1HL A1LNLO DL MANILA UNIVLRSI1Y'S 7S

1H
ANNIVLRSARY
IN1LRNA1IONAL LAW MOO1 COUR1 COMPL1I1ION

* * COMPROMIS * *

1HL RLPUBLIC OI ALQUISADA V. 1HL KINGDOM OI RANCLS

1HL CASL CONCLRNING 1HL 1LMPLL OI AGUA VIVA

1. Mercado was a ormer colony o the Lmpire o Mejia until 16 September 1812 when it
gained independence as the New Republic o Mercado. Mercado was comprised o two
major ethnic groups, the Adarna and the Aguila. 1he two groups are primarily separated by
the Amoroso Rier, a large rier that runs through the middle o the country, which starts
rom the mountain range o the Northern Kingdom o Suarez, and ends at the Southern
Gul o Mercado. Its widest point is 50 kilometers. 1he Adarnas traditionally occupied the
eastern banks o the rier while the Aguilas hae settled on its western banks. Although they
adhered to dierent religions, the two ethnic groups both hold the Amoroso Rier sacred.

2. In lebruary o 1820, tension between the two ethnic groups rose because o an incident
along the banks o the Amoroso Rier between isherolk. 1his led to seeral incidents o
iolence, and by 1823, a ciil war erupted in Mercado. Ater 10 years o war, Mercado was
dissoled in 1833 and two soereign States emerged. 1he Republic o Alquisada emerged
west o the Amoroso while the Kingdom o Rances came into existence on the east. 1he
1reaty o Jilgenio, signed on 15 August 1831 delineated the borders o the two States by
reerring to the Amoroso as "separating the Contracting Parties, the Lastern and \estern
banks o which deine the limits o the exclusie territory o each Contracting Party adjacent
to the banks respectiely."

3. 1he 1emple o Agua Via was built in the 2
nd
Century B.C. in Segoia, an island in the
Amoroso. 1he island itsel is primarily 30 square kilometers o orest land. 1he 1emple is
the dominant eature o the island, standing on top o the island's natural peak, and consists
o 2 square kilometers at its base with our equal sides. listorians say that it once was a
temple-ortress o the warrior-race Varon. 1he Varon race is the ethnic ancestor o the
Adarnas and Aguilas. \ithin the temple was the statue o Abu, a prized artiact that
symbolized the height o the Varon culture. 1his statue stood 10 eet tall and weighed hal a
tonne. It was made o clay and studded with precious metals and jewels.

4. Upon the dissolution o Mercado, the temple was immediately declared by Rances as a
national cultural heritage site. Alquisada, on the other hand, responded by installing military
posts on the island and declared the island to be within its absolute soereign jurisdiction.
Rances protested through diplomatic channels but did not make any attempt to seize the
island. loweer, ethnic Adarnas were still allowed to worship in the temple. Despite this
inormal arrangement, the conlict oer the temple periodically led to iolence.

5. In 1990, Alquisada published an oicial map which included the island as part o its
exclusie territory. It then reinorced its military installations within the island and by 1995,
strictly controlled the entry o Adarnas into the island and temple, and exploited its natural

resources. Again, Rances iled a diplomatic protest. Alquisada noted the protest but did not
reply. 1his moe was also strongly condemned by ethnic Adarnas in Rances. Massie
demonstrations were seen in the Rancesian capital o Bedural.

6. 1he Adarna Society or Independence and Liberty ,ASIL,, a radical right wing group, started
to gain popularity among the citizens o Rances. 1he ASIL Special lorces sere as its
military arm. ASIL is composed o ethnic Adarnas who subscribes to orthodox Adarna
belies and insists that the goernment reclaim the temple that has been the home o their
Gods and ancestors.` Led by Dabao \ao, ASIL started mounting a iolent campaign
against the ruling monarchs and organized military oensies against goernment buildings
and inrastructure. It sought to reestablish the way o lie beore the eneebling o Rances
by spineless bureaucrats and sel-proclaimed monarchs.` By late 2008, ASIL successully
controlled most o Rances and members o the nobility started to lee the country due to
credible threats o a rebellion.

. In the night o 10 August 2009, Dabao \ao quickly seized the opportunity to increase his
popularity by reclaiming the statue o Abu. le planned to parade the statue around the
streets o the capital, presenting it as a git to the people o Rances and as a symbol that his
goernment would not be cowed by the Alquisadans. le ordered the ASIL Special lorces
to launch 507,943%07-0. Under the coer o a rain squall the Special lorces landed on the
island and entered the temple. 1he Alquisadan soldiers stationed in the island were
completely caught by surprise. Ater disabling the soldiers surrounding the temple, the
Special lorces took the statue to the banks o the rier and waited or a barge which will
carry it to Rances. 1he unusually strong currents, howeer, preented the barge rom taking
anchor.

8. By this time, the Alquisadan troops had regrouped. 1he commander, knowing the strategic
importance o the temple's position on the island, ordered his troops to retake the temple.
1he skirmish lasted or 4 hours, with the ASIL orces ortiying a key position in the temple
and ighting iercely. 1he Alquisadan troops took heay casualties and retreated to the
western port o the island to regroup.

9. In the meantime, haing receied reports o what had transpired, Alquisadan President
Nyoro Bondoc condemned the Rancesian operation as a "breach o the international custom
against the use o orce" and owed to reclaim what is rightully ours.` She instructed
Iniego Dimaculangan, her deense minister, to act switly and decisiely` in organizing a
counteroensie. 1hus, on the ollowing day, the Alquisadan army bombarded the
surrounding areas o the temple to orce the Rancesian commandos out o the temple.

