INTERNATIONAL COURT OF JUSTICE

COMPROMIS
BETWEEN THE REPUBLIC OF DRABENOM (APPLICANT) AND THE
REPUBLIC OF TOBUWA (RESPONDENT) TO SUBMIT TO THE
INTERNATIONAL COURT OF JUSTICE THE DIFFERENCES BETWEEN THE
STATES CONCERNING THE USE OF UNMANNED DRONES AND THE
BORAMADIN BRIBERY SCANDAL
jointly notified to the Court on 7 December 2013
COUR INTERNATIONALE DE JUSTICE
COMPROMIS
ENTRE LA RPUBLIQUE D'DRABENOM (DEMANDERESSE) ET L'UNION
DES TOBUWA (DFENDEUR) VISANT SOUMETTRE LA COUR
INTERNATIONALE DE JUSTICE
LES DIFFRENDS QUI OPPOSENT LES DEUX TATS AU SUJET
LUTILISATION DE DRONES ET BORAMADIN CORRUPTION SCANDALE
notifi conjointement la Cour le 7 decembre 2013

COMPROMIS SUBMITTED TO THE INTERNATIONAL COURT OF JUSTICE

BY THE REPUBLIC OF DRABENOM AND THE REPUBLIC OF TOBUWA ON
THE DIFFERENCES BETWEEN THEM CONCERNING THE USE OF
UNMANNED DRONES AND THE BORAMADIN BRIBERY SCANDAL
Drabenom and Tobuwa, Considering that differences have arisen between them
concerning the use of unmanned drones
and the Boramadin Bribery Scandal;
Recognizing that the Parties concerned have been unable to settle these differences by
negotiation;
Desiring further to define the issues to be submitted to the International Court of
Justice; Therefore, the Parties have concluded the following Compromis:
Article 1
The Parties submit the questions contained in the Compromis (together with
Clarifications to follow) to the International Court of Justice pursuant to Article
40(1) of the Statute of the Court.
Article 2
(a) The Court is requested to decide the Case on the basis of the rules and principles
of general international law, as well as any applicable treaties.
(b) The Court is also requested to determine the legal consequences, including the
rights and obligations of the Parties, arising from its judgment on the questions
presented in the Case.
Article 3
(a) All questions of procedure and rules shall be regulated in accordance with the
provisions of the appended Official Rules.
(b) The Parties request the Court to order that the written proceedings should
consist of Memorials presented by each of the parties.
Article 4
(a) The Parties shall accept any Judgment of the Court as final and binding upon
them and shall execute it in its entirety and in good faith.
(b) Immediately after the transmission of any Judgment, the Parties shall enter into
negotiations on the modalities for its execution.
In witness whereof, the undersigned, being duly authorized to do so, have signed
the present Compromis and have affixed thereto their respective seals of office.
Done in Cagayan de Oro City, Philippines, this 6th day of December 2013, in
triplicate in the English language.
Ambassador of the Republic of Drabenom Ambassador of the Republic of Tobuwa
to the Republic of Tobuwa to the Republic of Drabenom.

