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CASE CONCERNING THE KINGDOM OF WINTERFEL AND THE REPUBLIC OF CASTELEY ROCK
KINGDOM OF WINTERFEL
(APPLICANT)
v.
REPUBLIC OF CASTERLEY ROCK
(RESPONDENT)
I
TABLE OF CONTENTS
INDEX OF AUTHORITIES
STATEMENT OF JUSRISDICTION
IDENTIFICATION OF ISSUES
STATEMENT OF FACTS
SUMMARY OF PLEADINGS
PLEADINGS
ii
iii
INDEX OF AUTHORITY
iv
STATEMENT OF JURISDICTION
Kingdom Of Winterfel and Republic of Casterley Rock, hereby submit the present dispute to the
International Court of Justice (hereinafter, ICJ) pursuant to Article 40(1) of the Court’s Statute,
in accordance with Special Agreement for submission to the Court of the differences between the
parties concerning the bilateral Treaty signed on 16th March 2014. The Parties have accepted
V
IDENTIFICATION OF ISSUES
1. Whether the alleged breach of Casterley Rock’s air boundary by the Winterfel’s patrol
aircraft and subsequent shooting down of the aircraft by the CasterleyRock constitute a
2. Whether the shooting down of Helani by the Casterly Rock Border Guard constitute a
3. Whether the arrests of Winterfellian Law students by Casterly Rock authorities constitute
4. Whether the arrest of Casterley Rockian citizen by the Winterfellian security forces and
other incidents in the border region involving “Nights Watch” group establish a link
between the Nights Watch and Casterley Rock authority that may establish a violation of
vi
STATEMENT OF FACTS
Kingdom of Winterfel (hereinafter, Winterfel) is a country vast in size but relatively light in
population. The Republic of Casterley Rock borders Kingdom of Winterfel and the region of
Wildingo to the east. The Casterly Rocks border on the waters of eastern Bay to the north has
People of Winterfel popularly called as Northmen or Northerners. Some of the Northman live in
remote, distinct areas called Wildingo where they act little more as clans or tribesman. Which is
an autonomous region of the sovereign Kindom of Winterfel. They are allowed to maintain their
own ways and traditions in addition to laws as long as they remain loyal to the constitution of
Winterfel. Also under the name Windingo, Kingdom of Winterfel, the territory co-operates with
foreign nations in international organizations. People of the Windingo are happy with the rulers
but there is an insurgency in existence in this part by a sparest group named ‘Night Watch”. The
Group’s aim is to make an independent sovereign state from the administration and federation of
VII
THE BORDERS OF EASTERN BAY
In 2010 five CasterleyRockian fishermen were found dead at the borders of eastern bay adjacent
to ‘Wildingo’. Despite several investigations, the reason behind their death is unknown but it is
popularly believed that the separatist group ‘Night Watch’ is involved with the killing and this
group plots to create rift between Casterley Rock and Winterfel. However, those killing bullet for
the fishermen can only be loaded in a gun named “unsullied”, which is made in Winterfel.
The CasterleyRockian man was arrested while spying against Winterfel. The arrest was led by
Winterfel by secret service intelligence as they have seized a document where the citizen of
CasterleyRockian had been in contact with ‘KhalDrago’ who is reported to have ties with Night
Watch upper echelon leaders. Such act of CasterleyRockian is the violation of the international
KILLING OF HELANI
On 2013, a 10 years old girl of the Winterfel had been killed by the border guard of the
CasterleyRockian while she had mistakenly crossed the Winterfel border and went to the lands of
Casterley Rock. The border guard of Casterley Rock by using the term national safety had shot
The three ordinary citizens who went to Casterley Rock to pursue PhD degree from Casterley
University had been arrested unlawfully. Though a bilateral treaty is there between them,
Casterley Rock, without paying any heed to the treaty, arrested the students arbitrarily.
On 7th April 2017, a patrol aircraft of Winterfel while taking routine training mission inside the
SUMMARY OF PLEADINGS
INTERNATIONAL LAW.
The Winterfelin didn’t violate the Rockian air space, rather it was flying over its territory.
