JESSUP 2009

Republic of Alicanto v. Commonwealth of Russia

DIFFERENCES BETWEEN THE STATES CONCERNING OPERATION PROVIDE SHELTHER

1950s Alicanto & neighboring states were colonies of Ravisai 29/10/58 Independence of Alicanto 1960 Formation of R-FAN (Association of Ravisias former colonies dedicated to maintaining political, cultural and educational links & promoting democracy 1958 to 2000 Good relations between the two nations with Ravisian becoming the official language of Alicanto, close economic relations

Controlling interests in mineral extraction, light manufacturing & tourism sector (3 largest of the Alicantan economy)

Dasu

95% of the Alicanto total population

Zavabi

Some scholars say Dasu & Zavaabi are ethnically distinct although others say they are simply different strains of same ethnic group Almanacs say 30% - Dasu, 50% Zavaabi; 15% both

SIMILARITIES BETWEEN THE TWO ETHNIC GROUPS - LITTLE RECORD OF STRIFE BETWEEN THE TWO - RESEMBLE ONE ANOTHER PHYSICALLY - INTERMARRIED FREELY - ESPOUSE THE TALONNIC RELIGION - MEMBERS OF EACH OTHER HAVE BEEN ACCEPTED

Dasu 1. Occupied mid and upper level position in business and administration in Alicanto

Zavaabi

2.Embraced more orthodox interpretation of Talonnic faith

3. Average standard of living has exceeded

CANONS TALONNIC FAITH(16TH CENTURY)

Precludes women in public life and restrictions to own property Person who transgress requirements of faith or who commit homicide, adultery and blasphemy be put to death Allegorical interpretation Other countries women better life, death penalty abolished

Early 1990s Guardians of the Talonnic Way began to attract substantial following
To return to Talonnic orthodoxy Incorporate them in the legal system

1995 - Economic recession and thus political support for Guardians surged 1996 to 2004 200 person unicamarel legislature (3 to 66)

New Bennu Former colony of Ravisia and eastern neighbor of Alicanto

Entirely composed of Zavaabi and Dasu

Border shared comprising of Rocian Plateau mostly occupied by Zavaabi Alicantan side of plateau responsible for harboring smugglers, illegal arms traffickers, bustling drug trade

Rough terrain in Plateau makes law enforcement difficult 2000 Earth without Frontiers (NGO) concluded Alicantan authorities turning blind eye

Out of fear that Dasu dominated national government took action in majority Zavaabi region

Government of New Bennu also dominated by Dasu

New Bennu threatened to

Fortify the portion of their plateau Interdict undocumented travellers

NB reported drug trade and gun violence reached epidemic proportions prompting to take Zero Tolerance policy
March 2005

NB Military began air surveillance to track & prevent movement of illegal goods

NBs policy met with violent retaliation by armed groups in Rocian Plateau

Battle between NB military and smugglers where Zavaabi villager were caught in the crossfire

Leaflets distributed in Zavaabi occupied region of the plateau

Dasu led Government purposely targeting innocent Zavaabi civilians under a guise of cracking down crime

May 2005 NB surveillance plane shot down in Alicantan airspace by STA Missile killing 3 crew member and 5 law enforcement personnel

Bodies dragged through village claiming responsibility for bringing down the plane

Impromptu celebrations among Zavaabi and substantial number of Dasu closed their business and fled the plateau

Alicanto denied any support to NB and protested the unauthorized incursion June 2005 Frustrated with Alicantan unwillingness NB initiated Air Bombing to destroy suspected smuggling enclaves

3 weeks and approx. death of 100 civilians (mostly Zavaabi)

July 2005 Govt. of Alicanto presented a settlement plan

Ceding 40,000 hectares of territory to NB

Result was vote of no confidence

Polls showed Zavaabi population in unanimous opposition

Guardian criticized
August 2005 Emergency Elections

International observers said elections were free and fair

22/9/05 Guardians largest party with 88 seats

Gregory Simug, the new Prime Minister

October 2005 PM successfully negotiated a cease fire agreement without ceding

18/11/05 PMs (Alicanto & NB) requested UN for peacekeeping force in Rocian Plateau and surrounding area