10.1he ASIL Special lorces commander realized that their only hope or success was to stall
or time so that the statue could be saely transported to the barge along the Amoroso. 1o
accomplish this, he ordered most o his men to stay inside the temple and deend it, while
the statue is being brought the barge. \hile the statue's transport was underway, the
Alquisadan mortar ire was hitting dangerously close to the temple. 1he Alquisadan
commander ordered the artillery ire to cease. loweer, one mortar team was hit by ASIL
sniper ire and responded by iring a inal round aimed at the ASIL Special lorces going out
o the 1emple. 1he mortar hit the temple and destroyed its western wing.

11.linally, the Special lorces successully transported the statue to the barge and brought it
back to Rances. loweer, Alquisadan troops were able to reclaim the temple and arrested
some o the ASIL commandos who were not able to lee.

12.Llated by the return o the statue to Rances, ethnic Adarnas went out to the streets to
celebrate. More than a million people locked to the central square in Bedural where Dabao
\ao was supposed to present the statue. In the midst o these celebrations, some Adarnas
became extremely iolent and started randomly attacking known supporters o the King.
1hey stoned their houses, set ire to their cars, and een physically assaulted them. \hen
Dabao \ao inally appeared in the square, he instructed the people to march to the King!
Let`s put an end to the illegitimate and inordinate monarchy! It`s time to let the true
soereign rule our land!`

13.1ogether with the ASIL Special lorces, the one million strong Adarnas began marching to
the Palacio de Baldemor, the oicial residence and oice o the King and lead o State.
learing bloodshed, King Kcram l`pesoj decided to lee. le sought the help o Rodriguez
Manuel, the president Atheneum, a military power north o Rances. 1he ormer sent
helicopters to which airlited King l`pesoj rom the Palacio de Baldemor. Although the
King protested the illegality o the attack, Dabao \ao proclaimed himsel as the president o
the New Republic o Rances. le owed to reclaim what was rightully Rancesian` and
denounce eeryone who has tarnished Rancesian soil.`

14.Immediately, Dabao sent a diplomatic note to Alquisada, condemning the attack on the
1emple. le requested that Alquisada immediately pay reparations or the damage done.
Alquisada did not respond. Newspapers in both Rances and Alquisada the next day reported
that the President o Alquisada released a Statement to the eect that it does not recognize
goernments which came into power through illegal means.`

15.On 18 August 2009, King Kcram l`pesoj and the subjects loyal to him sought to regain
control o the Palacio de Baldemor through the help o the Atheneum`s military. Led by
General \asmin \ong, Athenean troops launched a ground and aerial oensie against the
illegal occupants` o the Palacio. Initially caught by surprise, the ASIL Special lorces were
quick to regroup. 1hey launched a counter-oensie and were able to hold the attack or
more than 3 days. On 22 August 2009, due to exhaustion and the military might o
Atheneum, the Special lorces surrendered. Dabao \ao was arrested or charges o rebellion
and King Kcram l`pesoj was reinstalled as the ruling monarch.

16.1housands o ASIL supports rallied to the streets, condemning the monarchy and the
unlawul interention` o Atheneum. 1here were numerous attempts to seize the Palacio.
learing that another siege might orce him out o the Palacio, King l`pesoj asked President
Manuel or assistance. In response, President Manuel sent members o Atheneum`s elite
squadron to roam the grounds o the Palacio.

1.Also, in an attempt to paciy the Adarnas, King Kcram l`pesoj reied the claim o Dabao
\ao against Alquisada. 1hrough a diplomatic note, he requested that Alquisada pay Rances
reparation or a injuring and destroying an integral part o Rancesian culture and identity.`

le also claimed that it was the indiscriminate iring o Alquisadan troops and their ailure
to take proper precautions which led to the damage o the most signiicant temple in all o
Amoroso.` In reply, the Alquisadan President stated that it was Rances which illegally
attacked our territory. 1he destruction o the 1emple was the immediate and necessary
consequence o our act to deend Alquisadan soil against an unlawul incursion by oreign
troops.`

18.In light o the worsening peace and order situation in the region, the Security Council
promulgated Resolution 1936 concerning 1he Adarna Situation.` 1he Council urged the
parties to take all necessary measures` to ensure the rule o law. It also urged Alquisada
and Rances to resole disputes peaceully` and to enter into negotiations.` Ater months
o negotiations, howeer, both parties still cannot reach an agreement. Perillo Dani, the
Alquisadan oreign minister, then suggested that they bring the matter to the International
Court o Justice. 1hus, on 20 June 2011, both parties signed a joint agreement and
submitted the dispute to the Court`s registrar.

19.Both States are members o the United Nations. 1hey are also parties to all the lour
Genea Conentions and the Additional Protocols thereto, the Vienna Conention on the
Law o 1reaties, the lague Conention on the Protection o Cultural Property, and the
International Coenant on Ciil and Political Rights. Also, the Constitution o Rances
proides that it accept|s| the generally accepted principles o international law as part o the
law o the land.`

20.Applicant requests that the ICJ declare and adjudge that:

a, 1he attack on the Island o Segoia is attributable to Rances,
b, 1he attack constitutes a iolation o International Law,
c, Alquisadan conduct, with respect to the 1emple o Agua Via is consistent with
international law,
d, Alquisada does not hae an obligation to pay Rances reparations or the destruction o
the 1emple.

21.Respondent requests that the ICJ declare and adjudge that:
a, 1he attack on the Island o Segoia is not attributable to Rances,
b, Rances`s conduct, at all times, is consistent with International Law,
c, Alquisada iolated International Law when it destroyed the west wing o the 1emple o
Agua Via,
d, Alquisada must pay Rances reparations or the damage done to the 1emple.