The Casterley Rock Airforce don’t have right to shoot down the aircraft while it is flying
inside the border of Winterfel border. The Casterley Air force violated the territorial
sovereignty they have breached the bilateral treaty as well. And as a result of breaching
Article 3 of the UDHR ensures the right to life, liberty and security of person, which the
The Convention on the Right of Child declares that children shall not be subject to torture
and Casterley Rock failed to comply with that. They have used their weapon
Finally the breach of International Law and obligation entails the Casterley Rock to pay
3 Innocent students who went to Casterley Rock for pursuing PHD were arrested arbitrarily
without informing concerned state’s embassy and retained in the custody for more than 48 hours.
The Connection of Casterley Rock’s citizen with Night Watch group is violation of the UN
Charter rule of non-interference with territorial and political integrity of other states.
XI
PLEADINGS
1. The alleged breach of Casterley Rock’s air boundary by the Winterfel’s patrol
aircraft is frivolous and subsequent shooting down of the aircraft by the Casterley
Rock constitutes a violation of international obligation.
Sovereignty is the full right and power of a governing body over itself, without any
interference from outside sources or bodies. Each State has complete and exclusive
sovereignty over the airspace above its territory. That is an undisputable fact. 1 The
aircraft of Winterfel merely flew on a routine training over its territory. But the Air Force
of Casterley Rock, by shooting down, causes enormous loses of life and property.
Casterley Rock has breached express obligations under the Charter of the United Nations,
the bilateral Treaty between two states, and has violated fundamental rules of general and
customary international law. By performing such unlawful activities, Casterley Rock has
incurred an international legal responsibility and is bound to cease such activities
forthwith and to pay Winterfel reparations for the damage and prejudice suffered. The
issue is divided on three sub-issues.
A. Winterfel’s patrol aircraft didn’t violate the Rockian air space, as the aircraft was
flying inside its border.
Winterfel’s patrol aircraft merely flew on a routine training mission with 16 people inside
Winterfelian air space. Though the Casterlian authority were claiming that the aircraft
had went to their air space but the debris of the plane was found inside Winterfel’s
border.2 Even if the aircraft had flown inside the border, the Casterlian Air force don’t
have right to kill those unarmed 16 civilians. According to Article 52 Protocol I, civilian
objects are not to be the object of attack or reprisals.3 And Article 57 provides that in the
conduct of military operations, ‘constant care shall be taken to spare the civilian
population, civilians and civilian objects’.4
B. Rockian Border guard has unlawfully used force and violated Territorial
Sovereignty by shooting down Winterfel’s aircraft into its territory.
By shooting down aircraft of the Winterfel in its territory CasterleyRockian Air Force has
violated the rule of customary international law ‘not to use force unlawfully against
1
Chicago Convention
2
Compromis; page 8, para 15
3
Fourth Geneva convention, Protocol I, Art. 52
4
Fourth Geneva convention, Protocol I, Art. 57
1
Charter which every member state is bound to follow. “All Members shall refrain in their
international relations from the threat or use of force against the territorial
with the Purposes of the United Nations”5Casterley Rock’s unprovoked and blatant use
of force against an unarmed Winterfel aircraft over Winterfelin territorial air space
contravenes the basic purpose of the United Nations, To maintain international peace
and security, and to that end: to take effective collective measures for the prevention and
removal of (1) threats to the peace, and for the (2) suppression of acts of aggression or
(3) other breaches of the peace.6. Not only that to appease and pacify the tensions and
the hostile squabble between them, both of them came into a bilateral Treaty and in
which they both recognize and will respect each other’s sovereignty, territorial integrity
C. By Chance if Winterfelin air force had violated the air boundary of Casterley Rock,
also then the CasterleyRockian Air force don’t have right to shooting down a
Under Protocol I, ‘In the conduct of military operations, constant care shall be taken to
spare the civilian population, civilians and civilian objects’.8(Article 57) And where it is
unclear whether a target is used for military purposes, ‘it shall be presumed not to be so
5
Article 2(4) UN Charter
6
Article 1, UN Charter
7
Compromis page11, Article 2
8
Geneva Convention, Additional Protocol I, Article 57
2
used’ (Article 52(3)) So as they were not sure or nor find any evidence about the aircraft
has used for military purpose, they didn’t have any right to shoot it down and as a result
they have clearly violated the international Law and its obligation.