08/12/05 Resln. 5440 unanimously adopted

UNMORPH to begin operations 1/2/06

Ravisia volunteered to contribute The contribution made was by far the single largest Sec. Gen appointed Major General Leile Skylark head of mission Conclude a SOFA agreement with Alicanto modelled on UN Peacemaking Operations Established headquarters Camp Tara

2006 & 2007 UNMORPH defused the border dispute without significant bloodshed Sec. Council renewed UNMORPH for 4 additional six month periods 31/7/08 UNMORPH setup a radio station staffed entirely by Ravisian members

To communicated and provide security information to local communities

Broadcast in ravisian language; radio progamming expanded to include educational and cultural programs from U.N. Radio News

Content inconsistent with orthodox teachings of Talonnic faith

Reproductive health, access to education, womens rights

Objection by political leaders but Major did not stop the contenet Oct 2007 ILSA (Human rights NGO) criticized UNMORPH

Just issue a warning to parents

Sec. Gen setups a Commission of Inquiry

Concludes troops regularly engaged in non violent sexual relations while off duty and outside Camp Tara Referred to them as prostitutes and gave them money or food; average age 16 with some young as 13 Engaged in sexual acts out of hunger, fear, poverty or all three

Dec 2007 PM calls for UNMORPH to be shut down

a house of sin a den of inquity

18/2/08 Skylark files a formal report with SG with further transmission to Sec. Coun.

Report stated border is peaceful; Alicanto has established an armed police; network of trial courts in each of the towns Joint Border Commission (repres. Of both countries) To terminate by 31/7/08

19/2/08 Resln. 6590 gradual drawdown of troops and termination by 31/7/2008

End of March 08 only Ravisian Nationals remained

March 2008 Guardian Government adopted certain ordinances

Married women to obtain consent of husband to own property Approval from provincial authority for radio (Dasu Broadcasting Company refused to comply) Skylark also announced the same claiming such permission under S.C. Resln. 5440 and SOFA

Provinicial authorities shut down DBC but not UNMORPH Tension flared and riots broke out in Northeast province

Melatha, 120 kms away from Camp Tara UNMORPH observers who happened to be there reported 35 Dasu demonstrators were killed by armed police during the night of 25th April, 2008 Deaths confirmed by Alicantan Interior Ministry as a result of out of control celebrations

28/4/2008 PMs message to the nation

Announced establishment of New Order we are doing the Lords work We cannot tarry in our mission nor can we accommodate their current ways Adopt firm measures to combat lawlessness with not need of foreign forces Pamphlets with above quotes

Large scale celebration in Zavaabi populated area but not so in mixed populated area

Next 4 weeks sporadic but significant violence

Medical NGO Doctors of the World 22/5/08 that hundreds of violent death in Melatha and Province

1/6/08 Martial Law imposed 30/6/08 Dasu population reduced by 30% NGO reported humanitarian aid required; ethnic cleansing on a massive scale

3/7/08 S.C. Resln 6620 adopted urged Alicanto to to take immediate steps to improve the humanitarian situation in the Rocian Plateau 4/7/08 Per. Rep. to UN submitted a memo to SG and Pres. Of SC
No ethnic cleaning conducted Statements are false

7/7/08 Assassination of PM
Police said forensic evidence linking the bomb to Dasu Integrity Front National Security Reasons hence evidence not made public Piccardo Donati head of DIF, Dasu heritage

Criminal record no apparent political element

Nationwide hunt for Donati

Spawned Zavaabi defense cadres claiming responsibility for 6 Dasu villages

EWF reported 1000s killed, 10,000 Dasu fled, weapons cache in Plateau including incendiary devices, mortar rounds, rocket propelled grenade launchers, etc.

No ownership claimed but EWF and other NGOs unanimous that smuggled by Zavaabi radical groups Extremely valuable evidence collected; real and present danger of ethnic cleansing,

22/7/08 President in an address to the nation

Requested emergency session of Sec. Cou.