OFFICIAL RULES

**COMPROMIS**
Republic of Drabenom vs. Republic of Tobuwa
THE CASE CONCERNING THE USE OF UNMANNED DRONES AND THE
BORAMADIN BRIBERY SCANDAL
1.
The Republic of Wamoni is a least developed country found in the West-central region of
the Imobe continent. Throughout its history, Wamoni has experienced a continuous state of civil
war. Yoxiqa, a religious extremist movement, emerged during this period of anarchy. In 1995,
Yoxiqa succeeded in controlling 90% of Wamoni.
2.
Most of the members of the international community did not recognize the Yoxiqa in
light of its tolerance for hosting terrorists. In 1996, the terrorist group Liberation Army of
Freedom Fighters (LAFF) began using Wamoni as a base of operations. Under the Yoxiqa,
LAFF was able to use Wamoni as a place to train its fighters, import arms, and plot terrorist
attacks.
3.
The Republic of Tobuwa is a developed country located in the Eastern Tobuwa continent,
which is about 12,000 miles away from Wamoni. Tobuwa has always been considered a military
power and it accounts for two-fifths of global military spending. Tobuwa has a vibrant arms
industry and is the worlds top arms supplier.
4.
The Defense and Munitions, Incorporated (DMI) a private corporation organized
under the laws of Tobuwa, is the worlds largest defense contractor and weapons developer. DMI
is involved in several major defense projects, including the development of unmanned drones for
the Tobuwai armed forces and the so-called Boramadin contracts with the Republic of
Drabenom. DMI has been the subject of criticism and is alleged to be involved in unethical and
corrupt practices in its arms deals with developing countries.
5.
The Republic of Drabenom, a developing country in North-central Imobe, is considered
by Tobuwa as its major ally in the region. It shares 1,500 mile-long border with Wamoni. The
Drabenom-Wamoni border is mountainous and porous making it impossible to monitor crossborder movements.
6.
On June 28, 2005, a car bomb exploded in Gozape, the capital of Tobuwa, killing
hundreds of civilians. This was the first time a terrorist attack was successfully carried out in
Tobuwa. LAFF claimed responsibility for the attack. In response to the Yoxiqas refusal to hand
over LAFF terrorists linked to the attacks, the Republic of Tobuwa and its coalition allies invaded
Wamoni and successfully installed a new government.
7.
Efforts to rebuild Wamoni have been hampered by a growing Yoxiqa insurgency. Attacks
by Yoxiqa insurgents and LAFF have dramatically increased resulting to significant casualties to
the civilian population and Tobuwa soldiers. In 2009, intelligence reports confirm that Yoxiqa
and LAFF have established camps in the Indigenous Administrative Regional Areas (IARA) of
Drabenom, situated near the border. IARA exercises considerable autonomy from the rest of
Drabenom. Intelligence reports from both Tobuwa and Drabenom have confirmed that LAFF uses
the border to move terrorists and arms in and out of Wamoni.
8.
In 2010, the Boramadin deal consisting of a package of small arms, attack helicopters,
and armored vehicles manufactured by DMI for Drabenom was approved by Tobuwa. Tobuwas
Department of Defense stated that the sale is consistent with its policy in the region and
contributes to maintaining security and stability in the Wamoni-Drabenom border.
9.
There have been numerous allegations that the Boramadin contracts were a result of
bribes to Drabenom government officials. In 2011, News of the Globe (NG) broadcasted an
investigative report, including allegations in interviews with former DMI officials about bribing
Drabenoms Minister of Defence, Nalal Farado, in relation to the Boramadin contracts.
10. Tobuwas Regulation and Restrictions Enforcement Agency (RREA), which is responsible

