D. The State Of Rotania Had Violated The Sovereignty Of The Republic Of Adova

According to the international political system states are “sovereign”. And sovereignty is an axiomatic and implicit characteristic of the state as a legal entity. Sovereignty means the whole body of rights and attributes, which a State possesses in its territory⁷. No one is eligible to violate the sovereignty of the state, its independence and autonomy.

Under Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of States⁸, every state possesses sovereignty, political independence, territorial integrity and national unity. Every state is eligible to determine its own political relations and therefore decide whether to extradite its citizens or not. And every state should refrain in their international relations from the threat or use of force in any form whatsoever to violate the existing internationally recognized boundaries of another State, to disrupt the political, social or economic order of other states.

Rotanian troops which illegally raided into Adovan territory and captured Samara Penza and other Adovan citizens have infringed the Adovan sovereignty. They had crossed the Adovan border without the permission of Adova, and that constitutes the violation of generally recognized principles of international law. The Charter of the United Nations and Declaration on Principles of International Law Friendly Relations And Cooperation Among States in Accordance with the Charter of the United Nations contain this principle of international law. Being a member of the United Nations (Comp. 44), having undertaken the obligations in accordance with its Charter, Rotania firmly violated its obligation to refrain in international relations from the threat or use of force against the territorial integrity or political independence of any State⁹ and the duty not to intervene in matters within the domestic jurisdiction of any State¹⁰. Rotania had no right to settle the conflict by use of force and violating the international borders of the republic of Adova.

E. Samara Penza And Other Adovan Citizens Are Victims Of An Offense To Human Dignity

Samara Penza and other Adovan citizens were kidnapped from Adova and transferred to Camp Indigo, Merkistan. According to the announcement of Colonel Vinitsa on April 3, 2007, Samara Penza and other Adovan citizens were held in custody at a secret location (Comp.31). They were abducted without any form of legal process.

Declaration on the Protection of all Persons from Enforced Disappearance clearly indicates that any act of enforced disappearance is an offence to human dignity¹¹. Rotania violated the Charter of the United Nations and the Universal Declaration of Human Rights by committing enforced kidnapping and detention of Adovan Citizens. No state shall practise, permit or tolerate enforced disappearances¹². Moreover any act of enforced kidnapping is punishable under the criminal law and is considered to be a grievous crime.

Furthermore, such crimes cannot be justified by orders or commands of superior bodies. Under the Declaration on the Protection of all Persons from Enforced Disappearance, no order or instruction of any public authority, civilian, military or other, may be invoked to justify an enforced disappearance. Any person receiving such an order or instruction shall have the right and duty not to obey it.¹³ President Kirgov had no right of issuing order for enforced disappearance of Samara Penza and other Adovan citizens, and Colonel Vinitsa had a right not to obey it, but executed an order and violated the basic human rights and fundamental freedoms of Adovan citizens. Enforced disappearance entails the violation on the right to liberty, the right to fair trial, to legal counsel, the right to personal security and humane treatment and other.

The Respondent may claim that these acts were committed to ensure peace and stable situation in Rotania, but “no circumstances whatsoever, whether a threat of war, a state of war, internal political instability or any other public emergency, may be invoked to justify enforced disappearances”¹⁴.

The world community confronts with numerous cases, when people become victims of enforced disappearance. Nowadays the practice of enforced disappearance has unfortunately become a truly universal phenomenon¹⁵. Many special bodies are established; among them are universal organizations, for example, Amnesty International and Human Right Watch, and regional ones, e.g. the Human Rights Watch Commission of Pakistan and many others. The whole world struggles against these horrifying crimes that were committed during the World War II by Gestapo in Nazi Germany, during “Dirty War” in Argentine, during the Stalin dictatorship in the Soviet Union etc. The periods of time mentioned above are remembered as the most frightful mistakes, and we should learn by these mistakes, instead of repeating them again. Notwithstanding this experience and the United Nations recommendations, the State of Rotania in the person of President Kirgov and General Vinitsa perpetrated act of enforced disappearance.