17TH

D.M. HARISH MEMORIAL GOVERNMENT LAW COLLEGE

INTERNATIONAL MOOT COURT COMPETITION

11TH - 14TH FEBRUARY, 2016

HOSTED BY:

IN ASSOCIATION WITH:

D. M. HARISH FOUNDATION






INTERNATIONAL COURT OF JUSTICE

COMPROMIS
BETWEEN THE FEDERAL REPUBLIC OF RATANKA AND CONFEDERATION OF
UNITED PROVINCES (APPLICANTS)
AND THE REPUBLIC OF ANGHORE (RESPONDENT)
TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE
THE DIFFERENCES BETWEEN THE PARTIES
CONCERNING DIPLOMATIC PROTECTION, SAFE PASSAGE AND EXTRADITION OF
BOBERT TIRES
Jointly notified to the Court on 12 October 2015

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JOINT NOTIFICATION
ADDRESSED TO THE REGISTRAR OF THE COURT:
The Hague, The Netherlands, 12 October 2015

On behalf of the Federal Republic of Ratanka and Confederation of United Provinces (the
Applicants) and the Republic of Anghore (the Respondent), in accordance with
Article 40(1) of the Statute of the International Court of Justice, we have the honour to
transmit to you an original of the Compromis for submission to the International Court of
Justice of the Differences between the Applicant and the Respondent concerning the
Diplomatic Protection, safe passage and Extradition of Bobert Tires, signed in The Hague,
The Netherlands, on the twelfth day of October in the year two thousand and fifteen.

______________________

______________________

Ambassador of the Federal Republic of

Ambassador of the Republic of

Ratanka to the Republic of Anghore

Anghore to the Federal Republic of

Ratanka

Ambassador of the Confederation of

Ambassador of the Republic of

Provinces to the Republic of Anghore

Anghore to Confederation of United

Provinces

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COMPROMIS
SUBMITTED TO THE INTERNATIONAL COURT OF JUSTICE BY
FEDERAL REPUBLIC OF RATANKA AND CONFEDERATION OF PROVINCES
(Applicants) AND REPUBLIC OF ANGHORE (Respondent)
ON THE DIFFERENCES BETWEEN THEM CONCERNING
THE DIPLOMATIC PROTECTION, SAFE PASSAGE AND EXTRADITION OF BOBERT
TIRES.
The Federal Republic of Ratanka and Confederation of United Provinces and the Republic
of Anghore
Considering that differences have arisen between them concerning the Diplomatic
Protection, Safe Passage and Extradition of Bobert Tires;
Recognising that the Parties concerned have been unable to settle these differences by
negotiation;
Desiring further to define the issues to be submitted to the International Court of Justice
(hereinafter referred to as the Court) for settling this dispute;
In furtherance thereof the Parties have concluded the following Compromis:
Article 1
The Parties submit the questions contained in the Compromis (together with Corrections
and Clarifications to follow) to the Court pursuant to Article 40(1) of the Statute of the
Court.
Article 2
It is agreed by the Parties that The Federal Republic of Ratanka and Confederation of
United Provinces shall act as Applicants and the Republic of Anghore as Respondent, but
such agreement is without prejudice to any question of the burden of proof.
Article 3
(a) The Court is requested to decide the Case on the basis of the rules and principles of
international law, including any applicable treaties.

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(b) The Court is also requested to determine the legal consequences, including the rights
and obligations of the Parties, arising from its Judgment on the questions presented in the
Case.
Article 4
(a) Procedures shall be regulated in accordance with the applicable provisions of the
Official Rules of the 2016 D.M. Harish International Law Moot Court Competition.
(b) The Parties request the Court to order that the written proceedings should consist of
Memorials presented by each of the Parties not later than the date set forth in the Official
Schedule of the 2016 D.M. Harish International Law Moot Court Competition.
Article 5
(a) The Parties shall accept any Judgment of the Court as final and binding upon them and
shall execute it in its entirety and in good faith.
(b) Immediately after the transmission of any Judgment, the Parties shall enter into
negotiations on the modalities for its execution.

In witness whereof, the undersigned, being duly authorised, have signed the present
Compromis and have affixed thereto their respective seals of office.
Done in The Hague, The Netherlands, This twelfth day of October in the year two
thousand and fifteen, in triplicate in the English language.

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COMPROMIS
1.

