Extradition Research Papers - Academia.edu (original) (raw)

INTERNATIONAL COURT OF JUSTICE THE PEACE PALACE THE HAGUE, THE NETHERLANDS THE CASE CONCERNING OPERATION PROVIDE SHELTER IN ALICANTO MEMORIAL FOR THE APPLICANT SUMMARY OF PLEADINGS The Commonwealth of Ravisia and The Republic of... more

INTERNATIONAL COURT OF JUSTICE

THE PEACE PALACE

THE HAGUE, THE NETHERLANDS

THE CASE CONCERNING OPERATION PROVIDE SHELTER IN ALICANTO

MEMORIAL FOR THE APPLICANT

SUMMARY OF PLEADINGS

The Commonwealth of Ravisia and The Republic of Alicanto are members of the United Nations (“UN”). They must restrain themselves in international relations from the use of force against the territorial integrity or political independence of any states, or in any other manner inconsistent with the Purposes of UN.

Alicanto is a sovereign and independent country. This signifies the capacities to make authoritative decisions with regard to the people and resources within the territory of the state. No state has the right to intervene, directly or indirectly, for any reason in the internal or external affairs of other state. Resolution 6590 called for “the gradual draw- down of troops and the termination of UNMORPH by 31 July 2008”. On 1st August, the Commanding General of the Ravisian Army declared the beginning of Operation Provide Shelter (OPS) and sent 6000 Ravisian troops to Alicanto, which constitutes an intervention.
Since there is no consent by Alicanto for the presence of the Ravisian army, it is a violation under International Law.

For a military intervention to be justified there must be serious and irreparable harm inflicted to human beings. There is no humanitarian ground for the intervention of Ravisia into Alicanto.

The President of Ravisia revealed that her government had collected “extremely reliable intelligence” and concludes that a “real and present danger of ethnic cleansing on a massive scale is about to occur in Alicanto”. She proposed two Resolutions which had been defeated by the Council.

Since the intelligence is wholly concerned about Alicanto, she should be entitled for the classified intelligence in order to take precautions to prevent the massive violation.

Resolution 5440 was between Alicanto, New Bennu and UN. Ravisia has no locus to claim any of the Resolution since Ravisia is merely a third party.

Since Ravisia had revealed to the media that she has the intelligence of Alicanto, she is immune under Status of Forces Agreement (SOFA). Here Secretary General has the right to waive the immunity when the element of personal interest exists. Therefore Secretary General may lawfully hand over the intelligence to Alicanto.

Disregard of customs, way of life and social mores of a society was stressed throughout the globe to be inviolable. The fact that the intrusion of Ravisia into the Alicantan‟s state of affairs, pooled with the violating of international law factor, makes them responsible for the reparation of the injuries of the victims and to Alicanto‟s social fabric.

The Ravisian soldiers have compulsively committed violations of the cultural and religious integrity of Alicanto by broadcasting offensive radio programming that is unorthodox according to the Talonnic faith, as is disrespecting the inherent fact, if not sacrosanct human rights, that Alicanto people has freedom to practice Talonnic faith as their religion. The right to preserve the law of nation is an innate prerequisite in every country. As Ravisia‟s self inclusion into the affairs of Alicanto has implicitly incited ethnic conflicts by a simple act of airing radio programs that are culturally taboo to Alicanto, it should be reinforced that the respondent should respect the Alicantan law before attempting to „liberalise‟ the Alicantans.

Likewise, the Ravisian soldiers‟ nefarious deeds of engaging in sexual relations with innocent children are derogatory to the social fabric of Alicanto. To add salt to the wound, the troops were in domination over the children, as they knew that the girls would comply with them as a result of their deprivation from food and money. To allow these exploitations to happen simply because the troops were feared is even crueler. In other words, it is without doubt that Ravisia is under a huge liability for their wrongful act.

Finally, the applicant has a right to request for Piccardo Donati‟s return to Alicanto authorities for a proper jurisdiction and the execution of his lawful sentence. The foundation of the judicial system is based on moral culpability. Therefore, the rationale for imposing the death penalty is directly linked to Piccardo Donati‟s moral culpability because the threat of death prevents him, before committing the murders, from forming the intent to kill. The ultimate penalty is imposed on him to understand the consequences of their actions at the time of the act.