MODUS SHOULD NOT SUBMIT TO THE JURISDICTION OF INTERNATIONAL

COURT OF JUSTICE

The country of Modus should not submit to the jurisdiction of International court of justice

because it was following its obligation under international law in rescuing the kids stuck in

Shiviland.

A. MODUS WAS ACTING UNDER THE RESPONSIBILITY TO PROTECT.

The State carries the primary responsibility for protecting populations from genocide, war

crimes, crimes against humanity and ethnic cleansing, and their incitement; the international

community has a responsibility to encourage and assist States in fulfilling this responsibility.

The international community also has a responsibility to use appropriate diplomatic,

1
humanitarian and other means to protect populations from these crimes. If a State is

manifestly failing to protect its populations, the international community must be prepared to

take collective action to protect populations, in accordance with the Charter of the United

Nations.2

The state sovereignty comes into question when it fails to protect its own citizens from

genocide, war, crimes or a natural disaster. 3 Soverinity in todays view of international law is

dependent and conditional upon the states ability to protect its own citizen. 4 In such a

situation when the state fails to protect its own citizens in the case of natural calamities, there

1 J.W. Samuels, The Relevance of International Law in the Prevention and Mitigation of
Natural Disasters, in DISASTER ASSISTANCE: APPRAISAL, REFORM AND NEW
APPROACHES, supra note 17, at 24748.
2 UN General Assembly Resolution A/RES/63/308 on the Responsibility to Protect.
3 Francis Deng et al., Sovereignty as Responsibility: Conflict Management in
Africa (Washington, D.C.: Brookings Institution Press, 1996.
4 Bertrand de Jouvenel, Sovereignty: An Inquiry into the Political Good (Cambridge:
CambridgeUniversity Press, 1957).
is obligation on the international community to come up and provide necessary help to

protect the livelihood of the victims of the natural calamity.5

In the present situation, it is humbly submitted that the Sate of Kritistan was well aware of the

situation of its citizens residing in Shiviland. The state failed to take adequate step to prevent

such wide destruction and to save the lives of the people affected, there was utter disregard

toward the lives of the citizens, the children were trapped in the cave for 4 days without any

assistance from the state, hence it is humbly submitted that the intervention of Modus was

necessary to provide humanitarian assistance and hence it did not breach the sovereignty of

the state of Kritistan.

B. THE STATE OF MODUS WAS FOLLOWING ITS INTERNATIONAL OBLIGATION.

The council would like to humbly submit that as a signatory of the UN Charter, both the

nation in question here have endorsed the responsibility to protect, according to which, 6 there

is an international obligation on the state to provide assistance to another state which is in

need of assistance and also in case when the suffering state is not able to provide relief to its

own citizens,7 then there is a responsibility on the neighboring state to go out of its was and

provide relieve to the suffering state and its citizens. 8 This is understood as providing

humanitarian assistance to the state and people in need, 9 this responsibility to protect is also

important to protect the fundamental human right that has been provided to every person by

the universal declaration of human rights.10

5 Tyra R. Saechao, Natural Disasters and the Responsibility to Protect: From Chaos to
Clarity, 32 Brook. J. Int'l L. (2007).
6 ILC, Draft Articles on the Protection of Persons in the Event of Disasters, see especially
draft articles 6,7, 8 and 9. UN Doc. A/CN.4/L.776 (2010)
7 Strengthening of the coordination of humanitarian emergency assistance of the United
Nations, GA Res 46/182, UN GAOR, 46th sess, 78th plen mtg, UN Doc A/RES/46/182
(1991), [3].
8 U.N. OFF. FOR THE COORDINATION OF HUMANITARIAN AFF. [OCHA], IRIN Web
Special: Disaster Reduction and the Human Cost of Disaster, June 2005,
9 UN General Assembly, Promotion and protection of human rights in post-disaster and post-
conflict Situations, A/HRC/RES/22/16, 10 April 2013
10 Article 3, Universal Declaration of Human Rights.
In the present case, the council would like to humbly submit that Modus in rescuing the

children from the caves were fulfilling their international obligation toward preventing

human right violation and were empowered under the right to protect.