CODE -14

3RD SURANA &SURANA AND RGNUL INTERNATIONAL LAW MOOT COURT

COMPETITION, 2019

BEFORE

THE HON’BLE INTERNATIONAL COURT OF JUSTICE, HAGUE

THE FEDERATED REPUBLIC OF ALESIA

……Applicant

V.

THE UNION OF GERGOVIA

……Respondent

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.01

TABLE OF CONTENTS

S. No Contents Page No.

1. Table of Contents 01
2. Index of Authorities 02-03
3. Statement of Jurisdiction 04
4. Statement of Facts 05
5. Statement of Issues 06
6. Summary of Arguments 07-9
7. Arguments Advanced 10-24

8. Prayer 25

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.02
INDEX OF AUTHORITIES

1.Corfu Channel, U.K. v. Albania, Judgment, 1949 I.C.J. 4 (Apr. 9)

2. The Caroline v. United States, 11 U.S. 7 Cranch 496 496 (1813)

3. Nicaragua v. United States of America, ICJ 27 June 1986

4. Naulilaa Arbitration (Portugal v Germany) 31 July 1928, 30 June 1930 and 16

February 1933 (Arbitration).

5.Bosnia and Herzegovina v Serbia and Montenegro [2007] ICJ 2

ONLINE SOURCES:
 The Corfu Channel Case by Aarti Goyal, UILS

https://r.search.yahoo.com/_ylt=AwrwSY63.aldRhsAo0O7HAx.;_ylu=X3oDMTBycWJpM2
1vBGNvbG8Dc2czBHBvcwMxBHZ0aWQDBHNlYwNzcg--
/RV=2/RE=1571449400/RO=10/RU=https%3a%2f%2fwww.lawctopus.com%2facademike%
2fthe-corfu-channel-case%2f/RK=2/RS=jDuWDms1S41xMdwH062rYp1e8Y4-

 UN convention on law of seas

https://r.search.yahoo.com/_ylt=AwrwI4V0_6ldDUwAsxK7HAx.;_ylu=X3oDMTByaW0wd
mlxBGNvbG8Dc2czBHBvcwMyBHZ0aWQDBHNlYwNzcg--
/RV=2/RE=1571450868/RO=10/RU=https%3a%2f%2fwww.un.org%2fDepts%2flos%2fcon
vention_agreements%2ftexts%2funclos%2funclos_e.pdf/RK=2/RS=6LZI2VbDaqMvAlydi6t
FHNZjGaA-

 The Caroline case test

https://r.search.yahoo.com/_ylt=AwrPiBBzCapd.nYAKQi7HAx.;_ylu=X3oDMTByYmpmZj
A4BGNvbG8Dc2czBHBvcwMzBHZ0aWQDBHNlYwNzcg--
/RV=2/RE=1571453427/RO=10/RU=https%3a%2f%2fen.wikipedia.org%2fwiki%2fCarolin
e_test/RK=2/RS=0U1ktO_o5opuyV_We8BHCZTp2cg-

 UN CHARTER

https://r.search.yahoo.com/_ylt=AwrPhOtWCqpdSEEARQG7HAx.;_ylu=X3oDMTBycWJp
M21vBGNvbG8Dc2czBHBvcwMxBHZ0aWQDBHNlYwNzcg--
/RV=2/RE=1571453655/RO=10/RU=http%3a%2f%2fww

MEMORANDOM ON BEHALF OF RESPONDENT

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 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS:

https://r.search.yahoo.com/_ylt=AwrPhSwTC6pdeCgAgy27HAx.;_ylu=X3oDMTBycWJpM
21vBGNvbG8Dc2czBHBvcwMxBHZ0aWQDBHNlYwNzcg--
/RV=2/RE=1571453844/RO=10/RU=https%3a%2f%2fwww.ohchr.org%2fEN%2fProfession
alInterest%2fPages%2fCCPR.aspx/RK=2/RS=OErRASVnY88QP9XuHVKL_6hNWrc-

