ensuring stability and maintaining public order interim president Andler dissolved Aprophian parliament using the constitutionally granted emergency powers. Interim president Andler assured the publicity that new parliamentary elections would be held shortly.

Restoration of the order in Aprophe

The government led by interim president Andler successfully established order on Aprophe territory. Andler’s government controlled over 90% of Aprophian territory (comprising approximately 80% of the population), and the armed forces in and around Marcelux were loyal to Andler. In addition, 14 nations recognized Andler’s government. However, approximately 800 members of the army’s National Homeland Brigade chose to resist the new governmental forces and set their base in two villages in the north of Aprophe. They were followed by a group of civilians. Units of Aprophian army were sent to negotiate with the rebels and persuade them lay down arms however they encountered armed resistance.

Seizure of Aprophian assets

On February 15, 2011 Rantanian officials without prior notification using the difficult situation in Aprophe seized the equivalent of US $ 10,000,000 in Aprophian non-diplomatic property located in Rantania.

ENI bombings of Aprophe

Early in the morning on February 18, 2011 military installations of Aprophe were attacked by joint ENI air-force as a part of an operation initiated by the runaway Aprophian president Green against the interim president Andler regime. The attacks carried on for several days leading to destruction of the majority of Aprophian installations and multiple deaths of Aprophian soldiers. The Republic of Aprophe was rendered virtually defenceless against any threat. United Nations Security Council did not give consent to the bombing of Aprophe and adopted resolution condemning military Operation.

Interim president Andlers ultimatum

On February 27, 2011 interim president Andler and the government moved from the defenceless capital Marcelux to the Mai-Tocao site seeking protection from the airstrikes among the walls of the ancient temple. The next day Major-General Brewscha, commander of ENI operation against Aprophe, ordered a mobilization of the ENI ground forces on the Aprophe-Rantanian border. Left with no other means to protect her country facing the ENI invasion interim president Andler made an announcement in which she condemned the attacks on Aprophe and stated that the continuation of aggression against Aprophe will lead to destruction of buildings of the Mai-Tocao complex. Nevertheless the aerial bombing of military installations in near Marcelux continued and on March 3, 2011 Andler ordered a controlled detonation of explosives in one of the buildings of Mai-Tocao complex.

Submission before the International Court of Justice (ICJ)

On May 12, 2011 Aprophe filed an application with the Registry of the International Court of Justice, instituting proceedings against Rantania. However, questioning the jurisdiction of the Court over the matter Rantania agreed to engage Aprophe before the International Court of Justice. Both parties submitted to the ICJ’s ad hoc jurisdiction to adjudicate this conflict – Aprophe as Applicant, and Rantania as Respondent.

 

SUMMARY OF PLEADINGS

A. The court may exercise jurisdiction over all claims in this case, since the Andler government is the rightful government of the republic of Aprophe

According to the effective control doctrine and Estrada Doctrine Andler government should be recognized as rightful representative of Aprophe because Andler government exercises effective control over the state: 80% of population of the state and 90% of territory. Examples of international practice (recognition of Libyan Transitional Government and example about Costa Rica) confirm position of the Applicant.

Therefore, according to the point 1 article 34 of Statute of International Court of Justice the claims of Aprophe and Rantania are under jurisdiction of ICJ.

B. Rantania is responsible is responsible for the illegal use of force against Aprophe in the context of operation uniting for democracy

Rantania committed act of military intervention to the sovereign territory of Aprophe during the Operation Uniting for Democracy. Rantanian military actions against Aprophe is considered as an act of aggression and violation of international law according to the articles 39, 51 of the Charter of the United Nations and article 1 of General Assembly resolution 3314 (XXIX).

Since Rantania is attributable to the Operation Uniting for Democracy and the operation, which is in consistent under international law, Respondent must be a subject of responsibility for the Operation Uniting for Democracy.

C. Since the exercise of jurisdiction by Rantanian courts in the case of Turbando, et. al., v. The Republic of Aprophe violated international law, Rantania may not permit to execute the judgment in that case

D.

E.

PLEADINGS