9B - Grotius Centre for International Legal Studies

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xiii Michael J. Kelly, “Cheating Justice by Cheating Death: The Doctrinal Collision for Prosecuting Foreign Terrorists – Passage of Aut Dedere Aut Judicare into Customary Law & Refusal to Extradite Based on the Death Penalty” (2003) 20 Ariz J Int'l & Comp Law 491, hereinafter cited as: Kelly (2003) Mizushima Tomonori, “TheIindividual as Beneficiary of State Immunity: Problems of the Attribution of Ultra Vires Conduct” (2001) 29 Denver J of Int’l L 261, hereinafter cited as: Tomonori (2001) Patrick M. Hagan , “Government Sponsored Extraterritorial Abductions in the New World order: The Unclear Role of International Law in United States Courts and Foreign Policy” (1994) 17 Suffolk Transnat'l L Rev 438, hereinafter cited as: Hagan (1994) Phillip A. Seymour, “The Legitimacy of Peacetime Reprisal as a Tool Against State Sponsored Terrorism” (1990) 39 Naval L Rev 221, at 234, hereinafter cited as: Seymour (1990) Michael W. Reisman, “Editorial Comment, Coercion and Self-Determination: Construing Charter Article 2(4)” (1984) 78 AJIL 642, hereinafter cited as: Reisman (2004) 5. Miscellaneous Linda M. Keller, “Belgian Jury to Decide Case Concerning Rwandan Genocide by May 2001” (May 2001), American Society of International Law Insights, online: http://www.asil.org/insights/insigh72.htm, hereinafter cited as: Keller (2001) “Bosnia: Capture of War Crimes Suspect Could be Ruled Illegal” (18 August 2000) United Nations Foundation, online: http://www.unfoundation.org/unwire/archives/UNWIRE000818.cfm Heidi Altman, “The Future of Head of State Immunity: the Case against Ariel Sharon” ( April 2002), online: Indict Sharon www.indictsharon.net/heidialtman-apr02.pdf, hereinafter cited as: Altman Marc Henzelin, “Universal Jurisdiction” at http://www.enotes.com/universal-jurisdictionreference/universal-jurisdiction, hereinafter cited as: Henzelin The case of North Manconia hereinafter cited as: The Case
(d) Statement of Relevant Facts xiv The United States of Merseystan (USM), due to its status as former colonial power can be regarded as an important actor in the region and as a result has a moral duty in aiding the new emerging entities, former colonies of USM, in their development and their pursuit of statehood. The Republic of Manconia (RoM) is such a State. RoM achieved its independence on 5 July 1965 and joined the UN one year later on 1 st of February. The newly formed republic is a multi-ethnic State with a population of 10 million out of which 62% represent the Blue community, concentrated in the south, with the capital at Blueburg, and the Reds, representing 28% of the population, found mainly in the north, Redville being the most important city in the region. As expected, after independence, tensions between the aforementioned ethnic groups emerged and developed, the Reds being constantly overlooked by the Blue-dominated government. These events lead to the establishment in 1992 of an armed group, The Keanos of North Manconia (KNM), who would lead the insurrectionary movement of the Red group. The efforts of the Red community led to a Declaration of Independence on 5 of July 1999, therefore the precursory steps that would lead to the creation of a new state, The Republic of North Manconia (RNM) were made. The event immediately lead to armed clashes between the Keanos, who acted in their capacity of representatives of the newly formed republic and its interests and the Armed Forces of the Republic of Manconia (AFRM). USM was the only international actor who acted in order to assure the protection of the newly formed State, and brought the matter before the UNSC. This action of USM sparked the international community’s attention and with the help of the UN, after almost a decade of negotiations, RNM obtained a peaceful secession from RoM, became the world’s 193 rd State on 5 July 2008 and joined the UN on 7 December 2008. However, the new State, which is comprised of 35% of the overall territory and 34% of the
Page 1 and 2: TELDERS INTERNATIONAL LAW MOOT COUR
Page 3 and 4: ii C. EVEN IF, ARGUENDO, MR NEVILLE
Page 5 and 6: ILC - International Law Commission
Page 7 and 8: (c) List of Sources 1. Internationa
Page 9 and 10: viii 2.4 International Criminal Tri
Page 11 and 12: 3.3 Other x United Nations Diplomat
Page 13: xii Adam C. Belsky et al “Implied
Page 17 and 18: xvi One of the most important actor
Page 19 and 20: xviii that condemns the crime of in
Page 21 and 22: (e) Issues xx USM asks the honourab
Page 23 and 24: xxii C. Does the method by which Mr
Page 25 and 26: xxiv II. USM HAS NOT VIOLATED THE I
Page 27 and 28: (g) Jurisdiction of the Court xxvi
Page 29 and 30: 2 RNM has not only refused to prose
Page 31 and 32: 4 It shall be proven further on tha
Page 33 and 34: 6 The United States protests on the
Page 35 and 36: 8 demonstrated a world belief that
Page 37 and 38: 10 II. USM HAS NOT VIOLATED THE IMM
Page 39 and 40: 12 In the case of General Shaul Mof
Page 41 and 42: 14 to this draft article notes that
Page 43 and 44: 16 "eliminated”. At that time he
Page 45 and 46: 18 III. THE COURTS OF USM HAVE JURI
Page 47 and 48: 20 One of the most debated moves of
Page 49 and 50: 22 3. Customary international law i
Page 51 and 52: 24 after the diplomatic negotiation

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