There is a breach of an international obligation by a State, when an act of that State is not
character.9 The violation of legal obligation by the Casterley Rock is bound to face legal
consequences10. “The responsible state is under an obligation to make full reparation for
2. The shooting down of Helani by Casterley Rock Border Guard constitute a breach of
international law.
On January 5, 2013 a girl of 10 year old named Helani mistakenly crossed the border of
Winterfel and went to the lands of Casterley Rock.12 The Helani get shot at her several times
by the border guard of Casterley Rock.13 The border act was violation of International law as
A. Shooting down Helani is a violation of international law, as 10 years old girl poses no
9
Article 12 of Responsibilities of states for international wrongful act ,2001
10
Article 28 of Responsibilities of states for international wrongful act ,2001
11
Article 31 of Responsibilities of states for international wrongful act ,2001
12
Copromis Page 7, Para 10
13
Ibid 14
14
Ibid 15
Helani was a 10 years old girl. According to the Latin term DoliIncapax which means “incapable of
doing harm”15The common law presumes that a child between the ages of 10 and 14 does not
possess the necessary knowledge to have a criminal intention.16 So Children are not subject
to any harm.17 But the hilarious fact is that the border guard of Casterley Rock in excuse of
According to Article 3 of the UDHR, “Everyone has right to life, liberty and security of
prohibitions of torture and cruel and unusual punishment.20 The Rockian border guard has
The Convention on the Right of Child 1989 deals with the child-specific needs and rights.22 It
aresignatories and around country have ratified.24 In resolution 44/25 of 20 November 1989, it
came into effect.25According to Article 37 “No child shall be subjected to torture or other cruel,
imprisonment without possibility of release shall be imposed for offences committed by persons
15
https://competitiondigest.com/doli-incapax-review/
3
16
www.childrenscourt.justice.nsw.gov.au/.../doliincapax-thecriminalresponsibilityofchild.
17
https://www.regjeringen.no/en/dokumenter/the-children-act/id448389/
18
Compromis, Page 7
19
UDHR Art. 3
20
https://en.wikipedia.org/wiki/Security_of_person
21
Compromis page-7
22
https://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child
23
Statute of the International Court of justice, Article 38(c)
24
https://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child
25
CRC, Preamble
below eighteen years of age”.26CasterleyRockian border guard has violated the rule by killing a
child.
Article 51(2) of the Geneva Convention Protocol I spells out unambiguously that civilian
population as well as individual civilians shall not be the object of attack’27 The Casterley Rock
has ratified the Geneva Convention.28 It’s their duty to save civilian from object of attack but
B. the Border guard of Casterley Rock used the weapon unnecessarily, and shot several
Article 3 of the 1979 Code of Conduct stipulates that law enforcement officials may use force
‘only when strictly necessary’.29 But the Border Guard of CasterleyRock used force
unnecessarily.30 Furthermore force must not be used indiscriminately, for example against
minors.31
Use of deadly force ‘only when necessary, that is, when the officer/agent has a reasonable
belief that the subject of such force poses an imminent danger of serious physical injury
26
Article 37, CRC
27
Protocol I, Geneva Convention 4
28
Compromis, Page 5
29
Use of force in Law Enforcement and right to life, Article 3
30
Compromis, Page 7
31
Use of force in Law Enforcement and right to life page 7
or death.32 The killing of a 10 year old girl on ground of national safety is baseless and
unjustifiable.33
suffered.
responsible for an international wrongful act is under an obligation to compensate for the
damage caused thereby, insofar as such damage is not made good in restitution35
Winterfelin Law students, who went to pursue PHD from Casterley University. 37 Arbitrary
arrest is prohibited by the bilateral treaty between them,38 which was concluded on 16th
March, 2010.39 According to the bilateral treaty, “No one shall be arrested without informing
32
US Customs and Border Protection, Use of Force Policy, Guidelines and Procedures Handbook,
Office of Training and Development, HB 4500-01C, May 2014, p 3, s D(3), https://www.cbp.gov/sites/
default/files/documents/ UseofForcePolicyHandbook.pdf.