 UNIVERSAL DECLARATION OF HUMAN RIGHTS

https://r.search.yahoo.com/_ylt=AwrwS5mBDapdKWYA0gy7HAx.;_ylu=X3oDMTBycWJp
M21vBGNvbG8Dc2czBHBvcwMxBHZ0aWQDBHNlYwNzcg/RV=2/RE=1571454466/RO
=10/RU=https%3a%2f%2fwww.un.org%2fen%2funiversal-declaration-human-
rights%2findex.html/RK=2/RS=7aDND9NVGN2uAab3PA2h4_DMgKo-

 CONVENTION RELATING OF STATUS OF REFUGEES

https://r.search.yahoo.com/_ylt=AwrPh9RQD6pdkmAAIVK7HAx.;_ylu=X3oDMTBycWJp
M21vBGNvbG8Dc2czBHBvcwMxBHZ0aWQDBHNlYwNzcg--
/RV=2/RE=1571454929/RO=10/RU=https%3a%2f%2fen.wikipedia.org%2fwiki%2fConvent
ion_relating_to_the_Status_of_Refugees/RK=2/RS=h.tpumX6n3_8D_YIRx9tik9yqfw-

 MONTEVIDEO CONVENTION
https://r.search.yahoo.com/_ylt=AwrwJSiMEKpdUD8AR3K7HAx.;_ylu=X3oDMTBycWJp
M21vBGNvbG8Dc2czBHBvcwMxBHZ0aWQDBHNlYwNzcg--
/RV=2/RE=1571455245/RO=10/RU=http%3a%2f%2fpublicinternationallaw.in%2fsites%2f
default%2ffiles%2fsalient%2f01-General%2f03-
Montevideo%2520COnvention.pdf/RK=2/RS=CEYKXJtahQt0MxvbfMGcRtInzSo
 LAW OF REPRISAL

https://r.search.yahoo.com/_ylt=AwrxgKT2IapdaWoAfBm7HAx.;_ylu=X3oDMTBycWJpM
21vBGNvbG8Dc2czBHBvcwMxBHZ0aWQDBHNlYwNzcg--
/RV=2/RE=1571459702/RO=10/RU=https%3a%2f%2fen.wikipedia.org%2fwiki%2fReprisal
/RK=2/RS=qupTuB16z11am_n4AFZuC4xALH0-

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.04

STATEMENT OF JURISDICTION

The Federated Republic of Alesia (the Applicant) has approached the Hon‟ble

International Court of Justice, The Hague, under Article 40(1) of the Statute of the

International Court of Justice.

1. Cases are brought before the Court, as the case may be, either by the

notification of the special agreement or by a written application addressed to the

Registrar. In either case the subject of the dispute and the parties shall be

indicated.

2. The Registrar shall forthwith communicate the application to all concerned.

3. He shall also notify the Members of the United Nations through the Secretary-

General, and also any other states entitled to appear before the Court.

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.05
STATEMENT OF FACTS

 Straight of Bartimaeus according to Portvander convention (1923), a treaty signed

between Alesia and Gergovia. while accepting the territorial claims of Alesia over the

Strait declared that the „Strait shall always be free for commerce for Gergovian and

Alesian vessels alike without distinction of flag.‟ The Portvander Naval Yard is home

to the Kaladin Corps providing security for the entire Strait of Bartimaeus. 90% of all

Gergovian trade routes passes through the Strait of Bartimaeus.

 PM of Alesia (Ghani) believed that Numenis are evil and described PM Ragya

Khichiyal, in his speeches as „that Numeni witch‟. Various political issues plague the

nations, including a boundary dispute (which led to a full-fledged war in 1961), as

well as, the alleged persecution of Numenians living in Alesia and treating them as

second class citizens. Gergovia has repeatedly complained at international forums

about this issue.

 On May 10th, 2019, there was a sudden spike in the influx of Numeni into Gergovia

from Alesia. This was followed by a mass mobilization of Gergovian land forces

across the Alesian border in order to prevent illegal infiltration. On May 19th, 2019

Alesia responded to the Gergovian deployment by blockading the Strait of Bartimaeus

with kaladin corps, the blockade had resulted in immediate economic collapse. On

May 30th, 2019, Alesia was under cyber-attack from Gergovia in order to prevent any

further attack from Alesia.