for the investigation and prosecution of suspected cases or serious or complex fraud, opened an
investigation a day after NG broadcasted the Boramadin bribery report. DMI refused to reveal
the details of its payments to Drabenom. The investigation was for prosecution under Part 15 of
Tobuwas Criminal Code Amendment Act of 2004 which extended Tobuwas laws against
bribery to cases where the person who receives or is offered a reward have no connection with
the Republic of Tobuwa and are carried out in a country or territory outside the Republic of
Tobuwa.
11. Efforts to prevent the cross-border smuggling of insurgents and arms in the border have been
unsuccessful. On December 10, 2011, a border clash occurred between between Tobuwa and
Drabenom soldiers where Drabenom soldiers fired upon Tobuwa soldiers who crossed the
border into Drabenom while on pursuit of insurgents. The Government of Drabenom issued a
statement two days later stating that it is reconsidering its support to the war effort in Wamoni in
light of Tobuwas border incursions.
12. On February 5, 2012, the Director of the RREA wrote to Tobuwas Attorney General to inform
him that the RREA was dropping the investigation, citing real and imminent damage to
Tobuwas national and international security and would endanger the lives of Tobuwa nationals
and military personnel. On the same month, the Attorney General announced that the
investigation was being discontinued. The President of Tobuwa, Remon Zowani, justified the
decision by stating, among others things, that: Our relationship with Drabenom is vitally
important for our country in terms of counter-terrorism and in terms of stabilizing and
rebuilding Wamoni. That strategic interest comes first.
13. On January 2013, Tobuwa launched a new counterinsurgency strategy which utilizes
unmanned drones to strike terrorist targets in Drabenom. According to Tobuwai intelligence, the
drone strikes were able to kill key terrorist leaders and hinder their operations. Armed attacks
against Tobuwa forces in Wamoni have also been reduced significantly.
14. Tobuwa received intelligence that Tomas Parinam, a Yoxiqa commander, was going to attend
a dinner in a compound in the village of Civa in IARA on July 12, 2013. Several missiles were
fired into the compound by an unmanned drone. Initially, Tobuwa declared that the strike killed
several members of Yoxiqa and LAFF. Local accounts later confirmed that at least seventeen
civilians were killed and roughly twenty were wounded. Of those killed, at least eight were
children. Parinams wife, sister, and sister-in-law were all killed as well. Parinam was not
present at the time of the bombing.
15. The drone strike generated public anger in Drabenom and widespread condemnation from
several countries in the world. On July 18, 2013, Aman Pediq, the prime minister of Drabenom,
issued a statement condemning the attack and withdrew the Government of Drabenoms support
to Tobuwas operations in Wamoni. Nonetheless, Tobuwa further intensified its drone operations
in Drabenom.
16. On July 22, 2013, President Remon Zowani, announced the re-opening of the Boramadin
investigation and stated, among other things, that from this day forward, we will safeguard the
memories of those who died and will not buckle to blatant threats from countries to end their
cooperation in the war against terror.
17. As part of its ongoing investigation, the Tobuwa Department of Justice questioned several
DMI officials in connection with the Boramadin bribery scandal and issued subpoenas to a
number of DMI employees. Tobuwa requested the assistance of the Drabenom Ministry of Justice
on the matter. However, several months have passed and there was no response from Drabenom.
18. On August 3, 2013, the Tobuwa Department of Justice released the results of its investigation
and found that, Hasan Logato, acting as DMIs agent in Drabenom, distributed bribe payments to
Minister Farado and other defense officials in return for help in securing the Boramadin
contracts. The investigation also found that DMIs CEO Kino Hobu and Executive Director
Geraldo Bortan authorized the bribes. Tobuwa sent another request for mutual legal assistance to
Drabenom along with a request to freeze and seize the bribe payments deposited in the National
Bank of Drabenom. Drabenom did not freeze and seize the assets.

19. Tobuwa police arrested Hobu and Bortan and were prosecuted for bribery and corruption
charges. Bribery charges were also filed against Logato. On August 7, 2013, the Department of
Justice sent a formal request to Drabenom for the extradition of Logato and to take steps to hold
Farado and other defense officials liable.
20. On August 10, 2013, President Remon Zowani issued a statement condemning Drabenom for
its lack of cooperation in combating corruption. He said, among other things, that: prevention
and eradication of corruption is a responsibility of all States and that all States must cooperate
with one another. Drabenom has an obligation to extradite Logato, freeze and seize the bank
accounts containing the bribe payments and to prosecute Farado and other defense officials
involved in the bribery scandal. President Zowani stated that Drabenoms legal system is
inadequate in carrying out its obligations to prevent and eradicate corruption.
21. On August 12, 2013 Prime Minister Pediq issued a reply stating that: The Government of
Drabenom is carrying out its obligations in full agreement with international law. Drabenom has
the state sovereignty to decide how international obligations are carried out, without the
intervention by another state. Moreover, Tobuwas so-called anti-corruption efforts are
politically motivated. Tobuwa merely re- opened the investigation in response to Drabenoms
withdrawal of support to Tobuwa.
22. On August 13, 2013, the Drabenomi Justice Minister also sent a letter to his counterpart in
Tobuwa, which in relevant part, read as follows: Hasan Logato is a national of Drabenom. In
accordance with our laws, we must refuse his extradition to Tobuwa.
23. On August 16, 2013, unmanned drones, which routinely conduct surveillance flights in IARA
made note of the presence of Parinam and Viktor Mekowi, a LAFF deputy, in the village of Huba
in IARA. An unmanned drone bombed four houses. The operation succeeded in killing Parinam
and Mekowi. However, fourteen civilians were killed including women and children and eleven
were wounded in the attack.
24. In August 17, 2013, Prime Minister Pediq sent a diplomatic note to his counterpart in Tobuwa,
which read in relevant parts as follows:
My Government has consistently protested the continued deployment and use of
unmanned drones in the sovereign territory of Drabenom. These drone attacks are
carried out without legal basis. These attacks constitute indiscriminate killings in
violation of international human rights law. Moreover, the drone attacks resulting in
significant collateral damage constitute violations of international humanitarian law.
Also, we insist that you stop your political reprisal against us by pushing through with
your so-called anti-corruption efforts. Drabenom reserves the right to decide how its
foreign policy is conducted and that includes our decision to withdraw our support from
your war in Wamoni. Specifically, I inform you of our intention to pursue legal action
against Tobuwa before the International Court of Justice.
25. Tobuwa President Zowani replied on August 18:
While we are aware of your opposition to the continuation of our drone operations in
Drabenom, we would like to assure you that Tobuwas use of unmanned drones complies
with all applicable law, including the laws of war. As a matter of international law, the
Republic of Tobuwa is in an armed conflict with LAFF, as well as the Yoxiqa, in response
to the Gozape attack, and may use force consistent with its inherent right to self-defense
under international law to target persons who are planning attacks against Tobuwa.
Likewise, we reiterate our demand that Drabenom comply with its obligations under
international law concerning anti-corruption measures. I note, however, with satisfaction
your suggestion that this matter be referred to the International Court of Justice for
adjudication. Tobuwa agrees to make a joint submission to the Court, and invites your
foreign minister to contact ours to work out the modalities for a peaceful resolution of
our dispute.
26. After bilateral negotiations, Drabenom and Tobuwa submitted a written application to the
Registrar of the Court on December 5, 2013, together with this Compromis. The parties have