33
ibid 7
5
34
Compromis, page 7
35
Article 36, Responsibilities of states for internationally wrongful act.
36
https://en.wikipedia.org/wiki/Arbitrary_arrest_and_detention
37
Compromis, Page 8, Para 12
38
Compromis, Page 11, Article 4
39
Compromis, Page 7, Para 11
the concerned state’s embassies”40 and “He/She shall not be detained for more than 48
hours”41 But the CasterleyRockian authority instead of making them free, kept them in
As well as, the International Covenant on Civil and Political Rights specifies the protection
So, the arrest of the Winterfelin law students without any primary evidence is violation of
bilateral treaty45as well as international law. By considering the studentship of them, they
4. the arrest of CasterleyRockian citizen by the Winterfellian security forces and other
incidents in the border region involving “Nights Watch” group establish a link between
the Nights Watch and Casterley Rock authority that may establish a violation of
The killing incident of the Five CasterleyRockian fisherman on 9th April 2010 on the borders
of eastern bay create a rift between Casterley Rock and Winterfell.46 The insurgency group
Night Watch plots working successfully as Winterfelin secret service intelligence arrested a
man of Casterley Rock who had been in contact with a man named
40
Compromis Page 11, Article 4
41
Ibid 39
42
Ibid 36
43
UDHR Article 9
6
44
ICCPR, Article 9
45
Ibid 39
46
Compromis, page 6
“KhalDrogo”.47KhalDrogo a man who is reported to have ties with Night Watch’s upper
with the insurgency separatist group Night Watch, which is violation of non-
interference obligation.
Non-intervention rule is a principle of international law that restricts the ability of outside
nations to interfere with the internal affairs of another nation. 49 According to the document
that has ceased from the CasterleyRockian citizen prove that CasterleyRockian Citizen has
connection with the terrorist organization called Night Watch50, who are deliberately killing
many civilians and destroying many civilian properties and also trying to separate ‘Wildingo’
from the present state. This connection is an act of violation of non-interference obligation on
CasterleyRockian side.51
In the Nicargua case, the Court declared that the principle of non-intervention prohibits a
state ‘to intervene, directly or indirectly, with or without armed force, in support of an
internal opposition in another state’ and went on to say that acts which breach the principle of
non-intervention ‘will also, if they directly or indirectly involve the use of force constitute a
47
Compromis Page 7, Para 9
48
Ibid 46 7
49
http://www.judicialmonitor.org/archive_spring2014/generalprinciples.html
50
Compromis, Page 7 para 9
51
Compromis, Page 5,6 Para 4,5,9
52
ICJ Reports, 1986, pp. 14, 108 and 109-10
Violation of use of force obligation is prohibited by UN Charter .53According to Article 2(4) of the
UN Charter “All Members 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. This article has used to indicate
the prohibition of the Threat or use of force against territorial integrity or political
independence”.54
For the forgoing reasons, the Applicant respectfully requests this Honorable Court to find
I. the alleged breach of Casterley Rock’s air boundary by the Winterfel’s patrol aircraft
is frivolous and subsequent shooting down of the aircraft by the Casterley Rock
II. the shooting down of Helani by Casterley Rock Border Guard constitutes a breach of
international law.
III. the arrests of Winterfellin Law students by Casterley Rock authorities constitute a
violation of bilateral treaty between the two states.
IV. the arrest of CasterleyRockian citizen by the Winterfellian security forces and other
incidents in the border region involving “Nights Watch” group establish a link
between the Nights Watch and Casterley Rock authority that may establish a violation
of international non-interference obligation on Casterley Rock’s part.
Respectfully submitted,
53
UN Charter 2(4)
54
https://pesd.princeton.edu/?q=node/258 8