The change of governments in Aprophe

President Green, who was serving presidency since November 2000, declared his candidacy to stand for a third term in the elections which should have been held in March 2011. However, on January, 2011 in the light of nationwide strikes he invoked emergency powers postponing the elections and ordered to begin armed patrols. Since General Paige Andler, chief of the staff of the Aprophian armed forces, refused to “take arms against Aprophians” and demanded to restore elections, President Green ordered her arrest.

In response to the actions conducted by Green, Andler forces entered the governmental installations and forcibly established the new government. Andler became “the interim President of Aprophe”. President Green and his ministers fled to Rantania where they established the “government in exile” on January 20, 2011.

After its advert to power Andler immediately assured the Aprophians that “new elections would be called soon”. She suspended the pro-ENI measures instituted by Green, dissolved the parliament and denounced the Eastern Nations Charter on January 22. She successfully established order in over 90% of Aprophian territory (comprising approximately 80% of the population), and the armed forces in and out Marcelux were loyal to her. Although 800 members of the National Homeland Brigade and several hundreds of civilians remained loyal to Green and established bases in two villages in the north of Aprophe.

Andler ordered the army elite Quick Reactionary Forces (QRF) to confront the National Homeland Brigade. Since troops loyal to Green did not surrender, the small-scale fighting between them began on January 20, 2011 and continued for the next three weeks with the advantage of neither of the parties.

Upon the request of Rantania and with the support of ENI Members, on January 29, 2011 UN General Assembly adopted a resolution condemning “the coup d’etat” and called upon “the SC to consider immediate action under Chapter VII of the Charter of UN”.

Subsequently, on February 10, 2011 QRF took the offensive against two villages loyal to Green. This resulted in casualties of sixty soldiers and eighty civilians.

As to the date of submission of this Compromis, 14 nations recognized Andler’s government.

Operation Uniting for Democracy

Rantania proposed the “Activation Orders” for air strikes against Aprophian military and strategic assets to the ENI Council which adopted them on February 15, 2011. Rantanian General-Major Otaz Brewscha was appointed to head the campaign.

Rantania is the only ENI Member with airborne military capability of any significant size. Pursuant to “Activation Orders” the Operation Uniting for Democracy started on February 18, 2011. The Operation constituted a bombing campaign that consisted of around-the-clock strikes against military installations in and around Marcelux and was conducted almost entirely by the Rantanian Air Force. Brewscha was taking all the operational decisions.

Within days, the Operation resulted in the effective destruction of Aprophian military and deaths of 50 Aprophian soldiers as well as damage to non-military buildings. Twelve out of fifteen Aprophian military installations were destroyed.

The Security Council named the incident “the escalating cycle of violence in Aprophe”.

Andler fled to the Mai-Tocao site on February, 27, 2011. Brewscha announced that the ENI ground forces would be mobilized to enter Aprophe to capture Andler. Andler made a statement that Aprophe will destroy Mai-Tocao Temple if the “unlawful military operation continues”.

On March 1, 2011, the UN Security Council unanimously condemned the Operation Uniting for Democracy.

Nonetheless, the aerial bombardment of the military installations continued unabated for the next two days. Andler ordered the destruction of one of the smaller buildings in the Mai-Tocao Complex on March 3, 2011. No one was injured and the building was destructed partially.

In two days Rantanian President Perego ordered an immediate grounding of the Rantanian Air Force, and the Operation Uniting for Democracy was suspended.

(g) Summary of Pleadings

Submission I

1. Andler government has a right to represent Aprophe before ICJ since it exercises effective control over Aprophian territory during reasonable period of time. Otherwise, the denial of Andler’s right to represent Aprophe before the Court will constitute unjustified interference in domestic affairs of Aprophe and violate the principle of State sovereignty.
2. Since only one government can represent the State in its international affairs in consequence of change of governments, Aprophe submits that Green government lost its representative status. It is no longer effective or legitimate. Therefore, Andler government is a sole representative of Aprophe.

Submission II

1. The Operation Uniting for Democracy is attributable to Rantania, since the Respondent exercised the control over the Air Force that conducted the Operation.
2. The bombardment of the Aprophian territory in the context of the Operation Uniting for Democracy constitutes illegal use of force qualifying also as breach of principle of non-intervention, and an act of aggression. The use of force against Aprophe is not justified by self-defense, since Aprophe does not regard itself as a victim of an armed attack, and, therefore, Rantania acted on its own assessment of the situation in Aprophe. Furthermore, Rantania unlawfully intervened in an ongoing civil war in Aprophe. Ex-President Green’s request for Rantanian intervention is void, since he is not entitled to represent Aprophe on the international scale. The Operation Uniting for Democracy may not be justified on the ground of humanitarian intervention, which has no basis in international law. In any event, the situation in Aprophe may not be regarded as humanitarian crisis. Thus, the Operation Uniting for Democracy was the illegal use of force against the State of Aprophe.

Submission III

1. The purpose of the 1965 Peace Agreement between Aprophe and Rantania is to create a stable and lasting peace between them and their populations. Waiver clause of all claims on behalf of the Respective Parties and their citizens aimed to ensure the end of conflicts. This provision, abidance of which is ensured by rules of Vienna Convention on the Law of Treaties, barred Rantania from adjudicating in the Turbando. Therefore, Rantania had not only put in danger relations with Aprophe, but also violated the fundamental principle pacta sunt servanda.
2. Even if no agreement between Aprophe and Rantania existed, adjudication in the Turbando is impossible because of the rule of foreign sovereign immunity. There are no exceptions to State immunity that can be applicable to Aprophe. Rantania proceeded over the claims basing on modern developments of international law that are not recognized by civilized nations.
3. Since the judgment in the Turbando was rendered on unlawful grounds it is not a valid basis for enforcement. Moreover, no enforcement measures against property of State can be taken without its consent. Aprophe did not give either explicit or implicit consent to enforcement. Therefore, under no circumstances the enforcement is possible.

Submission IV

1. The destruction of the Mai-Tocao building occured in the course of military necessity and, thus it was consistent with international law. It was aimed at the legitimate military objective, since such detonation provided Aprophe with significant military advantage – the suspension of the Operation Uniting for Democracy. The Operation constituted an internationally wrongful act that caused the military casualties as well as threatened the lives of Aprophian population. Therefore, the damage caused to the Mai-Tocao building was proportionate to the injury suffered by Aprophe. Aprophe had no other alternative method to make Rantania suspend the Operation Uniting for Democracy.
2. In the alternative, the damage caused to the Mai-Tocao building was lawful countermeasure in response to the internationally wrongful Operation Uniting for Democracy conducted by Rantanian Air Force. Therefore the wrongfulness of the detonation is precluded.

(h) Pleadings

(1) THE COURT MAY EXERCISE JURISDICTION OVER ALL CLAIMS IN THIS CASE, SINCE THE ANDLER GOVERNMENT IS THE RIGHTFUL GOVERNMENT THE REPUBLIC OF APROPHE

According to the principle of state sovereignty the question of change of governments directly falls within the scope of domestic jurisdiction.[1] Any external interference into internal affairs of the State is prohibited.[2] Accordingly, the government should have a right to represent the State before the Court if it is able to exercise effective control over its territory (1.1).[3]

Since Green government lost its legitimacy and does not exercise any control over Aprophian territory, Andler government is the sole representative of Aprophe (1.2).