THE INTERNATIONAL COURT OF JUSTICE

THE HAGUE, THE NETHERLANDS

QUESTIONS RELATING TO THE MATTERS CONCERNING THE EXPULSION OR

THREAT OF EXPULSION OF CITIZENS OF AMIRA FROM ROPHAN

THE REPUBLIC OF AMIRA

(Applicant)
vs.

THE FEDERATION OF ROPHAN

(Respondent)

MEMORIAL FOR THE RESPONDENT

JUSTITIA MOOT COURT COMPETITION
2020

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 STATEMENT OF JURISDICTION

By virtue of the Joint Notification and Special Agreement submitted to this Court on 16 March

16 by the Republic of Amira (Applicant) and the Federation of Rophan (Respondent), and in

accordance with Article 40(1) of the Statute of the International Court of Justice, the parties

submit to this Court their differences concerning the expulsion or threat of expulsion of citizens

of Amira from Rophan.

In accord with the Special Agreement notified to the Registrar of the Court on 16 March 2020,

the ICJ is hereby requested to decide the Case of the parties on the basis of the rules and

principles of general international law as well as any applicable treaties, and also to determine

the legal consequences, including the rights and obligations of the Parties, arising from its

Judgment on the questions presented in this Case.

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 QUESTION PRESENTED

I. WHETHER ROPHAN, IN ISSUING AND IMPLEMENTING THE JOINT STATEMENT

REGARDING THE DEPORTATION OF AMIRAN CITIZNES, ACTED IN VIOLATION OF

INTERNATIONAL LAW.

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 STATEMENT OF FACTS

REPUBLIC OF AMIRA

The Republic of Amira (Amira) is a large country that lies at the west coast of the Kelvin

Continent. Despite its vast territory, it is still considered to be a developing country because of its huge

population. Amira invested heavily on Information and Communication Technology (ICT) since 1995

and even encouraged its citizens to learn software development. As a result, Amira ranked 7 th on the 2015

Worldwide Information Technology Report.

FEDERATION OF ROPHAN

Federation of Rophan (Rophan) has abundant natural resources however, its ICT infrastructure

still heavily imports its hardware and talent from other countries. For several decades, Rophan has been a

top trading partner of the Federal Republic of Mykinos with their friendly relationship lasting more than

50 years already.

DIPLOMATIC RELATIONS BETWEEN AMIRA AND ROPHAN

Rophan started its diplomatic relationship with Amira only in 1995 after the end of Amira’s Civil

War. The relationship between them was considered to be civil, with officials from both countries often

engaged with rhetoric, with Mykinos fully supporting Rophan’s position against Amira.

ROPHAN’S 2014 HIGHLY CONTENTIOUS ELECTIONS

Rophan’s 2014 highly contentious elections brought to power a government friendly to Amira.

Because of such change, Amira and Rophan drastically experienced a much-improved diplomatic relation

between them. Inclusive to this was the sudden increased inflow of laborers and skilled workers from

Amira, mostly in the ICT Industry.

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 ROPHAN, THE “HACKING CAPITAL” OF THE WORLD

In 2018, Rophan started gaining ill reputation with news creeping up that Rophan is slowly

becoming the “hacking capital” of the world, where hackers and cyber-terrorists allegedly hold base due

to lax regulations on its ICT industry. It was also reported that crime rates have gone up 15% since 2014

and national surveys reveal that the local populace is blaming it on the increased number of Amirans

working in the country.

HACKING MADE TO THE MINISTRY OF DEFENSE OF MYKINOS

The servers of the Ministry of Defense of Mykinos were hacked, compromising documents

containing state secrets, mostly involving its national security. After the investigation, it was found out

that the hack was done within Rophan and the virus used for the execution of the hacking was traced to a

small company registered under the name of an Amiran company, which incidentally employed

several Rophan workers.

ECONOMIC SANCTIONS IMPOSED BY MYKINOS TO ROPHAN

With this, Mykinos issued a statement denouncing the so-called “cyber-terrorist attack” and

“urged” the government of Rophan to act “appropriately” against Amira. With the Rophan government

failing to perform retaliatory actions against Amira, Mykinos imposed several economic sanctions against

Rophan. Because of all these, civil unrest in Rophan increased. Riots broke out in city centers and citizens

staged mass rallies against Amirans with the slogan: “KICK THEM OUT!”

ROPHAN’S 2019 NATIONAL ELECTIONS

The anti-Amiran sentiments escalated so much so that Rophan’s Democratic Nationalist Party,

who have been very vocal against Amira during the election campaign won the 2019 national elections by

a landslide.

