- •In the international court of justice at the peace palace,
- •Case Concerning Certain Criminal Proceedings in Adova and Rotania
- •International court of justice
- •Index of authorities
- •Statement of jurisdiction
- •Questions presented
- •Statement of the facts
- •Summary of pleadings
- •Pleadings
- •B. The Republic Of Adova Was Not Obliged To Extradite Its Citizens
- •C. Rotania Violated The Request Procedure
- •D. The State Of Rotania Had Violated The Sovereignty Of The Republic Of Adova
- •E. Samara Penza And Other Adovan Citizens Are Victims Of An Offense To Human Dignity
- •F. The State Of Rotania Constituted An Act Of Aggression
- •B. Actions, Committed By The State Of Rotania Constitute Torture
- •C. The Respondent Might Not Take Measures Derogating From Their International Obligations
- •E. Rotania May Not Justify Its Actions Referring To The Crimes Committed By Detainees
- •F. The Republic Of Adova Did Not Commit An Act Of Aggression
- •B. Rotania Should Have Granted To The Detained Adovan Citizens The Right To Have a Legal Counsel Of Their Own Choice.
- •B. Michael Kirgov Being The Head Of Rotania And Gommel Vinitsa Being a Colonel Of Rotania Do Not Enjoy Any Immunity From The Prosecution.
- •C. Adova Possessed a Right To Exercise Jurisdiction Over Michael Kirgov And Gommel Vinitsa.
- •Prayer for relief
- •The subsequent detention and treatment of Samara Penza and other Adovan citizens violated international law;
- •3 European Convention on Extradition, Paris, 13.XII.1957, Article 6
Prayer for relief
For all the reasons stated above, Republic of Adova requests this Court to adjudge and declare that:
The apprehension and rendition of Samara Penza and other Adovan citizens was a violation of Adova’s sovereignty and in contravention of international law;
The subsequent detention and treatment of Samara Penza and other Adovan citizens violated international law;
Rotania’s prosecution of the detained Adovan citizens before the Rotanian Military Commission, including Samara Penza’s prosecution for conspiracy, arson, and murder, violates international law; and
Adova’s exercise of jurisdiction over Michael Kirgov and Gommel Vinitsa to prosecute them in Adova for crimes committed against Samara Penza and other Adovan citizens is consistent with international law.
Respectfully submitted, Agents for the Applicant.
1 International Law, Cases and Materials, 4th edition, Lori Fisler Damrosch, Lois Henkin, Richard Crawford Pugh, Oscar Schachter, Hans Smit – p.1177
2 Factor v. Laubenheimer, 290 U.S. 276, 287, 54 S.Ct. 191, 193, 78 L.Ed. 315 (1933)
3 European Convention on Extradition, Paris, 13.XII.1957, Article 6
4 United Nations Security Council Resolution №1373 (2001)
5 European Convention on Extradition, Paris, 13.XII.1957, Article 12
6 Ibid., Article 15
7 Corfu Channel Case, United Kingdom v. Albania, Individual opinion by Judge Alvarez, International Court of Justice 1949, I.C.J. 39, 43.
8 Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of States, 9 December 1981 A/RES/36/103
9 Declaration on Principles of International Law Friendly Relations And Cooperation Among States in Accordance with the Charter of the United Nations, Annex, p.A
10 Ibid., p.C
11 Declaration on the Protection of all Persons from Enforced Disappearance, General Assembly resolution 47/133 of 18 December 1992
12 Ibid., Article 2
13 Ibid., Article 6
14 Ibid., Article 7
15 Enforced Disappearance, Dr Laifungbam Debabrata Roy
16Definition of Aggression United Nations General Assembly Resolution 3314 (XXIX) - 14 December 1974, Article 3
17 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984, Article
18 Ireland v. the United Kingdom, Strasbourg 18 Jan.1978
19 International Covenant on Civil and Political Rights 1976
20 Ibid.
21 Ibid.
22 Kalashnikov v. Russia, №47095/99, Strasburg, 2002
23 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment adopted by General Assembly resolution 43/173, 1988
24 Ibid.
25 Ibid.
26 Definition of Aggression United Nations General Assembly Resolution 3314 (XXIX) - 14 December 1974
27 Charter of the United Nations, Article 51
28 Rome Statute of International Criminal Court, article 8, U.N. Doc. A/CONF.183/9, July 17, 1998
29 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment adopted by General Assembly resolution 43/173 of December 9, 1988
30 Immunity from Prosecution for International Crimes: The Case of Charles Taylor at the Special Court for Sierra Leone, 2004
31 Iraq v. Saddam Hussein, Special Tribunal, 2005
32 France v.Moammar Gadhafi, 1999
33 Dragomir Milošević’s case, IT-98-29/1, 2007
34 United States v. Noriega, 746 F.Supp. 1506, 1511 (S.D.Fla.1990)