Fact Petitoner

1.       On August 3, 2018, ten members of the Rohanjee ethnic group residing in the territory of Background
the Republic of Westphalia (the “Rohanjee Victims”) sought refuge in the Embassy of the
Kingdom of Eastphalia in Manila. They were all leaders of the Rohanjee People’s Movement, a
group aggressively protesting the actions of the Westphalian Government against Rohanjees in
Westphalia. They stayed in the embassy while Eastphalian and Westphalian diplomats worked
frantically to negotiate a mutually satisfactory solution.

2. According to Human Rights Advocate, an NGO, the Westphalian

Government’s actions against the Rohanjees constitute genocide. A majority of
Westphalians considers Rohanjees living in Westphalia as “foreigners” who had
illegally settled in Westphalia beginning in the 1900s. In 2014, the Westphalian
government adopted and began implementing a state policy of removing
Rohanjees from Westphalian territory even if they had lived there since birth or
even if they had legal documents that support their claim of Westphalian
citizenship. Since 2016, the Westphalian military has undertaken a brutal
campaign against Rohanjee communities to make their life in Westphalia
unbearable and force them to leave Westphalia. Beginning mid-June 2018,
media reported a sharp surge in brutal actions by the Westphalian military,
seemingly to meet the Westphalian Government’s deadline to “rid Westphalia
and the world of the Rohanjee parasites” by August 22, 2018, the fiftieth
anniversary of the establishment of the Republic of Westphalia.

3. On August 8, 2018, the Westphalian Soldiers were allowed by Philippine

authorities to enter Philippine territory in accordance with the terms of the
VIFEDCA. They immediately proceeded to the Eastphalian Embassy in Manila.
Based on an audio recording made through the Apple Watch of one of the
Rohanjee Victims and transmitted to his Apple Phone in the possession of their
Filipino supporters who were outside the embassy, (i) the Diplomat detained the
Rohanjee Victims in a dark room in the embassy basement and ushered in the
Westphalian Soldiers, who immediately brandished their knives upon entering
the room; (ii) the Diplomat told the Westphalian Soldiers, “Don’t do it here. You’ll
get me in trouble”; (iii) the Westphalian Soldiers attacked and killed all the
Rohanjee Victims; and (iv) the commanding officer of the Westphalian Soldiers
declared, “It is done! The Rohanjees now have no leaders. In a few weeks, we
will completely rid the world of the Rohanjee parasites!”

1.       Also on August 8, 2018, the Westphalia Export-Import Bank (“WEXIM Bank”), a bank that
is owned and controlled by the Republic of Westphalia, offered a concessional loan to the
Philippine Department of Finance (“DOF”) pursuant to the VIFEDCA. After two days of
negotiation, WEXIMBANK and DOF entered into a loan agreement (the “Loan Agreement”) with
the following key terms:

a.     Loan amount: US$1 billion

b.     Purpose: Finance the construction of a joint Philippine-Westphalian military base in the
West Philippine Sea, in an area adjoining the portions occupied by China

c.      Procurement: The contractor for the construction of such military base shall be selected
through mutually agreed procedures
Law governing the agreement: laws of the Republic of Westphalia
1.       Pursuant to the Loan Agreement, WEXIMBANK and DOF agreed to use the “direct
contracting” method of procurement. The Westphalian Government nominated ZTZ
Corporation as the contractor for the project. Immediately, the Philippine Department of
National Defense (“DND”) and ZTZ entered into the Construction Contract.

6. Meanwhile, the audio recording of the killing of the Rohanjee Victims by the
Westphalian Soldiers inside the Eastphalian Embassy in Manila was immediately
shared to the media. The media reported the killings as genocide, which were
part of the brutal campaign by the Westphalian Government to “exterminate”
the Rohanjees in Westphalia and the world. The news story caused political
crises in the Philippines, Eastphalia, and Westphalia. Political opposition groups
in the three countries used the issue of these Rohanjee genocide killings in
Manila to discredit their governments. The Westphalian Soldiers could not return
to Westphalia and instead stayed in a hotel in Metro Manila. The Diplomat stayed
in the Eastphalian Embassy in Manila.

1.       The UN Security Council, acting under Chapter VII of the UN Charter, determined that the
killing of the Rohanjee Victims constituted genocide and a threat to international peace and
security, and referred the matter to the ICC. Upon the request of the ICC Prosecutor, the ICC Pre-
Trial Chamber authorized an investigation into the killings as genocide. Thereafter, the ICC Pre-
Trial Chamber issued warrants for the arrest of the Westphalian Soldiers and the Diplomat. The
Philippines received the ICC request for arrest of the Westphalian Soldiers and the Diplomat but
refused to implement the arrest warrants despite the fact that neither Westphalia nor
Eastphalia has initiated any proceedings against the Westphalian Soldiers or the Diplomat.
Notes Responden
t key
Might be
fact
 Notes
Responsibility to negotiate in good faith
for VCLT; mutually satisfactory solution