 On June 1st, 2019 Alesia instituted proceedings against Gergovia for the violations

made under general international law at the International Court of Justice. The

International Court of Justice dismissed the preliminary objections made by Gergovia.

Thus, the Union of Gergovia has consented to be a party to the present Compromis.

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.06
STATEMENT OF ISSUES

a) Whether the Federated Republic of Alesia has violated the Portvander Convention by

blockading the Strait of Bartimaeus to Gergovian traffic?

b) Whether the Federated Republic of Alesia has violated the customary international

law by blockading the Strait of Bartimaeus to Gergovian traffic?

c) Whether the Union of Gergovia by launching a cyber-attack has acted in self-defence?

d) Whether the Union of Gergovia has violated the territorial sovereignty of the Alesia?

e) Whether the Union of Gergovia has deployed „force‟ and, if it has done so, has such

force been employed keeping in mind its international obligations and utmost respect

for international law?

f) Whether the Union of Gergovia has violated the UN Charter by not informing its

move to the United Nations Security Council since it is only a formal and procedural

mandate by UNSC?

g) Whether the Union of Gergovia is liable to pay compensation to Alesia?

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.07

SUMMARY OF ARGUMENTS

(A) That the Federated Republic of Alesia has violated the Portvander Convention by

blockading the Strait of Bartimaeus to Gergovian traffic.

It is most humbly submitted before this Hon‟ble court that the Federated Republic of

Alesia has no rights to block the Strait of Bartimaeus to Gergovian traffic given the

circumstances of the instant case. The Federated Republic of Alesia has clearly violated the

Portvander Convention.

Article I of the said convention which states that “the Strait of Bartimaeus shall always be

free for commerce for Gergovian and Alesian vessels alike without distinction of flag.

Consequently, the High Contracting Parties agree not in any way to interfere with the free use

of the Canal, in time of war as in time of peace. The Canal shall never be subjected to the

exercise of the right of blockade.”

(B) That the Federated Republic of Alesia has violated the customary international law

by blockading the Strait of Bartimaeus to Gergovian traffic.

It is humbly submitted before this court that the Federated Republic of Alesia has violated

the customary international law by blockading the Strait of Bartimaeus. The current legal

situation on innocent passage is set forth in Arts 17–32 UN Convention on the Law of the

Sea. According to Art. 17 UN Convention on the Law of the Sea, there is a „right of innocent

passage‟ through the territorial sea for ships of all States. Innocent passage is composed of

two elements: the „passage‟ and its „innocence‟.

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.08

(C) That the Union of Gergovia by launching a cyber-attack has acted in Self-defence

It is most humbly submitted before this Hon‟ble court that the Union of Gergovia has

purely acted in self-defence in order to save itself from further damage by the Alesia.

(D) That the Union of Gergovia has not violated the territorial sovereignty of the Alesia

It is humbly submitted before this court that the Union of Gergovia has not violated the

territorial sovereignty of Alesia since it has only deployed land forces across the border to

prevent infiltration on their land.

(E) That the Union of Gergovia has not deployed ‘force’ and, if it has done so, then

such force has been employed force keeping in mind its international obligations and

utmost respect for international law.

It is humbly submitted before this Hon‟ble court that the Union of Gergovia has aligned its

troops across the borders of Alesia in order to prevent the infiltration of Numeni‟s from their

land. It is also humbly submitted to the court that such force has been employed keeping in

mind the international obligations and utmost respect for international law.

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.09

(F) That the Union of Gergovia has not violated the UN Charter by not informing of

its move to the United Nations Security Council as it is only a formal and procedural

mandate by UNSC.

It is humbly submitted before this Hon‟ble court that the Union of Gergovia has not

violated the UN Charter by not informing of its move to the United Nations Security Council

as Caroline case established that there had to exist "a necessity of self-defence, instant,

overwhelming, leaving no choice of means, and no moment of deliberation,' and furthermore

that any action taken must be proportional, "since the act justified by the necessity of self-

defence, must be limited by that necessity, and kept clearly within it."

