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3. The Rantania has violated it’s obligations under The Peace Agreement of 1965

In fact Rantania did not perform its obligations under the Peace Agreement of 1965 and thereby has violated two interrelated fundamental general principles of international law, that is pacta sunt servanda principle and the principle of good faith. The former is the oldest principle of international law. It constitutes the basis of the law of treaties and means that a treaty is binding upon the parties. The latter is enshrined in the Article 2(2) of the United Nations Charter stating that “all Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.”68 Thereto, the duty of states “to fulfill in good faith their obligations resulting from international law generally, including treaties”69 is also elaborated in the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States.

The principle of good faith is “one of the basic principles governing the creation and performance of legal obligations, whatever their source”70, because “trust and confidence are inherent in international co-operation, in particular in an age when this co-operation in many fields is becoming increasingly essential.”71 Consequently, with reference to foregoing its possible to draw an inference that the exercising of jurisdiction by Rantanian courts constitutes intolerable transgression against the essence of Aprophe’s immunity from the jurisdiction of foreign courts, and also presents the glaring violation of the 1965 Treaty.

IV. Aprophe’s destruction of a building of the Mai-Tocao Temple did not violate international law

Whereas Rantania has committed an act of aggression and its military operations against Aprophe were in contrary to United Nations Charter, the destruction of a Mai-Tocao Temple was the invocation on the imperative military necessity in urgent circumstances when there was not other possible alternative. Furthermore Aprophe has taken all measures as far as possible to safeguard the Mai-Tocao complex. Therefore Aprophe’s destruction of the Mai-Tocao Temple should be justified in accordance with the provisions of international humanitarian law.

  1. Rantania has violated its obligations under the un Charter

Being a member of the United Nations Organization Rantania is obliged to act in accordance with its Principles. Under the Charter Rantania has a duty to settle its international disputes by amicable means and “to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state”72 except for the right of self-defence. Instead of performing this duty Rantania has committed actions inconsistent with the UN Charter and whereby exposed “international peace and security”73 to danger. As it follows from the Compromise facts Rantanian actions were not the exercise of the right of self-defense, therefore Rantania had to get Security Council permission to use force against Aprophe, but also failed to perform this obligation. And being fully aware that its indignant and unlawful using of force can lead to great number of victims and destruction of civil objects Rantania preferred to use violence. Furthermore Rantanian using of armed forces has violated Aprophe’s territorial integrity and sovereignty by armed attack and bombardment which should be classified as an act of aggression under the United Nations General Assembly Resolution on the Definition of Aggression 74. Therefore Rantanian air strikes were in gross violation of its obligations under the UN Charter and present a serious crime against international peace.

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