702A

The International Court Of Justice

2023

CASE CONCERNING THE MASSACRE IN PIMO

STATE OF CAROUN
(Applicant)
v.
FEDERAL REPUBLIC OF NAGARA
(Respondent)

MEMORIAL FOR APPLICANT

WORD COUNT:
TABLE OF CONTENTS

INDEX OF AUTHORITIES.....................................................................................................

STATEMENT OF JURISDICTION ...........................................................................................

QUESTIONS PRESENTED ...............................................................................

STATEMENT OF FACTS.................................................................................................

SUMMARY OF ARGUEMENTS .....................................................................................

ARGUMENTS.................................................................................................

1. THE ARREST AND DETENTION OF MAZI NDIDI MBANDU BY THE AGENTS OF THE
FEDERAL REPUBLIC OF NAGARA WERE INCONSISTENT WITH NAGARA’S
OBLIGATION UNDER INTERNATIONAL LAW AND A VIOLATION OF THE
TERRITORIAL INTEGRITY OF THE STATE OF CAROUN
a) The Arrest and Detention of Mazi Ndidi Mbandu were inconsistent with the obligations of
Nagara under the international law
b) The Arresting and detaining Mazi Ndidi Mbandu led to a violation of the territorial
integrity by Nagara under Article 2(4) of The United Nations Charter
2. THE ARREST AND DETENTION OF MAZI NDIDI MBANDU BY THE AGENTS OF THE
FEDERAL REPUBLIC OF NAGARA AMOUNT TO TORTURE AND A VIOLATION OF
HIS HUMAN RIGHTS
a. The arrest and detention violated his rights under Article 9 of The International
Covenant on Civil and Political Rights(ICCPR)
b. His detention in the undisclosed location for two weeks amounts to torture under
International Law
3. THE PEOPLE OF EASTERN NAGARA HAVE A RIGHT TO SELF DETERMINATION
UNDER ARTICLE 1(1) OF THE ICCPR
a. The right to self determination is a legal right under International Law
b. The people of Eastern Nagara are entitled to the right to self determination
4. THE NAGARAN ARMY’S EXTRAJUDICIAL KILLING AND DESTRUCTION OF
CAROUN CITIZENS’ PROPERTIES IN PIMO CONSTITUTES AN ACT OF WAR,
GRANTING THE STATE OF CAROUN THE LEGAL GROUNDS TO DECLARE WAR
AGAINST NAGARA
a. The Nagaran Army killed and destroyed the properties of Caroun Citizens in Pimo
b. The massacare in Pimo is a violation of various International Human Rights
Instruments
c. The killing and destruction of Caroun Citizens’ properties amounts to an act of war
and The State of Caroun is entitled to declare war on The Federal Republic of Nagara

PRAYER FOR RELIEF..............................................................................................

STATEMENT OF JURISDICTION
The State of Caroun and The Federal Republic of Nagara respectfully submit this dispute to the
International Court of Justice(hereinafter referred to as “ICJ”) pursuant to Article 36(1) of The Statute
of The International Court of Justice; “The Jurisdiction of the court comprises all cases which the
parties refer to it and all matters specifically provided for in The Charter of The United Nations or in
treaties and conventions in force.” The State of Caroun and The Federal Republic of Nagara have
agreed to take no further action to enforce their positions with respect to this dispute pending the
outcome of this case and both parties accept the compulsory jurisdiction of The ICJ and have agreed
to fully implement whatever decision the ICJ renders.

QUESTIONS PRESENTED

I. Whether the arrest and detention of Mazi Ndidi Mbandu was inconsistent with Nagara’s
obligation under International Law and a violation of the Integrity of the State of Caroun
II. Whether the actions of the agents of Nagara in the detention of Mazi Ndidi Mbandu amounts
to torture and a violation of the human right of Mazi Ndidi Mbandu.
III. Whether the people of Eastern Nagara have a right to self determination under the United
Nations Charter
IV. Whether the killing and destruction of the properties of the citizens of Caroun in Pimo is an
act of war which entitles the State of Caroun to declare war on the Federal Republic of
Nagara

STATEMENT OF FACTS

The State of Caroun and The Federal Republic of Nagara are neighbouring countries in the region of
Crosnia(“the region”). The eastern part of Nagara is rich in oil and shares a border with the State of
Caroun on its Southern side and as a result, some tribes are both in Caroun and Nagara. Both
countries were former colonies of Great Biten and both Caroun and Nagara obtained their
independence in 1950; Caroun in February 1950 and Nagara in August 1950 due to the conflict
amongst the Southern and Northern politicians in Nagara. Nagara profiting hugely from the oil boom
in Eastern Nagara is richer and wealthier while Caroun is largely dependent on Nagara for its energy
and market for the export of its crops and farm produce due to its being an agrarian nation. Even with
this dependence, Caroun has more motivated and efficient military who are credited to have excelled
in many foreign and UN Missions.