(G) That the Union of Gergovia is not liable to pay compensation to Alesia

It is humbly submitted that the Union of Gergovia is not liable to pay any compensation

to Alesia since it has acted only in self defence against the acts of Alesia and it is in

accordance with law of reprisal.

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.10

ARGUMENTS ADVANCED

A) Whether the Federated Republic of Alesia has violated the Portvander Convention

by blockading the Strait of Bartimaeus to Gergovian traffic.

It is humbly submitted that Alesia, officially the Federated Republic of Alesia, has

violated the Portvander convention as Alesia is a country located in the north eastern tip of

the continent of Cornelia. It is bordered by Gergovia and Caldonia on one side and the

Narrow Sea on the other. Strategically, The Narrow Seas are central to global trade and are

connected by the Strait of Bartimaeus.

It is humbly submitted that around 20% of the world‟s sea traffic and almost 90%of

all Gergovian trade routes passes through the Strait of Bartimaeus. The strait is also central to

facilitation of trade between the continents of Cornelia and Julia. The Strait of Bartimaeus

was governed by the Portvander Convention (1923), a treaty signed between Kristen Alethkar

(as Head of State of the People‟s Republic of Alesia) and Gergovia that, while accepting the

territorial claims of Alesia over the Straits (the 7 miles wide strait is within the territorial

waters of Alesia- the countries in Julia make no claims over the Strait and accept the Strait is

an Alesian territory), declared that the „Strait shall always be free for commerce for

Gergovian and Alesian vessels alike without distinction of flag.‟

It is humbly submitted that according to Portvander convention: Article I: The Strait

of Bartimaeus shall always be free for commerce for Gergovian and Alesian vessels alike

without distinction of flag. Consequently, the High Contracting Parties agree not in any way

to interfere with the free use of the Canal, in time of war as in time of peace. The Canal shall

never be subjected to the exercise of the right of blockade.

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.11

B) Whether the Federated Republic of Alesia has violated the customary international

law by blockading the Strait of Bartimaeus to Gergovian traffic.

It is humbly submitted that Alesia, officially the Federated Republic of Alesia, has

violated the customary international law as Alesia is a country located in the north eastern tip

of the continent of Cornelia. It is bordered by Gergovia and Caldonia on one side and the

Narrow Sea on the other. Strategically, The Narrow Seas are central to global trade and are

connected by the Strait of Bartimaeus.

It is humbly submitted that in the Corfu channel case that: Article 1: Every

Internationally wrongful act of a State entails the International responsibility of the state. It

states the basic principle underlying the articles as a whole, which is that a reach of

international law by a State entails its international responsibility1.

It is humbly submitted that Section 3 (Article 45) of United Nations Convention on

the Law of the Sea: Innocent passage 1. The regime of innocent passage, in accordance with

Part II, section 3, shall apply in straits used for international navigation: (a) excluded from the

application of the regime of transit passage under article 38, paragraph 1; or (b) between a

part of the high seas or an exclusive economic zone and the territorial sea of a foreign State.

1
Corfu Channel, U.K. v. Albania, Judgment, 1949 I.C.J. 4 (Apr. 9)

The Corfu Channel Case By Aarti Goyal, UILS

https://r.search.yahoo.com/_ylt=AwrwSY63.aldRhsAo0O7HAx.;_ylu=X3oDMTBycWJpM21vBGNvbG8Dc2c
zBHBvcwMxBHZ0aWQDBHNlYwNzcg--
/RV=2/RE=1571449400/RO=10/RU=https%3a%2f%2fwww.lawctopus.com%2facademike%2fthe-corfu-
channel-case%2f/RK=2/RS=jDuWDms1S41xMdwH062rYp1e8Y4-

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg. No. 12

2. There shall be no suspension of innocent passage through such straits2.

Hence, from the above principles it is clearly evident that Alesia by blocking the strait for the

Gergovian traffic has violated the customary international law and also caused huge

economic loss to the Union of Gergovia.

