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Task 7 Moot

The document outlines various violations of international law and human rights concerning the arrest of Minister Gray and the actions of President Vindro in deploying the Ramadan Army against militia camps. It highlights breaches of the Additional Protocols, the Vienna Convention on Diplomatic Relations, and other international treaties, emphasizing the lack of due process and the implications for civilian safety. Additionally, it discusses the impact of these actions on the rights to life, liberty, and privacy of individuals in the affected regions.

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Abdullah Latif
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0% found this document useful (0 votes)
9 views9 pages

Task 7 Moot

The document outlines various violations of international law and human rights concerning the arrest of Minister Gray and the actions of President Vindro in deploying the Ramadan Army against militia camps. It highlights breaches of the Additional Protocols, the Vienna Convention on Diplomatic Relations, and other international treaties, emphasizing the lack of due process and the implications for civilian safety. Additionally, it discusses the impact of these actions on the rights to life, liberty, and privacy of individuals in the affected regions.

Uploaded by

Abdullah Latif
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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 Additional Protocol I 1977

Rule Fact Analysis


Art 75(3): Any Officers of the Upon the arrest of Ms.
person arrested, Monzora police Gray. She was not
detained or interned approached Minister informed the reasons
for actions related to Grey as she was of her arrest, despite
the armed conflict leaving her hotel. that, she claimed
shall be informed After ascertaining her ‘diplomatic immunity’
promptly, in a identity, they took her
language he into custody
understands, of the
reasons why these
measures have been
taken
Art 51(4): On 25 June 2017, As has been described
Indiscriminate attacks President Vindro by RRC and Ms. Gray
are prohibited. authorized the that ‘the castle’ is not
Indiscriminate attacks deployment of the controlled by human
are: a)those which are Ramadan Army and its not directed at
not directed at a against the militia a specific target as it
specific military camps within Ramada, has motion sensing
objective; b)those as well as the purchase and could
which employ a of the Castle from automatically fire at
method or means of RRC and its any moment without
combat which cannot installation along the human control
be directed at a Ramada-Azura border.
specific military
objective; or c) those
which employ a
method or means of
combat theeffects of
which cannot be
limited as required by
this Protocol; and
consequently, in each
such case, are of a
nature to strike
military objectives and
civilians orcivilian
objects without
distinction.
Art 83(1)??

 ICESCR
Rule Fact Analysis
Art 1(2): All In January 2018, The article explicitly
peoples may, for Ramadan’s mentioned that
their own ends, Parliament had, with p[eople have the
freely dispose of little debate, adopted right of freely
their natural wealth President Vindro’s disposing their
and resources proposal to impose resources without
without prejudice to tariffs on any economic
any obligations unprocessed Solar oblugations as these
arising out of Lily materials tariffs affected
international imported into Azuran’s revenue.
economic co- Ramada.
operation, based
upon the principle
of mutual benefit,
and international
law. In no case may
a people be deprived
of its own means of
subsistence.
Art 6(1): The States Lily Farmers. Not
Parties to the sure about its
present Covenant relevancy
recognize the right
to work, which
includes the right of
everyone to the
opportunity to gain
his living by work
which he freely
chooses or accepts,
and will take
appropriate steps to
safeguard this right.
 Additional Protocol II
Rule Fact Analysis
Art 13(2): The Azuran criminal These gangs spread
civilian population gangs regularly terror and threat to
as such, as well as entered Ramada Ramadan’s civilians
under cover of night and farmers which
individual
and attacked small were their target for
civilians, shall not villages, assaulting their attacks.
be the object of and even killing
attack. Acts or villagers
threats of violence
the primary
purpose of which
is to spread terror
among the civilian
population are
prohibited.
 Vienna Convention On Diplomatic Relations
Rule Fact Analysis
Art 29: The person Officers of the Ms. Gray as a
of a diplomatic Monzora police Minister of Foreign
agent shall be approached Minister Affairs of Ramada,
Grey as she was she enjoys full
inviolable. He shall
leaving her hotel. immunity of being
not be liable to any After ascertaining arrested in a
form of arrest or her identity, they receiving state as
detention. The took her into custody occurred in the land
receiving State of Azura.
shall treat him with
due respect and
shall take all
appropriate steps
to prevent any
attack on his
person, freedom or
dignity.
Art 31: .A It was agreed that Azura’s detention
diplomatic agent Minister Grey would was a violation of
shall enjoy remain under house this article as she
arrest at a monitored should’ve been sent
immunity from the
diplomatic to her home state
criminal guesthouse in Azura without her
jurisdiction of the detention
receiving State. He
shall also enjoy
immunity from its
civil and
administrative
jurisdiction
Art 39: .Every -Officers of the As explained above
person entitled to Monzora police
privileges and approached Minister
immunities shall Grey as she was
enjoy them from leaving her hotel.
the moment he After ascertaining
enters the territory her identity, they
took her into .
of the receiving - It was agreed that
State on Minister Gray would
proceeding to take remain under house
up his post or, if arrest at a monitored
already in its diplomatic
territory, from the guesthouse in Azura
moment when his
appointment is
notified to the
Ministry for
Foreign Affairs or
such other ministry
as may be agreed.
 Vienna Convention On The Law Of Treaties
Rule Fact Analysis
Art 36: Material On 25 June 2017, This deployment
breach of a bilateral President Vindro breached the first
treaty by one of the authorized the article of the treaty
parties entitles the deployment of the of Motega that
other to invoke the Ramadan Army stated: In pursuance
breach as a ground against the militia of regional peace
for terminating the camps within and stability, a
treaty or suspending Ramada, as well as general armistice
its operation in the purchase of the among and between
whole or in part. Castle from RRC and the armed forces of
its installation along the High
the Ramada-Azura Contracting Parties
border. – land, sea and air –
is hereby declared
and established.