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 STATEMENT OF ROPHAN’S NEW SECRETARY OF INTERIOR

Not long after assuming office, Rophan's new Secretary of Interior immediately issued a

statement "condemning the continued hacking and continued cyber-terrorism conducted by Amiran

citizens in our land." The Interior Secretary also added that the new government will perform "all

necessary means to protect the safety and security of the country".

THE RESPONSE OF AMIRA

In response, Amira's Foreign Minister made a statement that Rophan's statements are

"discriminatory against the citizens of Amira and the citizens of Amira do not engage in criminal

activity."

DIPLOMATIC NEGOTIATIONS ARRIVED AT AN IMPASSE

To contain the tension, diplomatic means were resorted by both countries. However, after two (2)

months of stalled diplomatic negotiations, the countries arrived at an impasse. Due to this deadlock,

Rophan severed diplomatic ties against Amira, citing the security threat posed by the number of Amirans

working in Rophan, most especially ICT workers that Rophan considers as "criminal hackers".

ROPHAN’S JOINT STATEMENT

After severing diplomatic relations, Rophan, through the Joint Statement of its Secretary of

Justice and Secretary of Interior, advised all Amirans to voluntarily leave the country within 48 hours or

face deportation. The advice also stated that those exempted from this order shall be: (1) dual citizens of

Amira and Rophan; (2) citizens of Amira who are married to citizens of Rophan; (3) and citizens of

Amira who have minor children [who are citizens of Rophan] and are living in Rophan.

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 After the lapse of the 48-hour period, Rophan's deportation agents started issuing notices to

citizens of Amira within the country reminding them to leave or else face detention and eventual

deportation.

RESPONSE OF AMIRA

Amira's foreign minister issued a statement that Rophan's acts against its citizens on forced

deportation violate international law, specifically international humanitarian law and international law

against racial discrimination.

REFERRAL TO THE COURT

Diplomatic solutions having failed, on March 16, 2020, both states jointly submitted the dispute

to the Court by concluding the Special Agreement based on Article 40 (1) of the Statute of the Court.

Rophan likewise agreed to voluntarily stay the implementation of the deportation notices until the

resolution of this case on the merits.

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 SUMMARY OF PLEADINGS

I. ROPHAN, IN ISSUING AND IMPLEMENTING THE JOINT STATEMENT REGARDING

DEPORTATION OF AMIRAN CITIZENS, DID NOT ACT IN VIOLATION OF

INTERNATIONAL LAW.

I. Rophan’s conduct was not violative of the ICCPR.

a. Amira cannot invoke the ICCPR extraterritorially.

b. Assuming without conceding that ICCPR may be invoked, the procedural safeguards

provided in Article 13 of the ICCPR should be set aside because of compelling reasons of

national security.

i. The irreparable damage to Rophan’s reputation and its diplomatic relations with

other States.

ii. Imminent threat posed by the hacking and cyberterrorism constitutes a

compelling reason of national security.

c. Assuming without conceding that ICCPR may be invoked

II. Rophan did not violate the International Covenant on Economic, Social and Cultural Rights

(ICESC).

1. Rophan did not violate the economic rights of Amirans.

III. Rophan did not violate the UNCLOS.

IV. Rophan was not violative of the ICERD.

i. Rophan has the right to expel aliens.

ii. Rophan’s action was not discriminatory against Amirans.

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 a. The differentiation was based on nationality and not of race colour, descent or

national or ethnic origin therefore it falls outside the mandate of the convention.

i. Rophan has the right to make distinctions between a citizen and non-citizen.

b. The differential treatment against Amirans was to pursue a legitimate aim.

c. There is a reasonable relationship of proportionality that exists between the aim

sought to be realized and the means employed by Rophan.

V. Rophan was not violative of the principle of non-discrimination.

VI. Rophan’s act is considered an acceptable State Practice in International law.

VII. Rophan’s act is considered as valid countermeasure.

a. Amira committed an internationally wrongful act

i. The attack is attributable to Amira under International Law

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 I. ROPHAN, IN ISSUING AND IMPLEMENTING THE JOINT STATEMENT

REGARDING DEPORTATION OF AMIRAN CITIZENS, DID NOT ACT IN

VIOLATION OF INTERNATIONAL LAW.

A. Rophan’s conduct was not violative of the ICCPR.

1.The procedural safeguards provided in Article 13 of the ICCPR should be

set aside because of compelling reasons of national security.

A state party may lawfully expel an alien in its territory. 1 The right of expulsion being an incident

of state sovereignty2, Rophan then, in a proper defense of the country from some danger anticipated or

actual, may exercise such right.

The procedural safeguards in case of expulsion of an alien that is lawfully in the territory of a

State Party may be set aside when compelling reasons of national security so requires. The irreparable

damage to Rophan’s reputation and its diplomatic relations with other States, much so the imminent

threat posed by the hacking and cyberterrorism constitutes compelling reasons of national security.