undertaken to abide by the results of this proceeding.

27. At all relevant times, Drabenom and Tobuwa have been members of the United Nations. Both
countries have also signed and ratified the 1949 Geneva Conventions and their two Additional
Protocols of 1977, the 1969 Vienna Convention on the Law of Treaties, the International Covenant
on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights.
Both are also parties to the United Nations Convention Against Corruption (UNCAC), although on
transmitting its instrument of ratification of UNCAC to the Secretary-General in June 2010,
Drabenom appended this Declaration: Pursuant to Article 44 of the Convention, the Republic of
Drabenom shall consider this Convention as a legal basis for cooperation on extradition with
other State Parties; however the Republic of Drabenom shall not consider the Convention as a
legal basis for the extradition of Tobuwa nationals. There is no bilateral extradition treaty
between Drabenom and Tobuwa.
28. Applicant, Drabenom, requests that the Court adjudge and declare that:
(a) the deployment of unmanned drones by Tobuwai armed forces has been and continues to
be a violation of Drabenoms sovereignty, and order Tobuwa to stop its drone operations
in Drabenom at once.
(b) the use of unmanned drones is a violation of international law.
(c) Drabenom did not violate international law when it denied Tobuwas request to freeze
and seize the proceeds of the Boramadin bribery payments.
(d) Drabenoms refusal to extradite Mr. Hasan Logato is consistent with international law.
29. Respondent, Tobuwa, requests that the Court adjudge and declare that:
(a) The deployment of unmanned drones in Drabenom has been and continues to be fully
justified underinternational law.
(b) Tobuwas use of unmanned drones has been entirely lawful.
(c) Drabenom violated international law by denying Tobuwas request to freeze and seize
the proceeds of the Boramadin bribery payments.
(d) Drabenoms refusal to extradite Mr. Hasan Logato is in violation of international law.

REMINDERS
1. The Compromis is, in essence, a stipulation of facts. Its words have been carefully
chosen, and are the result of extensive negotiation. The parties decline to clarify
matters about which they are unlikely to agree. The parties will not stipulate as to
which legal principles are relevant, or which arguments are acceptable or
unacceptable.
2. Any request for clarification not addressed in the following paragraphs had been
considered by the parties to be redundant, inappropriate, or immaterial, or the
parties were unable to reach agreement on a mutually acceptable answer.
3. Except to the extent that the Compromis and any subsequent clarifications may
make, participants are to assume that the Compromis is accurate and complete in
all respects. In particular, both parties stipulate as to the authenticity of all
documents and of the signatures on all documents referenced in the Compromis.
4. With respect to pronunciations of the various proper names used in the
Compromis, all parties and the Court have agreed that they will not take formal or
informal offense at any reasonable effort to pronounce proper names correctly.