2
UN convention on law of seas
https://r.search.yahoo.com/_ylt=AwrwI4V0_6ldDUwAsxK7HAx.;_ylu=X3oDMTByaW0wdmlxBGNvbG8Dc2czBH
BvcwMyBHZ0aWQDBHNlYwNzcg--
/RV=2/RE=1571450868/RO=10/RU=https%3a%2f%2fwww.un.org%2fDepts%2flos%2fconvention_agreements
%2ftexts%2funclos%2funclos_e.pdf/RK=2/RS=6LZI2VbDaqMvAlydi6tFHNZjGaA-

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.13
C) Whether the Union of Gergovia by launching a cyber-attack has acted in Self-

Defence

It is humbly submitted that Gergovia acted in self-defence by launching a

cyber-attack on Alesia in order to prevent any further attack from Alesia as Alesia has

already blocked the strait which made Gergovia weaker there was a threat from Alesia on

Gergovia as kaladin corps may strike on any time. On May 19th, 2019 Alesia responded to

the Gergovian deployment by blockading the Strait of Bartimaeus using the Kaladin Corps.

Declaring that the Straits of Bartimaeus was within the territorial waters of Alesia, Ghani

ordered the Kaladin Corps to stop all traffic emanating from or destined for Gergovia. The

Kaladin Corps were cleared to sink any vessel which acted in defiance of these orders. The

blockade had immediate economic consequences for Gergovia, as precious oil supplies were

halted immediately. Further, for an economy dependent on the trade from the Straits as a

primary growth driver, the blockade was catastrophic. Outbound ships docked at Trevorum

remained grounded as food exports from Gergovia were affected and lay around the

Trevorum port in danger of rotting (Gergovia exports apples and mangoes). This uncertainty

also triggered a run on the Gergovian stock market, as investors lost confidence in the ability

of Gergovian trading firms to pay them back without access to the Strait. Millions of dollars

were wiped out within a day as Gergovia stared at complete economic collapse.

Caroline case3 established that there had to exist "a necessity of self-defence,

instant, overwhelming, leaving no choice of means, and no moment of deliberation,' and

furthermore, that any action taken must be proportional, "since the act justified by the

3
The Caroline v. United States, 11 U.S. 7 Cranch 496 496 (1813)
The Caroline case test
https://r.search.yahoo.com/_ylt=AwrPiBBzCapd.nYAKQi7HAx.;_ylu=X3oDMTByYmpmZjA4BGNvbG8Dc2
czBHBvcwMzBHZ0aWQDBHNlYwNzcg--
/RV=2/RE=1571453427/RO=10/RU=https%3a%2f%2fen.wikipedia.org%2fwiki%2fCaroline_test/RK=2/RS=0
U1ktO_o5opuyV_We8BHCZTp2cg-

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.14

necessity of self-defence, must be limited by that necessity, and kept clearly within it." In this

case Union of Gergovia has complied with all the principles laid down in the Caroline case

and hence can be treated as a self defense.

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.15
D) Whether the Union of Gergovia has violated the territorial sovereignty of the Alesia.

It is humbly submitted that Union of Gergovia has not disturbed or violated the

territorial sovereignty of Alesia as it has just deployed the troops at the border but didn‟t

wage any war towards Alesia cause Gergovia deployed troops as a preventive measure to

stop further migration of Numenic tribes into its territory as such huge migration would be an

hindrance for the normal functioning of law and order in the state and would also cause huge

economic burden on the state. It is further submitted that such action on part of Union of

Gergovia has not resulted in any type of unlawful interference in the internal affairs of the

Federated Republic of Alesia and thus has not caused any type of violation to the territorial

sovereignty of Alesia.

It is humbly submitted that Alesia tried to conquest the territory in a way that

as it being a neighbour country to Gergovia if Gergovia faces economic crisis and also even

before the Alesia blocked the strait of Bartimaues there was a huge inflation of Numenic

tribes into the city of Gergovia and knowing that Gergovia being a newly formed country and

cannot survive with such a huge migration and also economical crisis Alesia in order to cause

economical damage to Gergovia economically has blocked the Strait of Bartimaues.