Art 73: The Ramada objects to Ramada’s objection


provisions of the the purported is valid to this treaty
present succession of Azura as it doesn’t govern
to the Treaty of any successor states
Convention shall
Motega and,
not prejudge any accordingly, does not
question that may consider itself in
arise in regard to a treaty relations with
treaty from a Azura pursuant to the
succession of aforementioned
States or from the treaty.”
international
responsibility of a
State or from the
outbreak of
hostilities between
States.

 UN Charter
Rule Fact Analysis
1. Art 2(4): All On 25 June 2017, As the deployment
Members shall President Vindro of the castle imposes
refrain in their authorized the threat to the Azuran
international deployment of the people.
relations from Ramadan Army
the threat or use against the militia
of force against camps within
the territorial
Ramada, as well as
integrity or
political the purchase of the
independence Castle from RRC and
of any state, or its installation along
in any other the Ramada-Azura
manner border.
inconsistent
with the
Purposes of the
United Nations.

Art 51: Nothing in the On 25 June 2017, As the deployment


present Charter shall President Vindro of the project is a
impair the inherent authorized the means for Ramada
right of individual or deployment of the to protect and
collective self-defence Ramadan Army defend their citizens
if an armed attack against the militia from any attacks that
occurs against a camps within could occur from
Member of the United ‘Lily Hooligans’ or
Ramada, as well as
Nations, until the Azuran armed
the purchase of the
Security Council has Gangs
taken measures Castle from RRC and
necessary to maintain its installation along
international peace the Ramada-Azura
and security. border.
Measures taken by
Members in the
exercise of this right
of self-defence shall
be immediately
reported to the
Security Council and
shall not in any way
affect the authority
and responsibility of
the Security Council
under the present
Charter to take at any
time such action as it
deems necessary in
order to maintain or
restore international
peace and security.
 ICCPR
Rule Fact Analysis
Art 4(1): In time of On 25 June 2017, The threat azuran
public emergency President Vindro gangs have caused to
which threatens the authorized the Ramada made them
life of the nation and deployment of the take steps to combat
the existence of which Ramadan Army such threat with the
is officially against the militia deployment of the
proclaimed, the States camps within Ramada, project
Parties to the present
as well as the
Covenant may take
purchase of the Castle
measures derogating
from their obligations from RRC and its
under the present installation along the
Covenant to the extent Ramada-Azura border.
strictly required by the
exigencies of the
situation, provided that
such measures are not
inconsistent with their
other obligations under
international law and
do not involve
discrimination solely
on the ground of race,
colour, sex, language,
religion or social
origin.
Art 6(1): Every human The militia The Azuran gangs
being has the inherent simultaneously took the right of
right to life. This right attacked nine humans to life as they
shall be protected by Ramadan Border killed peaceful police
law. No one shall be Police stations, killing officers that didn’t
arbitrarily deprived of 21 officers. cause any threat to
his life them
Article 9(1): Everyone It was agreed that The apprehension of
has the right to liberty Minister Gray would Ms. Gray has directly
and security of person. remain under house violated this provision
No one shall be arrest at a monitored as he has the right to
subjected to arbitrary diplomatic guesthouse liberty and shouldn’t
arrest or detention. No in Azura be subjected to
one shall be deprived detention
of his liberty except on
such grounds and in
accordance with such
procedure as are
established by law.
Art 17: No one shall The fact that lethal The deployment of the
be subjected to weapons have been castle will monitor
arbitrary or unlawful amassed along our civilians’ activities as
interference with his border, and that the that is a complete
privacy, family, home Castle will monitor the violation of privacy.
or correspondence, nor activities of our
to unlawful attacks on citizens, fills all
his honour and Azurans with dread
reputation. and anger

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