Bobert Tires is a national of Scandinatia. After completing his undergraduate

education and qualifying with a joint degree in law and political science, Bobert Tires
went to Federal Republic of Ratanka (Ratanka), to pursue a Masters Degree. He
obtained an LLM degree in International Legal Studies from a reputed university in
the capital city of Ratanka. During his further studies he did an internship with a
Member of Parliament, the legislative organ of the Government in Ratanka. The
requirement for doing such an internship was to maintain strict confidentiality in
respect of any official documents including discussion papers to which an intern may
have access. After Bobert Tires graduated with a Masters Degree, the Ministry of
External Affairs of Ratanka appointed him as an advisor on foreign legal issues.

2.

The Ministry of External Affairs in Ratanka oversees the functioning of the Foreign
Intelligence Agency (FIA). The FIA is a part of the executive administration of the
Government of Ratanka. Scholars in Ratanka have questioned the legal basis for its
authority and functioning. In fact, the Ratanka Civil Liberties Union (RCLU) has
filed a class action petition, which is pending before, the 9th District Circuit Court in
Ratanka. This class action petition seeks as its final relief the immediate
discontinuation of the FIA and in the alternative, the framing of legislation to regulate
the functioning of the FIA and to make the same transparent. Briefly stated, Ratankas
response to the class action petition is that the FIA is a part of the executive set up of
the Ratanka and the requirement for a legislation to justify its existence and
functioning is antithetical to the written Constitution of Ratanka, which is premised
upon the theory of Separation of Powers.

3.

Bobert Tires signed a contract of engagement with Ratanka when he was appointed
as an advisor. The contract of engagement contained various waivers of rights by
Bobert Tires. These were considered necessary because of the sensitivity of a foreign
national working for the Ministry of External Affairs. One of the clauses in this
contract provided that in the event of Ratanka believing that Bobert Tires has acted
against the interest of Ratanka in the performance of his duties either in Ratanka or
whilst abroad, Bobert Tires accepts the jurisdiction of the Courts of Ratanka to
adjudicate upon such matters. When Bobert started working for the Ministry, he did

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not have any connection with matters being investigated by the FIA. Over time, given
his commendable performance and the trust that was reposed in him, Bobert Tires
was asked to work on a White Paper for discussion on the compliance of investigative
modes and methods adopted by the FIA with foreign legal requirements and
standards. Whilst working on this White Paper, Bobert Tires accessed files and
documents over the last fifteen years of the FIA. Amongst other things these
documents disclosed that the FIA had been using state of the art technology and a
network of agents in foreign jurisdictions to gather information including: recording
of conversations between foreign heads of states, details of military and defence
acquisitions and the development of space programs of various countries. On
discovering the means and methods adopted by the FIA and the pervasive and
comprehensive data gathered by the FIA, Bobert Tires became disillusioned and
began questioning the practices of the FIA. By reading through FIAs files and
documents, Bobert Tires learnt of the manner in which this information was
protected on digital formats and the codes to access the digital formats, which stored
this information. After two years of working on the White Paper and seven days
before Bobert Tires was to be interviewed for grant of citizenship by Ratanka
(Ratanka recognises dual nationality), Bobert Tires left Ratanka for the Confederation
of United Provinces (CUP).
4.

The laws of CUP recognize the right of free speech as a basic right with reasonable
restrictions. On 28th January, 2012 an association was formed by expatriates and
immigrants having permanent residence in CUP, known as the One World Alliance
(OWA). The object of this association was to highlight how international
organisations and institutions, such as the United Nations, World Trade Organisation
and major political organisations across the world were completely dominated by the
larger global economies and military powers and that there was systemic
discrimination against smaller countries in the functioning of these international
organisations. OWAs campaign was to highlight how smaller countries and in
particular developed countries that have acceded to the membership of these
organisations had compromised their sovereignty to a significantly greater extent
than larger and well-developed economies.

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5.

Bobert Tires came into contact with members of the OWA within a month of being in
CUP. He learnt about the activities of the organisation and identified with their
campaign. He was told that their campaign was suffering because they were not able
to adequately expose the hegemony of larger and developed states. Bobert Tires soon
began to informally advise them on how to take their message to the public at large.
He said that OWA must exploit social media to reach out to the people of not just CUP
but the world over to advance their campaign.

6.