It is humbly submitted that Alesia with an intention to conquest the territory of

Gergovia has done the above mentioned things, in view to protect itself from such an attack

has deployed troops to prevent further destruction of its economic position and also to control

the migration of Numenic tribes into the Gergovia city. Every action done by Gergovia here

is just a mere protection towards its own country and its citizens. Every state has to protect its

own territory and citizens, it‟s the obligation of every state in the same way Gergovia has also

taken steps to prevent further loss to its territory.

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.16

(E) Whether Union of Gergovia has not deployed ‘force’ and, if it has done so, then such

force has been employed force keeping in mind its international obligations and outmost

respect for international law

It is humbly submitted that in The Republic of Nicaragua v. The United States of

America (1986)4 the use of force has been described as in a controversial finding the Court

sub-classified the use of force as: (1) “most grave forms of the use of force” i.e. those that

constitute an armed attack); and (2) “other less grave forms” of the use of force i.e.

organizing, instigating, assisting, or participating in acts of civil strife and terrorist acts in

another State – when the acts referred to involve a threat or use of force, but not amounting to

an armed attack) .

As Various political issues plague the nations, including a boundary dispute

(which led to a full-fledged war in 1961), as well as, the alleged persecution of Numenians

living in Alesia. Gergovia has repeatedly complained at international forums about this issue,

most recently in 2018 when Prime Minister Ragya Khichiyal, in her first address to the UN

General Assembly, highlighted reports by various international bodies and global think-tanks

blaming the Alesian government for treating the minority Numenians as „second class

citizens‟. However, Ghani had always been an Alethi hardliner. As a history professor, his

4
NICARAGUA v. UNITED STATES OF AMERICA ICJ, Judgment of 27 June 1986

https://r.search.yahoo.com/_ylt=AwrPg3TxNapdmGkAEny7HAx.;_ylu=X3oDMTBycWJpM21vBGNvbG

8Dc2czBHBvcwMxBHZ0aWQDBHNlYwNzcg--

/RV=2/RE=1571464817/RO=10/RU=https%3a%2f%2fen.wikipedia.org%2fwiki%2fNicaragua_v._Unite

d_States/RK=2/RS=TrbgQiFrnhBC.Jtd0x2cVf3.PIw-

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.17

Research had convinced him that Alesia‟s economic and political issues were caused due to

the presence of the „evil Numeni tribe’. He saw the Numeni as potential Gergovian agents

and classified the Gergovian nation as an „afterthought‟, „created so that the Numeni might

have base to spread their evil customs and regressive culture to the rest of the world‟. Ghani

also had little faith in PM Ragya Khichiyal, and he often described her in his speeches as

„that Numeni witch‟. On May 10th, 2019, Gergovian press reported a sudden spike in the

influx of Numeni refugees and asylum seekers into Gergovia from Alesia fearing „political

backlash and death‟. Gergovia filed official protests with the United Nations Human Rights

Council under Article 21 of the Convention Against Torture on May 12th, 2019. This was

followed by a mass mobilization of Gergovian land forces across the Alesian border. It is

humbly submitted that Gergovia didn‟t of deploy force because Alesia has always been

against the Numenis and Gergovia is Numeni nation, as there was mass mobilization of

Numenis from the Alesia, the immigrants could be anyone they can be terrorists too in order

to protect and stop infiltration and to defend, protect Gergovian citizens Gergovia has stalled

the troops within the territory of Gergovia. Gergovia filed official protests with the United

Nations Human Rights Council under Article 21 of the Convention Against Torture and still

there was no change influx of the refugees Gergovia in emergency deployed force in order to

protect its own and evidently it hasn‟t caused any harm.

Alesia was the one trying causing unrest in Gergovia by infiltrating the Numenis and

creating a civil strife which will threaten the sovereignty of Gergovia. Hence, it can be

concluded that Alesia violated the following articles: UN CHARTER: Article 2 (4): 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. ARTICLE 8 OF MONTEVIDEO

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg. no.18

CONVENTION: No state has the right to intervene in the internal or external affairs of

another.