Withdrawal of the Councils decision to stop UNMORPH and instead extend it for 6 months and expand its Mandate to the impending ethnic cleansing Authorization of Collective action by Ravisia and R-FAN to restore order and protect the citizens of Alicanto

President provided copies of raw intelligence which remains classified to Sec. Gen of UN

To maintain presence of an International force until order is restored, ethnic cleansing is prevented, protection of human rights guaranteed, situation ceases to pose a threat to international peace and security

Old notions of sovereignty.. Not its most important Most important value is shielding the vulnerable 23/7/08 Sec. Council convened emergency meeting at 12 noon

Voting shown worldwide ; supporters for and against Alicantan Representatives protested the intervention as well as the evidence not being made public

The Sec. Gen said that he has given his word to the President of Ravisia that he would not divulge the data and only reconsider his position if the ICJ declares that delivering it is legally permissible.

Resolution to extend UNMORPH defeated by 10 - 5 (2 were permanent members) 2nd Resolution was defeated by 9 6 (2 same permanent members) Same day, R-FAN passed a resolution 17 in favor, 6 abstained, 1 negative to admit Dasu refugees into their territories

15/9/2008 All those who fled Alicanto had been resettled in Ravisia, NB and other states

31/7/2008 Sec. Gen. announced the termination of UNMORPH

1/8/2008 Ravisia started entering Alicanto into Camp Tara

Operation Provide Shelter

2/8/2008 Letter from Carl Phoenix

Armed invasion without justification violates sovereignty of Alicanto Act of War

Alicanto did not mount any kind of military operation to remove OPS troops

Requests to Sec. Coun. Failed

15/8/2008 Alicanto adopted Talonnic Law for our times

Talonnic Law of our Times Skirmishes broke out in Province but quickly extinguished with little loss of life

Womens Rights and Death Penalty drew criticism from world over

No effort from Alicantan police to prevent OPS members nor their own enforcement activity 1st Aug to 30th Sep OPS 3 operations a week

Police functions of confiscating illegal weapons and to break up potential riots; just 1 operation had substantial casualty; 25 people reported killed

21/8/2008 Alicantan chief of police informed that search for Piccardo Donati not successful

A trial in absentia began

Donati represented by public defender Forensic evidence shown NGOs reported fair trial norms being followed

1/9/2008 Panel of Judges declared him guilty and sentenced him to death

Appeal rejected and no retrial before 12 years

15/9/2008 Quoted sources say Donati seen at Camp Tara 17/9/2008 Skylark issued a statement

Under our confinement in our military brig Not to deliver him to alicantan authorities since it would result into a violation of international law

17/9/2008 Phoenix a diplomatic note to his Ravisian counterpart

19/9/2008 Reply by Ravisian PM

TREATIES & CONVENTIONS

VCLT ICCPR (but not 2nd Optional Protocol) UN Convention on the Rights of the Child CEDAW

Alicanto appended a declaration

ISSUES (ALICANTO)

declare that the occupation of Alicantan territory by Ravisian armed forces since 1 August 2008 has been and continues to be a violation of international law, and order Ravisia to remove its military personnel from Alicanto at once; call upon Ravisia to produce the intelligence that was delivered to the Secretary-General, and if it refuses, deny Ravisia the right to rely on that intelligence directly or indirectly to support the legality of Operation Provide Shelter in international law, or in the alternative, declare that the Secretary General may lawfully hand over the intelligence to Alicanto; determine that the conduct of Ravisian soldiers at Camp Tara, including the broadcasting of offensive radio programming and the sexual exploitation of Alicantan children, are violations of international law and of the sovereignty and cultural and religious integrity of Alicanto, attributable to Ravisia, and order Respondent to pay reparations to compensate for the injury to Alicantos social fabric; and order Ravisia immediately to deliver to Alicanto the fugitive Piccardo Donati so that his lawful sentence may be carried out.