OWA then set up an account on Facebook and Twitter. Initially, the response was
tepid as, perhaps, the information and content published by OWA was too theoretical.
On 7th March 2014, the Facebook and Twitter account of OWA carried a post: The
worlds powers intimidate ambassadors and representatives of smaller countries not to
raise certain subjects and issues of discussion at the course of discussions in the United
Nations. And we will expose this.

7.

After OWAs post indicating a forthcoming expos, OWAs Facebook & Twitter pages
saw a monumental rise in its followers and data traffic on its social media pages.
Within days of its announcement to reveal such information, OWA published, on its
social media pages, a link to a website. The website set what appeared to be
transcripts of a conversation, between the Heads of State of Granje and Alleja, two
Lesser Developed Countries, supposedly recorded at United Nations Sustainable
Development Summit, 2008. Ratanka about the incentives offered the conversation
transcribed to them for a giving up their demands for recognising certain agriculture
produce as geographical indications and consequently allowing big Ratanka
corporations to claim intellectual property rights over similar products. The
conversation displayed on the website did acknowledge that the people of Granje and
Alleja would suffer but referred to the pay-out being too substantial to overlook. The
conversation then trails off with Head of State for Alleja saying ... and if we dont, it
will be just as bad as economic sanctions without it actually being a sanction, so we will
not even be able to protest it.

8.

This information was immediately lapped up by mainstream media around the world,
evoking mixed reactions, with many denouncing what was dubbed as Ratankas
strong armed practices while some questioned the authenticity of OWAs

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information. In the week after the release, OWA was the search term with the most
significant growth worldwide as measured by Internet search engines like Google.
9.

This was followed by many more such frequent leaks, where OWA began publishing
diplomatic cables, containing sensitive information, which OWA claimed were
received from an anonymous source. The contents of the diplomatic cables including
numerous unguarded comments and revelations regarding: critiques and praises
about the host countries of various Ratankian embassies; political manoeuvring
regarding climate change; discussion and resolutions including those that are part of
bilateral talks between States not involving Ratanka towards ending ongoing tension
in oil producing nations; efforts and resistance towards nuclear disarmament; actions
in the war on terror; particularly measures taken by other States to deal with non-
state actors . This came to be known in contemporary media as the Communigate
scandal and OWA claimed that it was ...the largest leak of diplomatic cables and State
records in history...

10. This gave rise to large-scale dissatisfaction against the practices and policies of the
Government of Ratanka, on the international level. Faced with such widespread
public discontent, Ratankas Ministry of External Affairs, through diplomatic
channels, requested CUP to take immediate affirmative action against the OWA. On
4th May, 2014, Ratankas Minister of External Affairs, Mr. Henis Kampberg, met with
his counterpart of CUP. At that meeting, Mr. Henis Kampberg reiterated that the
information being published by OWA was part of the intelligence gathered by
Ratanka and were State Secrets and State Property and in light of the same, CUP was
expected to take steps to prevent OWA from publishing such information and that
inaction on the part of CUP would be understood by Ratanka to be an irretrievable
breakdown of diplomatic relations.
11. Considering the gravity of the leaks and the secretive nature of the information
therein, the FIA began its own investigation to ascertain how such information had
been leaked. As part of its investigation FIA probed into the profiles and status of the
employees and ex-employees of the Ministry of External Affairs of Ratanka (being
about 3500 in no.) who may have had access to such information. The FIA narrowed
down on Bobert Tires as the likeliest sources of the leaks.

