THE 2015 PHILIP C.

JESSUP INTERNATIONAL LAW

MOOT COURT COMPETION

Case concerning the Frost Files

THE STATE OF AMESTONIA

APPLICANT
V.
THE FEDERAL REPUBLIC OF RIESLAND
RESPONDENT

2015
On Submission to the International Court of Justice
The Peace Palace, The Hague, The Netherlands

MEMORIAL FOR THE RESPONDENT

QUESTION PRESENTED

I.

Whether the electronic surveillance programs of Reisland violate

international law.

II.

Whether the documents published on the website of The Ames Post

are admissible to the court.

III.

Whether the expropriation of the VoR property and arrest of its

employees are consistent with international law.

IV.

Whether the detention of Joseph Kafker under the terrorism act is

consistent with its obligation under international law.

V.

Whether the cyberattacks on The Ames Post and Chester &

Walsingham are attributable to Riesland and constitute international
wrongful act.

STATEMENT OF THE FACTS

INTRODUCTION

Neighboring states, Amestonia & Riesland, established good

relations with each other and cooperated in different areas.
Riesland produced chemicals for boosting seeds yield named NEONICS
which was used in Amestonia.
States signed the treaty which allowed each state to establish the
broadcasting facilities on the others territory. In accordance with the
treaty Riesland established a division of its television corporation, The
Voice of Riesland (VoR) in Amestonia. One of VoRs most popular shows
was Tea time with Margaret, featuring interviews with leading
Amestonian politicians and business leaders.
PROBLEM
Eventually it has been discovered that NEONICS causes harmful
effect on bees that might lead to catastrophic consequences for the
environment. A number of ecological activists have joined forces in order
to attract public attention to this issue. One of the groups, THE HIVE, has
been claimed to practice violent actions. Supposedly, this group
committed firing of warehouses with barrels with the chemical and in
other means blackmailed government to make them stop the production
and utilization of NEONICS. In return, Riesland started anti-terrorist
operations, including gathering information about such activists. In
particular, Riesland detained the former Amestonian politician, Joseph
Kafker and alleged that he was one of the key figures in THE HIVE.

KEY FIGURE OF THE COMPROMIS

Former intelligence analyst of Riesland, Frederico Frost, revealed
sensitive

information

relating

to

the

long-term

secret

Rielands

intelligence operations in Amestonia. In particular, a set of documents

released a covert operation called The Verisimo Program, in which a
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surveillance device of Riesland copied information from Amestonias

internet and telephone communications traffic. Another document noted
that the premises of the VoR station were used by Riesland to collect
intelligence on Amestonian public figures and private sector leaders:
during the Tea with Margaret Show their mobile phones have been
collected for the purpose of installing a rootkit malware. The whistleblower distributed information with the legal support from Chester &
Walsinham law firm and through The Ames Post newspaper who
published leaked materials.
CRISIS
After the leak, Amestonia expropriated the property of the VoR and
arrested its employees, suspecting them of espionage.
At the same time, the computers networks of The Ames Post and Chester
& Walsinham have been hacked and disabled. Riesland is suspected in
conducting these cyber-attacks. The States have referred all matters in
their dispute to the International Court of Justice.

PLEADINGS

I.

ADMISSIBILITY

OF

SURVEILLANCE

INFORMATION

AS

EVIDENCE

Rieslands surveillance acts does not violate any international law.

Surveillance and espionage are practiced throughout history by any
sovereignty,

therefore

supporting

the

legitimacy

of

spying

and

surveillance activities as part of the international customary law, a set of

unwritten international common law principles.
Evidences

gathered

by

Amestonia

are

information allegedly originating from Rieslands

stolen

surveillance

Surveillance Bureau.

Such evidence should not be admitted in a court of justice because it

raises doubt as to the integrity and validity of the evidence, especially
since its a highly-confidential information.
II.

THE

LEGALITY

OF

AMESTONIAS

TERMINATION

OF

THE

TREATY
Amestonia is not entitled to automatically and arbitrarily terminate
the treaty. The treaty states that it can only be terminated when the
station cannot function as envisaged in the treaty. By interpreting the
phrases ordinary meaning in good faith, it is clear that The Voice of
Riesland (VoR) did not violate any provision and the alleged offense does
not constitute a material breach as defined by the Vienna Convention.
In the event that Amestonia intend to terminate the treaty, such
termination should follow the international procedure set by the Vienna
Convention. None of the procedure was observed and Amestonia rather
sought for a solution using at gunpoint remedies resulting to the undue
expropriation of Rieslands properties and the arrest of VoRs employees
violating rights inherent to Riesland and its agents.

III.

THE VALIDITY OF JOSEPH KAFKERS ARREST AND DETENTION

The arrest and detention of Joseph Kafker is valid and in accordance

with the international law. There were reasonable grounds to raise a

question as to a possible commission or provocation of an act of terrorism
in Rieslands territory. Thus, necessary measures to ensure that an Act of
Terrorism will be prevented were applied by The Republic of Riesland.
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The arrest of Joseph Kafker was lawful and his detention was made
to bring him to a competent court and to prevent him from committing
other offence and fleeing right after. None of his inherent right as a person
was either violated or neglected.

IV.

THE ATTRIBUTABILY OF CYBER-ATTACKS TO RIESLAND

There are no clear and convincing evidence to establish that

Riesland committed a cybercrime. The evidence presented does not carry

enough weight, such evidence is hard to find and prove and will take more
time and resources than a simple analysis of easily manipulated IP
address. There are no clear cyber borders between countries and
therefore cyber-attacks are not accurately traceable. In addition, even if
the identity of the cyber hacker can be ascertained properly, it will be
more difficult to establish Rieslands connection and responsibility.
Assuming arguendo that Riesland indeed launched a cyber-attack, it
is justified and within the established provisions of the International
Telecommunications Law. The Union grants a state the right to cut-off any
non-state from circulating dangerous information for security purposes.
The Ames Post and Chester and Walshigsham is committing serious threat
to peace, public order and human right by publicly divulging highly
confidential information.