Hence, Rophan’s actions are warranted and is not violative of the ICCPR.

i. The irreparable damage to Rophan’s reputation and its diplomatic relations with other

States is a compelling reason of national security.

In 2018, news started creeping up that Rophan is slowly becoming the "hacking capital" of the

world, where hackers and cyber-terrorists allegedly hold base due to lax regulations on Rophan's ICT

industry. To combat this national dilemma, Rophan is compelled by due diligence to prevent impending

hacking and address its adverse impact. As what happened during the hacking of the Ministry of Defense
1
Article 13, International Covenant on Civil and Political Rights

2
Maal Case, Mixed Claims Commission Netherlands-Venezuela, 1 June 1903, United Nations, Reports of International Arbitral

Awards, vol. X, pp. 730-733, at p. 731.

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of Mykinos, hacking executed within the territory of Rophan, may include, as repercussions, victim States

imposing economic sanctions against Rophan. Economic repercussions of sanctions generally include

high inflation, lowered purchasing power, and a reduction in access to essential goods. As consequence,

high inflation and the unavailability of external finance following the imposition of sanctions may cause

annual gross domestic product to decline. 3 The decline in economic activities, 4 the inefficient allocation

and utilization of resources, the unequal distribution of facilities and budget cuts in the health sector, 5

result in the spread of diseases, some of which become untreatable due to lack of access to clean water,

sufficient food, and life-saving medicine. 6 Hence, irreparable damage to Rophan’s reputation and its

diplomatic relations with other States constitutes a compelling reason of national security.

ii. Imminent threat posed by the hacking and cyberterrorism constitutes a compelling
reason of national security.
The fact that Rophan still lags behind its ICT infrastructure with both hardware and talent still

mostly being imported from other countries, Rophan is a weak target for cyberterrorism. (insert here

about dangers of unprevented cyberterrorism and danger of cyberterrorism)

B. There was no unlawful or arbitrary interference with privacy and family.

Exempting citizens of Amira who are married to citizens of Rophan and citizens of Amira who

have minor children who are citizens of Rophan and are living in Rophan is in conformity with Article 17

of ICCPR. Article 17 of ICCPR provides that no one shall be subjected to arbitrary or unlawful

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1 SUZAN ADAM MOHAMMED HAMID, THE RAMIFICATIONS OF ECONOMIC SANCTIONS ON HEALTH SERVICE

SYSTEM: A COMPARATIVE STUDY OF SUDAN HEALTH SERVICE SYSTEM BEFORE AND AFTER ECONOMIC

SANCTIONS 35 (2012).

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U.N. OFF. FOR THE COORDINATION OF HUMANITARIAN AFF. & UNICEF, Economic Sanctions, Health, and Welfare in

the Federal Republic of Yugoslavia 1990–2000, 28 (May 25, 2001) (“In 1991, prior to sanctions, trade averaged US $800

million per month. In 1994 it had declined to a low of US $200 million per month.”).

5
Garfield, Devin, & Fausey, supra note 28, at 465.

6
HAMID, supra note 121, at 2.

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interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and

reputation.

C. There was no inhumane or degrading treatment or punishment.

Amirans was not subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Rophan, through the Joint Statement of its Secretary of Justice and Secretary of Interior, advised all

Amirans to voluntarily leave the country within 48 hours or face deportation. 7Even after the lapse of the

48-hour period, Amirans are only issued notices reminding them to leave or else face detention and

eventual deportation.8 (insert element of an act considered as inhumane according to Article 7 of ICCPR)

Hence, Rophan’s issuance and implementation of the joint statement is not violative of the ICCPR.

D. Amira cannot invoke the ICCPR extraterritorially.

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Compromis Par 13
8
Compromis Par 14

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Article 38 of Vienna convention

 Treaties and conventions

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 o Article 13 ICCPR
o ICERD
o UNCLOS – did not violate the unclos
 Customary International law
o State Practices
 Cyberattacks reaction – not resort internationally
 Par 8
o Opinio Juris
 General Principles of International Law
o Non-discrimination

Sovereignty

Rephase ng compromise

Par 8 – worsen ang situation

CYBERATTACK HISTORY - LESLIE

Talinn manual

CESCR
Article 6
1. The States Parties to the present Covenant 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.

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CONCLUSION AND PRAYER FOR RELIEF

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For the foregoing reasons, the Federation of Rophan respectfully requests this Honorable Court to

adjudge and declare that Rophan, in issuing and implementing the Joint Statement regarding deportation

of Amiran citizens, did not act in violation of international law.

All of which is Respectfully Submitted

This 15th day of November 2019,
Team 2R (Counsel for the Respondent)

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