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12. One week later the Minister of Home Affairs, blocked OWAs website on which such
information was being displayed. OWA filed a petition challenging the action of the
Government of CUP in the High Court Queens Bench Division, praying for the
immediate activation of OWAs website. OWA argued that such an action on the part
of CUPs govt. was against the right of free speech which was inviolable and
protected under the laws of CUP. The High Court Queens Bench Division while
delivering its judgement on 11th July 2014 upholding the right to free speech, stated
that the deactivation of OWAs website would be an act of excessive pre-censorship
and accordingly partly allowed the petition, observing that the Government of CUP
had not brought an action against any particular posts that were specifically
inflammatory on an international scale and which could therefore be perceived as
being covered under the reasonable restrictions exception to the right to free speech.
It said that if an appropriate action is brought against a specific release of information
that would be considered independently to determine if it jeopardized the safety and
security of CUP or its friendly relations with foreign States. CUP has appealed against
this judgment, which is presently pending in the Court of Appeal, Civil Division.
13. On 9th September, 2014, OWA released a report on its website detailing the illegal
activities undertaken by Ratanka in a territory outside the mainland of Ratanka. The
report stated that at these detention camps there was rampant torture of prisoners
of war in specialised concentration facilities in contravention of Article 16 of the UN
Convention on Torture. The Ratankian Army had in the past repeatedly denied these
allegations and said that these reports evoke a false sense of sympathy for the worlds
most hardened terrorists. The report in fact stated that such is the disdain that
Ratanka has for international law and the law of foreign states; that it does not even
bother to determine if its methods are permitted by the laws of foreign states.
14. On 9th September 2015 the OWA published each countrys negotiating position to a
proposed multilateral convention to identify and codify the civil use of nuclear energy
and power. The Nuclear Annex sought to regulate state schemes for nuclear power
stations and associated industries.
15. On 2nd October, 2014, Ratankas official response to the Communigate scandal was
published online, wherein Mr. Henis Kampberg was quoted as stating that Mr. Bobert
Tires had been declared as an enemy of the State, responsible for leaks to OWA & that

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OWA was a terrorist organisation that was functioning as a rogue association and it
was a threat to global security. He said Bobert Tires must be brought to justice and
prosecuted in Ratanka
16. Ratankas lawmakers and called for Bobert Tires to be charged with espionage or for
conspiracy to obtain secret documents, arguing that he intended to sabotage
Ratanka's foreign policy and endangered lives of Ratankians by revealing all of the
above information.
17. On 12th October, 2014 Bobert Tires was arrested by the CUPs Criminal Investigation
Division, and produced before a Magistrates Court. The Magistrates Court granted
bail to Bobert Tires under the provisions of Bail Act, 1932. However, as a condition to
the grant of bail, Bobert Tires was required to immediately hand over his
Scandinatian Passport and travel documents as security for his surrender into
custody.
18. Simultaneously, authorities in Ratanka began criminal investigations against Bobert
Tires with a view to prosecute him under the Ratanka Espionage Act, 1917.
Ratankas Attorney General was quoted as stating that there was an active, ongoing
criminal investigation into OWA and Bobert Tires. It emerged through newspaper
reports that Bobert Tires and others were likely to be formally indicted on various
charges including treason, sedition and communicating national security
information to an unauthorized source, theft of Ratankian Government property,
and causing to be published, intelligence belonging to the Federal Government of
Ratanka, having knowledge that intelligence published on the internet is accessible to
the enemy and also aiding the enemy,. A conviction under a scheme of these
charges was punishable with Capital Punishment
19. Bobert Tires complied with this condition. He was thereafter released on bail. While
he was out on bail, Bobert Tires came in contact with Ms. Tolo Koure, an Executive
Assistant to the Ambassador of the Republic of Anghore (Anghore) in CUP.
Anghore is a lesser developed nation. Tolo Koure while sympathising with Bobert
Tires, expressed admiration for the work carried out by OWA and advised him to
meet with the Ambassador of Anghore. A tabloid in CUP, known as The Moon
photographed Bobert Tires outside the Embassy of Anghore and published the

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photograph captioned: One Nations Traitor is anothers Messiah! Clandestine

discussions with the OWA Mastermind!
20. A week later Anghore announced that Bobert Tires had been granted political asylum,
and that Bobert Tires was at the Anghorian Embassy in CUP. The following day, the
Ambassador of Anghore confirmed that Bobert Tires could stay at the embassy
indefinitely. Anghore reasonably believes that he [Bobert Tires] may become a victim
of political persecution.
21. On 22nd October, 2014 Ratanka issued an Extradition Request to CUP under the
provisions of the Extradition Treaty of 2003 (BET) between Ratanka and CUP, on
the grounds that Bobert Tires was required to be tried in Ratanka, for various crimes
committed by him. The Government of CUP approached the Anghorian Embassy for
the immediate release of Bobert Tires for his deportation to Ratanka for trial. CUP
maintained that the grant of political asylum was in itself an illegal and void act given
that Bobert Tires was on bail at the time.
22. However, the Anghorian Embassy refused to release Bobert Tires, maintaining that
the action against him was politically motivated and posed an imminent threat to his
life. The Anghorian Embassy as stated that it was not obliged to release Bobert Tires,
since it was under no treaty obligation and that there was strong evidence that
Bobert Tires faced possible persecution for political offences in the event that he was
released.
23. In response to this, CUP stationed officers of its Metropolitan Police Service outside
the Anghorian Embassy to arrest Bobert Tires should he try to leave. The situation on
the ground became a live siege of the Embassy and Anghore complained that CUP was
violating Diplomatic Privileges by regulating the functioning of Anghorian Embassy
by restricting access of people and provisions
24. On 15th December, 2014 Ratanka and CUP declared that they were imposing a trade,
economic, and financial sanction against Anghore, and that such an embargo had
been declared indefinitely. The stated purpose of the embargo was to maintain
sanctions on Anghore so long as Anghore refused to place value on the maintenance
of international peace and take substantial measures against the harbouring of
terrorists and fugitives. In response to this, Anghore wrote to the United Nations,

