- •In the international court of justice at the peace palace
- •Index of authorities
- •Index of authorities
- •Treaties and Conventions
- •United Nations Resolutions and Other Documents
- •International Cases and Arbitral Decisions
- •Treatises and Other Books
- •Miscellaneous
- •Statement of jurisdiction
- •Questions presented
- •Statement of facts
- •Interim president Andlers ultimatum
- •Summary of pleadings
- •The court may exercise jurisdiction over all claims in this case, since the Andler government is the rightful government of the republic of Aprophe
- •Rantania is responsible is responsible for the illegal use of force against Aprophe in the context of operation uniting for democracy
- •Pleadings
- •The court may exercise jurisdiction over claims of aprophe and rantania
- •2. Andler government is a rightful government of the republic of aprophe
- •Effective control doctrine
- •Estrada doctrine
- •Tobar doctrine
- •International practice of recognition of a coup government
- •Rantania is responsible is responsible for the illegal use of force against aprophe in the context of operation uniting for democracy
- •Rantanian military actions against aprophe is violation of international law
- •Rantanian actions are agression under international law
- •Rantanian courts lack jurisdiction in the case of turbando, et. Al., V. The republic of aprophe
- •The decision of the rantanian supreme court of december 12, 2009 violates the principle of sovereign immunity of states
- •The rantanian supreme court can not deny aprophe the right of sovereign immunity based on aprophe’s supposed violation of peremptory norms of international law
- •2. Rantanian courts have no legal basis to procede the case turbando, et. Al., V. The republic of aprophe
- •Aprophe’s destruction of a building of the mai-tocao temple did not violate international law Prayer for Relief
International practice of recognition of a coup government
The example of recognition of a coup government is the recognition of National Transitional Council of Libya - de facto government of Libya established by Libyan rebels14. In this situation it was recognized as legitimate representative of Libya on condition that the Council was not controlled all over the territory and the population of the state15. So the Court may exercise jurisdiction over all claims in this case, since the Andler government is the rightful government the Republic of Aprophe.
Rantania is responsible is responsible for the illegal use of force against aprophe in the context of operation uniting for democracy
Under Draft Articles on Responsibility of the States for Internationally Wrongful Acts16 the state is responsible for internationally wrongful act since this act is attributable to the state and it breaches state’s international obligations under international law. Since Rantania is attributable to the Operation Uniting for Democracy and the Operation, which is in consistent under international law, Respondent must be a subject of responsibility on Operation Uniting for Democracy.
Rantanian military actions against aprophe is violation of international law
Aprophe takes a position of the school of classicists17 considering that unauthorized intervention to the internal policy of a state is violation of international law. According to the article 51of the Charter of UN18 states can use force in two exclusive cases: individual or collective self-defense or use of force in accordance with Security Council Resolution (Article 51).
ENI launched “Operation Uniting for Democracy”: around-the-clock air strikes against verified military installations in around Marcelux19. There is a certain fact of use the areal bombardment of military installations near Marcelux which continued next 2 days20 and the result was the destruction of 12 of 15 military installations near Marcelux and killed 50 Aprophian soldiers21.
According to the article 39 of Charter of the United Nations22 for legally use of force by state Security Council should give permission. But the United Nations Security Council adopted resolution condemning Operation Uniting for Democracy23.
2. RANTANIA VIOLATED BASIC PRINCIPLES OF INTERNATIONAL LAW BY USE OF FORCE AGAINST APROPHE.
According to the point “a” of Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations24 one of the basic principles of international relations is that States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations
Point “c” of this Declaration established the duty not to intervene in matters within the domestic jurisdiction of any State, in accordance with the Charter25.
Therefore in accordance with Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations Every State has the duty to refrain from the threat or use of force to violate the existing international boundaries of another State or as a means of solving international disputes, including territorial disputes and problems concerning frontiers of States.
Every State likewise has the duty to refrain from the threat or use of force to violate international lines of demarcation, such as armistice lines, established by or pursuant to an international agreement to which it is a party or which it is otherwise bound to respect. Nothing in the foregoing shall be construed as prejudicing the positions of the parties concerned with regard to the status and effects of such lines under their special regimes or as affecting their temporary character. States have a duty to refrain from acts of reprisal involving the use of force.
Rantania violated all these norms and rules of international law by use of military force against Aprophe.