ࡱ> JLI RF$bjbj86rrFRR4"$4#######$V%(F###%%% #%#%%%O %##0"$%N("N(%N(%h%##%"$N(R, ~:  Problem for Recruiting (2014-2015 Moot Season) Facts: 1. The Republic of Mango (RoM) is a newly independent multi-ethnic State with a population of 3 million. The two largest ethnic groups in the RoM are the Blues and the Reds, comprising 20% and 75% of the population respectively. Since independence, there has been tension between the two main ethnic groups in the RoM. 2. Mr. Grape is a respectable Red statesman and was elected as the President of the RoM in 2008. On 9 July 2009, President Grape suddenly fell ill after attending a celebratory dinner organized by a Blue community and was pronounced dead the following morning. The cause of his brief illness and death remained unclear as due to his religious convictions he was buried without an autopsy. 3. Recriminations and accusations began almost immediately, and the Blue community was accused of having poisoned President Grape. With the Vice-President unable to assert his authority, ethnic leaders of the Reds directed attacks against Blues living in RoM. Within several days, scores of unarmed Blues around the capital city were killed and hundreds beaten. By 25 July, the attacks had spread across the country, as ethnic leaders and their sympathizers took to the airwaves to incite the Red population to take revenge on any and all Blues around them. 4. Within the capital city, radio stations were proving a particularly effective means of directing attacks against the Blues. On one particular radio station, a leading DJ called Green Berry enthusiastically ordered his listeners to "squash the Blues. On numerous occasions between 28 July and 15 August 2009, he relayed information regarding precise addresses where Blues are living or working, and ordered that they be "fried, "roasted, "squashed, and "eliminated. 5. On 5 August 2009, the U.N. Security Council adopts resolution 3782 (2009), as follows: Noting with the gravest concern the reports indicating that acts of genocide have occurred in RoM and recalling in this context that genocide constitutes a crime punishable under international law, Reiterating its strong condemnation of the ongoing violence in RoM and, in particular, the systematic killing of thousands of civilians, Expressing its outrage that the perpetrators of these killings have been able to operate and continue operating within RoM with impunity, Recalling that all persons who commit, authorize or incite the commission of genocide are individually responsible for these violations and should be brought to justice, Acting under Chapter VII of the Charter of the United Nations, (1) Demands that all parties to the conflict cease hostilities, agree to a cease-fire and immediately take steps to bring an end to systematic killings in areas under their control; (2) Demands further that all parties cease forthwith any incitement, especially through the mass media, to violence or ethnic hatred. 6. By 15 August 2009, the systematic attacks on Blues within RoM had reduced their population within that country from 600,000 to 70,000: the number of deaths is estimated at 470,000, while over 50,000 Blues fled the country and sought refuge in the United States of Melon (USM), a neighboring country with large Blue populations. 7. By 25 August 2009, the attacks on Blues had ceased. In the face of economic sanctions from the UN and the EU, the ruling Red regime agreed to a cease-fire and peace talks, mediated by the UN Secretary-General. On 20 October 2009, under the Agreement on National Reconciliation of the RoM a government of national unity was formed. The government consisted primarily of Reds but included some leading members of the Blue community. In December 2009, in a controversial move, Green Berry was appointed as the RoM governments Minister for Culture, Media and Sport. 8. Throughout the crisis in RoM, the Blue groups living in USM (both the residents and the newly-arrived refugees from RoM) had called on the USM government to intervene militarily in RoM. While it frequently issued "Expressions of Real Concern, and lobbied for robust action by the UN Security Council, the USM government remained unwilling to send troops itself for what was perceived to be a risky action so close to the USM general election, scheduled for December 2009. In the aftermath of that election, a new government took office in February 2010 and resolved to take action regarding the crimes which had been committed in RoM in July-August 2009. 9. USM has been a party to the 1948 Genocide Convention since 1968. USM law includes the 2002 Genocide Act. Relevant provisions of this legislation include the following: (1) For the purposes of this Act, "genocide has the same meaning as it has in Article II of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. (2) An act of genocide, wherever committed, constitutes an offence against the law of the USM. (3) Direct and public incitement to commit genocide shall be punishable in the same manner as genocide. (4) The provisions of this Act shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or Parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Act. 10. On the basis of this legislation, and in the face of increasing pressure from the Blue groups, USM prosecutors opened criminal proceedings against Mr. Green Berry for the crime of inciting genocide between 28 July and 15 August 2009. USM requested RoM to extradite Mr. Green Berry for the purposes of this prosecution, but RoM refused. 11. In May 2011, Mr. Green Berry was invited, in his ministerial capacity, to attend the annual Regional Culture Ministers meeting in the State of Orange. On 12 May 2011, a Special Forces unit from the USM army covertly entered Orange, accessed the ministerial conference venue, and kidnaped Mr. Green Berry. They smuggled him out of the country overnight and handed him over to a criminal court in USM. 12. The government of RoM registered strong protests with USM directly, and with the UN Security Council. RoM demanded the immediate release of Mr. Green Berry from detention in USM, and his return to RoM. The State of Orange did not register any kind of complaint, officially or otherwise. 13. With the assistance of the local RNM consulate, Mr. Green Berry objected to being tried, citing USMs lack of jurisdiction over his alleged crimes, his immunity as a serving minister, and the manner in which he was brought before the Court. His case was appealed up to the USM Supreme Court. On 3 April 2012, the Supreme Court dismissed all three objections of Mr. Green Berry. His case was sent back down to the criminal court of first instance, and his trial is scheduled to start on 5 May 2014. Choose to answer one of the following questions: a) Does USM have jurisdiction over the alleged acts of Mr. Green Berry, which were committed outside USM territory and did not involve USM nationals? b) Did USM violate the immunity from criminal jurisdiction of Mr. Green Berry, a serving Minister in the RoM government? /067MOPY[mv w z   ϻ~w~w~wwwwrw hlo( hRhR hqo( hRo( hso( h!2o( ht;4ht;4 ht;4o(hth|lht56aJh|lh|l56aJo(&hKh156CJOJQJ^JaJhKCJOJQJ^JaJo( hKhKCJOJQJ^JaJ hKhtCJOJQJ^JaJ,07w + `';&cy%22UDVD]^gd|l2UDVD]^gd|l2gd|l$1$@&YD2a$gdK   < = L Q T { | ! 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