It is humbly submitted that ARTICLE 11 OF MONTEVIDEO CONVENTION: The

contracting states definitely establish as the rule of their conduct the precise obligation not to

recognize territorial acquisitions or special advantages which have been obtained by force

whether this consists in the employment of arms, in threatening diplomatic representations, or

in any other effective coercive measure. The territory of a state is inviolable and may not be

the object of military occupation nor of other measures of force imposed by another state

directly or indirectly or for any motive whatever even temporarily5.The stalling of troops

within the borders of Gergovia on the sole purpose of protection is justified on the following

grounds: ARTICLE 51 OF UN CHARTER: Nothing in the present Charter shall impair the

inherent right of individual or collective self-defence if an armed attack occurs against a

Member of the United Nations, until the Security Council has taken measures necessary to

maintain international peace and security. 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

It is humbly submitted that ARTICLE 4 OF INTERNATIONAL COVENANT ON

CIVIL AND POLITICAL RIGHTS:

5
ART 8, 11 MONTEVIDEO CONVENTION
https://r.search.yahoo.com/_ylt=AwrwJSiMEKpdUD8AR3K7HAx.;_ylu=X3oDMTBycWJpM21vBGNvbG8Dc2czBH
BvcwMxBHZ0aWQDBHNlYwNzcg--
/RV=2/RE=1571455245/RO=10/RU=http%3a%2f%2fpublicinternationallaw.in%2fsites%2fdefault%2ffiles%2fsali
ent%2f01-General%2f03-Montevideo%2520COnvention.pdf/RK=2/RS=CEYKXJtahQt0MxvbfMGcRtInzSo-

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.no.19

1. In time of public emergency which threatens the life of the nation and the existence of

which is officially proclaimed, the States Parties to the present Covenant may take measures

derogating from their obligations under the present Covenant to the extent 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.

It is humbly submitted that ARTICLE 9 OF CONVENTION RELATING OF

STATUS OF REFUGEES: Be able to take provisional measures against a refugee if needed

in the interest of essential national security.

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.20

F) That the Union of Gergovia has not violated the UN Charter by not informing its

move to the United Nations Security Council as it is only a formal and procedural

mandate by UNSC.

It is humbly submitted that Gergovia has repeatedly informed un about the issue as

Gergovia foresaw the present consequences but yet there has been no action from the UN as

the influx of the immigrants was huge and there was anonymous which was a huge threat to

Gergovian citizens and its sovereignty , by in fluxing the immigrants and causing strife in

Gergovia and deliberately blockading the strait which imply that Alesia first intended to

cause chaos and then destroy the economy of Gergovia which would imply the next obvious

step was attack on Gergovia had to act in emergency , the attack by Gergovia didn‟t cause

any physical damage or loss of life , the step was taken in order to prevent the obvious attack

from Alesia .Various political issues plague the nations, including a boundary dispute (which

led to a full-fledged war in 1961), as well as, the alleged persecution of Numenians living in

Alesia. Gergovia has repeatedly complained at international forums about this issue, most

recently in 2018 when Prime Minister Ragya Khichiyal, in her first address to the UN

General Assembly, highlighted reports by various international bodies and global think-tanks

blaming the Alesian government for treating the minority Numenians as „second class

citizens’. Gergovia filed official protests with the United Nations Human Rights Council

under Article 21 of the Convention Against Torture on May 12th, 2019.

It is humbly submitted that in Caroline case 6 established that there had to exist

"a necessity of self-defence, instant, overwhelming, leaving no choice of means, and no

moment of deliberation,' and

6
The Caroline v. United States, 11 U.S. 7 Cranch 496 496 (1813)

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.21

furthermore, that any action taken must be proportional, "since the act justified by the

necessity of self-defence, must be limited by that necessity, and kept clearly within it."