ISSUES (RAVISIA)

declare that the presence of the Ravisian military forces in Alicanto has been and continues to be fully justified under international law; decline to call upon Ravisia to produce its classified intelligence, or in the alternative, decline to afford Alicanto any evidentiary benefit should Ravisia continue to withhold the intelligence, and declare that the Secretary-General may not lawfully hand it over to Alicanto; find that Ravisias conduct at Camp Tara at all times has been entirely lawful, and that in any event Ravisia bears no liability for any wrongdoing that may have been committed in the service of the United Nations, and that no alleged injury to Alicanto is compensable by way of reparations; and hold that the Alicantan citizen Piccardo Donati need not be repatriated to Alicanto, where he will be subjected to judicial execution in violation of international law.

IMPLICATIONS OF THE COMPROMIS

Para 2 Does R-Fan have any right to intervene in sovereignty of member nations ? Para 3 Common Cultural Heritage Para 4 Does controlling economic interest also give right to intervene ?

Can be used for Alicanto Former Colonial Rules do intervene sometimes Belgium & Congo in Ivory Coast

Para 5 & 6 Alicanto two strains are not ethnically distinct; Ravisia difference constitute a major barrier Para 7 Talonnic Holy Book Provisions allegorical; Mandatory Death Penalty Para 10 Ravisia Law enforcement agencies in Alicanto were ineffective; so ineffective in also preventing ethnic cleansing Para 12 Leaflets shows that there was animosity

Para 13 Surface to air missile. Is it that easy to procure one ? Who can be these groups?
Para 14 Death of 100 Alicantan civilians and mostly Zavaabi has animosity Para 15 Dasu majority government (that means there were some Dasus who were against this ceding); It also shows animosity; What does polls mean here ? Para 16 Elections are free and fair means guardians are carrying out mandate of the people

Para 16 88/200 shows that they are not the representatives of the people; 50% is Zavaabi so unlikely that they represent the Dasu
Para 18 UNMORPH Resolution whereby disarmament and demobilization of various groups; Creation of humanitarian assistance conditions; Protect civilians from imminent threat of Physical violence shows 5440 still gives the authority to Ravisian Personnel

Para 21- Non violent sexual relations is statutory rape a sufficiently heinous crime
Para 23 Police presence which can contain smuggling but cant check the ethnic cleansing (can be used both ways)

Para 25 Implied consent construed ? Radio station at Camp tara not shut down

Para 26 What were UNMORPH observers doing 120 kms from Camp Tara ? What is the limit of their jurisdiction? How can they be so sure that they were 35 Dasu Demonstrators that too during the night? out of control new year celebrations
Para 27 A very fundamentalist ideology of the PM Para 29 NGOs What is the evidentiary value of a report by the NGO because a lot of NGOs have been used in the Compromis

Para 29 DOW (Hundreds of Death, Population reduced by 30% in one month

Para 30 need for leadership of constituent groups to conduct dialogue; allow access to WGOs; member states to compete / secure humanitarian assistance

Para 32 Donati shows no political element (From Alicantan side, common criminal,why give protection)

Para33 EWFs 1000s have been killed; Also evidence of weapon catch thus violating the UNMORPH Resolution
Para 35 Highly classified under Ravisian Law. We see a patern Alicanto asked to respect Ravisian law but Ravisian does not respect Alicantan law Para 43 No military operation to remove OPS troops is their consent by conduct; no protest or action in spite of several operations

Para 44 Talonnic Law for our times is it violative of International Law?; Violating of titles of woman, deprivation of property , genocide and mandatory death penalty
Para 45 No attempt by Alicantan police to prevent OPS forces from intervening Para 47 48 All fair trial norms are followed, also appeal and published judgment is violation of International Law though mandatory death penalty

Para 49 Donati is held in military brig, not exactly given asylum, but treated as criminal on run

SIMILAR INTERNATIONAL INCIDENTS

A.U peacekeeping Operations in Chad 1980-81 IPKF in Sri Lanka French Intervention in the Ivory Coast Belgian Intervention in Rwanda Nato led Intervention in Bosnia and Herzogovina Death of Rwandan P.M Russian Intervention in Georgia Current Peace keeping operations by ECOWAS and AU and OAS in congo , niger and cameroon