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stating its position that the embargoes be lifted, describing them as an act of force
and a violation of International Law.
25. Scandinatia and CUP are also signatories to a Multilateral Extradition Treaty of 1995
(MET) under which, if an arrest warrant is issued by any of the signatory states, it
is valid throughout all other states that are signatories to the treaty. Once an arrest
warrant is issued under MET, it requires a signatory state to arrest and transfer a
criminal suspect or sentenced person to the issuing state so that the person can be
put on trial or complete a detention period. Ratanka is not a signatory to MET.
26. On 28th December 2014, while Bobert Tires was staying at the Anghorian Embassy,
Scandinatia issued an arrest warrant against Bobert Tires for allegedly sexually
assaulting two women, in 2008, prior to him having left for Ratanka.
27. Scandinatian prosecutors sought for Bobert Tires to be extradited to Scandinatia, and
Anghorian officials expressed concern over the fact that the Scandination arrest
warrant was only a means to cause Bobert Tires lose his status of protection so that
he could be extradited to Ratanka. Scandinatia called Anghore's decision completely
absurd and an abuse of the asylum instrument, Subsequently, Anghorian officials
contacted Scandinatian authorities to secure an assurance that, if extradited to
Scandinatia, Bobert Tires would not be extradited to Ratanka. There has, however,
been no response received from Scandinatia to this proposal.
28. Soon, after he began his stay at the Anghorian Embassy, it was reported in local
media that Bobert Tires had developed a potentially life threatening heart defect and
a chronic lung condition and was battling for life, within the confines of the
Anghorian Embassy. It was also reported that the requisite medical care could not be
provided to him, as he was unable to leave the Anghorian Embassy for fear of being
arrested. This report was ratified in an official statement issued by the Anghorian
Embassy a week later, stating that Bobert Tires was out of danger and had been
stabilised, but there was fear that his condition could worsen and his health could
deteriorate if remedial measure were not undertaken and he was not given prompt
and adequate medical care. The Anghorian Embassy also stated that the Anghorian
Government had agreed that Bobert Tires could be hospitalised for specialised
treatment in Anghore.

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29. The Anghorian Embassy wrote to the Government of CUP expressing hope that CUP
would respect its decision and allow Bobert Tires the right to leave for Anghore
without any right to arrest, on humanitarian grounds. The Government of CUP
rejected this request, on the grounds that the purported illness of Bobert Tires had
not been verified by CUP and as such they could not process the same.
30. In the meantime disclosure of information by OWA continued but with less
frequency.
31. Given the impasse, Ratanka, CUP and Anghore agreed to have the dispute referred to
the International Court of Justice for adjudication under Article 40(1) of the ICJ
Statute. The question of admissibility of claims and standing to bring particular
claims was however kept open.
32. Given the interests of Ratanka and CUP are aligned, other than two separate
references it was agreed that they could be co-applicants.
33. Broadly, Ratanka and CUP contend that Anghore is bound to honour the extradition
request and the grant of political asylum is contrary to International Law. CUP further
contends that Anghore is subverting its judicial process and its commitment to
foreign status. Anghore refutes this and further contends that Ratanka has breached
International Law by the manner and nature of information gathered by the FIA. It
also claims that Bobert Tires is allowed safe exit to Anghore on humanitarian
grounds. Further, it claims that the siege of the Anghorian Embassy is a violation of
International Law.


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