The Caroline case test

https://r.search.yahoo.com/_ylt=AwrPiBBzCapd.nYAKQi7HAx.;_ylu=X3oDMTByYmpmZjA4BGNvbG
8Dc2c

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.22

G) That the Union of Gergovia is not liable to pay compensation to Alesia.

It is humbly submitted that Gergovia has repeatedly informed un about the

issue as Gergovia foresaw the present consequences but yet there has been no action from the

UN as the influx of the immigrants was huge and there was anonymous which was a huge

threat to Gergovian citizens and its sovereignty , by in fluxing the immigrants and causing

strife in Gergovia and deliberately blockading the strait which imply that Alesia first intended

to cause chaos and then destroy the economy of Gergovia which would imply the next

obvious step was attack on Gergovia had to act in emergency , the attack by Gergovia didn‟t

cause any physical damage or loss of life , the step was taken in order to prevent the obvious

attack from Alesia.

It is humbly submitted that Reprisals refer to acts which are illegal if taken

alone, but become legal when adopted by one state in retaliation for the commission of an

earlier illegal act by another state. Counter-reprisals are generally not allowed. An example of

reprisal is the Naulila7 dispute between Portugal and Germany in October 1914. After three

Germans were mistakenly killed in Naulila on the border of the then-Portuguese colony

of Angola (in a manner that did not violate international law), Germany carried out a military

raid on Naulila, destroying property in retaliation. A claim for compensation was brought by

Portugal.

It is humbly submitted that The tribunal emphasized that before reprisals could be

legally undertaken, a number of conditions had to be satisfied: There had to be a previous act

by the other party that violated international law.

7 Naulilaa Arbitration (Portugal v Germany) 31 July 1928, 30 June 1930 and 16 February 1933

(Arbitration).

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.23

 Reprisals had to be preceded by an unsatisfied demand for reparation or compliance

with the violated international law.

 There must be proportionality between the offence and reprisal 8.

Under the following conditions, Alesia can‟t be granted damages because the first illegal act

of threatening sovereignty was done by Alesia, then again blocking the strait against laws,

Alesia doesn‟t comply with following conditions. But Gergovia whose sovereignty was

threatened by illegal influx of anonymous immigrants from Alesia, then following by

blockading the strait even then Gergovia has only acted in self-defence and didn‟t cause any

physical damages or threat of sovereignty or did anything such act which would amount to

use of force. Hence, if anybody has to be awarded compensation it has to be Gergovia

8
Law of reprisal
https://r.search.yahoo.com/_ylt=AwrxgKT2IapdaWoAfBm7HAx.;_ylu=X3oDMTBycWJpM21vBGNvbG8Dc2czBH
BvcwMxBHZ0aWQDBHNlYwNzcg--
/RV=2/RE=1571459702/RO=10/RU=https%3a%2f%2fen.wikipedia.org%2fwiki%2fReprisal/RK=2/RS=qupTuB16z
11am_n4AFZuC4xALH0-

MEMORANDOM ON BEHALF OF RESPONDENT

 Pg.No.24

PRAYER

Wherefore, in light of the issues raised, arguments advanced, authorities cited, may this
Honorable Court be pleased to uphold:

a) That the Federated Republic of Alesia has violated the Portvander Convention and

customary international law by blockading the Strait of Bartimaeus to Gergovian

traffic.

b) That the Union of Gergovia by launching a cyber-attack has acted in Self-Defence.

c) That the Union of Gergovia has not violated the territorial sovereignty of the Alesia.

d) That Union of Gergovia has not deployed „force‟ and, if it has done so, then such

force has been employed force keeping in mind its international obligations and

utmost respect for international law.

e) That the Union of Gergovia has not violated the UN Charter by not informing its

move to the United Nations Security Council as it is only a formal and procedural

mandate by UNSC.

f) That the Union of Gergovia is not liable to pay compensation to Alesia.

And/or

Pass any other order it may deem fit, in the interest of Justice, Equity and Good Conscience.

All of which is most humbly and respectfully submitted.

Place
S/d________________

Date Counsel for the Respondent

MEMORANDOM ON BEHALF OF RESPONDENT