Statement of facts

The Republic of Aprophe is a prosperous state founded in 1698 at the Council of Marcelux (Marcelux being its present-day capital). Aprophe shares a border with the Federal Republic of Rantania. Aprophe and Rantania are members of the United Nations Organization.

The background of the Mai-Tocao problem

The Mai-Tocao temple is a complex of ancient structures of religious nature dating to at least 2000 BCE located within the national border of Aprophe. Mai-Tоcao is a major archaeological site as well as it is considered by Aprophian and Rantanian people to be the centre of their cultural heritage. The territory of the Mai-Tocao temple has been contested by Rantania for several centuries since Aprophe’s foundation. The most recent conflict commonly referred to as “the Mai-Tocao War” was set off by an armed assault on the Aprophian army personnel on the Aprophian territory. As a response to these actions the attackers were pursued to the Rantanian territory near the Mai-Tocao site. The Aprophian army managed to secure and pacify the area disarming a number of local villagers. However the attacks in the area did not stop and Aprophian army was forced to respond adequately. Through the period 1962-1964 the villagers living on the secured territory were involved to lending support of the Aprophian army by providing goods and services. The villagers worked in shifts, were provided with three meals a day and special places for living during all period of their work.

Consequences of the Mai-Tocao War

In 1965, Aprophe joined by Rantania turned to good offices of UN Secretary General pursuing the goal of termination of the violence. As a result the peace agreement was signed the same year (“The 1965 Treaty”). The treaty committed the boundary delimitation question that has been presented since the foundation of Aprophe to an arbitral tribunal. By the decision of the arbitral tribunal in 1968 the Mai-Tocao temple was placed in 10 kilometres within Aprophe. The Rantanian villagers were settled on the now-Aprophian territory and given freedom of choice to resettle in the state of their preference.

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.