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EURON

INTERNATIONAL COURT OF JUSTICE

THE PEACE PALACE


THE HAGUE, THE NETHERLANDS

CASE CONCERNING THE KINGDOM OF WINTERFEL AND THE REPUBLIC OF CASTELEY ROCK

KINGDOM OF WINTERFEL
(APPLICANT)
v.
REPUBLIC OF CASTERLEY ROCK
(RESPONDENT)

MEMORIAL FOR APPLICANT

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

the jurisdiction of the Court pursuant to Article 36(1) of its Statute.

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

violation of international obligation or not.

2. Whether the shooting down of Helani by the Casterly Rock Border Guard constitute a

breach of international law or not.

3. Whether the arrests of Winterfellian Law students by Casterly Rock authorities constitute

a violation of bilateral treaty between the two states or not.

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

international non-interference obligation on Casterley Rock’s part or not.

vi
STATEMENT OF FACTS

WINTERFEL AND CASTERLEY ROCK

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

been reported to be under threat of many attacks along the coast.

THE AUTONOMOUS REGION OF WINTERFEL

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

Kingdom of Winterfel as ‘Wildingos’.

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.

ARREST OF ROCKIAN CITIZEN

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

rule of non-intervention to the territorial integrity.

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 minor girl for several times.


VIII

ARRESTS OF WINTERFELLIAN LAW STUDENTS

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.

SHOOTING DOWN AIRCRAFT

On 7th April 2017, a patrol aircraft of Winterfel while taking routine training mission inside the

boundary with 16 people on board was shot down by CasterleyRockian Airforce.


IX

SUMMARY OF PLEADINGS

SHOOTING DOWN OF UNARMED CIVILIAN CONSTITUTES A VIOLATION OF

INTERNATIONAL LAW.

The Winterfelin didn’t violate the Rockian air space, rather it was flying over its territory.

And the debris has been found inside Winterfel’s border.

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 entrusted by the UN Charter. In the same way by violating territorial

sovereignty they have breached the bilateral treaty as well. And as a result of breaching

the international obligation, they have to complete the reparation.

Shooting down Helani is violation of the International Law

Article 3 of the UDHR ensures the right to life, liberty and security of person, which the

CasterleyRockian fails to provide.

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

unnecessarily which constitutes violation of Article 51(2) of the Geneva Convention.

Finally the breach of International Law and obligation entails the Casterley Rock to pay

compensation for damage under International Wrongful Act.


X

Arrest of Winterfelin Law student is a violation of International Law

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.

It is a violation of bilateral treaty between them.

Violation of the principle of non-interference occurred on CasterleyRockian’s side

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

territorial sovereignty of other states’. Unlawful use of force is prohibited by the UN

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

integrity or political independence of any state, or in any other manner inconsistent

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

and will refrain themselves from using force.7

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

aircraft which nature is unknown to them.

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.

D. Breach of International law and obligation by Casterley Rock entails its

international responsibility to reparations for the damage and prejudice suffered.

There is a breach of an international obligation by a State, when an act of that State is not

in conformity with what is required of it by that obligation, regardless of its origin or

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

the injury caused by international wrongful act”.11

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

per, UDHR, CRC.14The issue is divided into three sub-issues:

A. Shooting down Helani is a violation of international law, as 10 years old girl poses no

threat towards territorial sovereignty.

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

national safety killed the innocent child.18

According to Article 3 of the UDHR, “Everyone has right to life, liberty and security of

person.”19 In it “security of person” can also be seen as an expansion of rights based on

prohibitions of torture and cruel and unusual punishment.20 The Rockian border guard has

violated the rule of right to life, liberty and security of person.21

The Convention on the Right of Child 1989 deals with the child-specific needs and rights.22 It

is a general principles of law recognized by civilized nations23 Where 140 countries

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,

inhuman or degrading treatment or punishment. Neither capital punishment nor life

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

they had failed to comply with it.

B. the Border guard of Casterley Rock used the weapon unnecessarily, and shot several

times which was not required to stop Helani.

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

C. “National Safety” can’t be a ground to kill a 10 years old girl.

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

D. Breach of International law and obligation by Casterley Rock entails its

international responsibility to pay compensation for the damage and prejudice

suffered.

Killing of Helani is an instance of infringement of several international laws.34 The State

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

3.The arrests of Winterfellin Law students by Casterley Rock authorities constitute a

violation of bilateral treaty between the two states.

A. Arbitrary depriving an individual of his/her liberty is strictly prohibited by the United

Nations' Division for human rights.36CasterleyRockian security force arrested three

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

custody in the name of false spying allegation.42

Furthermore, According to Article 9 of the 1948 Universal Declaration of Human

Rights"no one shall be subjected to arbitrary arrest, detention or exile."43

As well as, the International Covenant on Civil and Political Rights specifies the protection

from arbitrary arrest and detention by Article 9.44

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

shall release forthwith.

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

international non-interference obligation on Casterley Rock’s part.

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

echelon leaders.48 The following incident create a violation of international non-interference

obligation on Casterley Rock’s part. This issues prevailing on:

A. Casterley Rock trying to interfere in Winterfelin sovereignty by making a connection

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

breach of the principle of the non-use of force in international relations’.52

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

PRAYER FOR RELIF

For the forgoing reasons, the Applicant respectfully requests this Honorable Court to find

adjudge and declare that:

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

constitutes a violation of international obligation.

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,

AGENTS FOR WINTERFEL

53
UN Charter 2(4)
54
https://pesd.princeton.edu/?q=node/258 8

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