CONFLICT IN THE FEDERAL REPUBLIC OF NAGARA

Nagara has been hit by secessionist agitations on its eastern part since 1990. It fought a bitter Civil
War from 1977-1980 when Eastern Nagara, led by one Colonel Anaka Osukwu , declared the
Republic of Mafara and sought to join Southern Caroun. Nagara has however fought to keep the
nation one. However the restlessness and agitation still persist in Eastern Nagara and different groups
from time to time rise up to agitate for the independence of the region(Eastern Nagara). In 2013,
rd
Nagara, tired of the massive corruption, elected a retired General, Rtd General Daudu Isa, as its 3
civilian President. However, majority of Eastern Nagara did not vote for Daudu as they saw him as a
sectional leader who will majorly priotize the course of Northern Nagara. Well aware of the
sentiments against him in Eastern Nagara, Dauda, on an unofficial visit to Lundumium, the capital of
Biten, when asked why his appointments had discriminated against the people of Eastern Nagara
stated that his administration will only recognise the zones that voted for him. As he infamously
declared, “...constituents that gave me 97% cannot in all honesty be treated equally on some issues
with constituents that gave me 5%...”. Dauda’s statement did not go well with some of the elites and
politicians of Eastern Nagara, despite the fact that Dauda’s media team tried to do some damage
control. The most irked of them being Mazi Ndidi Mbandu, a Biten based journalist, who runs a radio
programme called Radio Mafara, where he berates and ridicules Dauda’s administration calling it a
“nepotistic, sectional and tyrannical government”. Mazi Ndidi’s programme has been a thorn in the
flesh of Daudu Government with the security chiefs and intelligence agencies of Nagara has left no
stone unturned in the search for Mazi Ndidi. Mazi Ndidi also lead a separatist agitation group called
The Movement for the Emancipation of the People of Eastern Nagara(MEPEN). Both the statement of
Daudu in Lundumium and his appointments have pushed the people of Eastern Nagara feeling
marginalised and swelled the ranks of MEPEN. In response to MEPEN’s activities, most of which
have been peaceful rallies in Eastern Nagara and issuing of public statements, Nagara obtained an
exparte court order from the Republic High Court proscribing MEPEN and dubbing it a terrorist
organization. This decision by the court has not been recognised by the international community,
some of which see the activities of Nagara as oppressive.

ARREST AND DETENTION OF MAZI NDIDI MBANDU

Sometime in 2015, the intelligence agencies of Nagara got intelligence report that Mazi Ndidi was
Southern Caroun to raise support among the indigenous people of Southern Caroun and holds talks
with the government of Caroun for support in the agitation of the emancipation of the people of
th
Eastern Nagara. In the morning of 12 February 2015, the Nagaran Minister of Defence in a widely
covered press conference announced the arrest and extradition of Mazi Ndidi for treason and Sedition.
Surprisingly, the State of Caroun has claimed ignorance of the whereabouts of Mazi Ndidi. According
to them, they were aware that Mazi Ndidi entered the State of Caroun for legitimate business and
were not aware of his arrest and return to Nagara. They added that they highly suspected that Mazi
Ndidi was kidnapped by agents of the Nagaran Government and if that happens to be the truth after
investigations had been concluded, then the actions of Nagara is a clear violation and breach of not
only their territorial integrity but also a violation of international law. The Nagaran government gave
no response to this. When Mazi Ndidi was interviewed by his lawyers in the Nagaran Detention
facility where he revealed to his lawyer that was arrested by unknown persons one evening in the
Caroun capital and detained in an undisclosed location for two weeks. He revealed that he was
chained to the ground and subjected to both mental and physical torture during the days of his
incarceration in Nagara. He further revealed that they were working for the Nagaran Governmentand
that he would be sent back to Nagara to face trials for his “big mouth”. After two weeks, he
wasblindfolded and put aboard a private jet which flew him from Caroun to Nagara. While
responding to Mazi Ndidi’s revelations, Mr Linus Ahmed, the Nagaran Minister for Information,
released a press statement, insisting that Mazi Ndidi was legally and legitimately extradited from
Caroun and that nothing illegal was done. Both the State of Caroun and the Federal Republic of
Nagara do not have an extradition treaty.

FURTHER CONFLICT IN NAGARA FOLLOWING MAZI’S ARREST

Since the arrest and extradition of Mazi Ndidi, MEPEN has increased its agitation for independence
and at the same time, some miscreants took that opportunity to start carrying out criminal activities on
a grand scale in Eastern Nagara, burning government buildings and killing some security officers. In
response to these activities, the Nagaran government sent in members of the Armed Forces to restore
peace and order to the region and in the process of restoring peace, the Armed forces were accused of
engaging in extrajudicial killings and forced imprisonments of innocent persons who were just at the
wrong place at the wrong time.
The Vice President of Caroun, Mr Ndubuisi Mokwe, observing the incidents in Eastern Nagara,
issued a statement in July 2021 warning the Nagaran Government to desist from the extrajudicial
killings and ethnic cleansing being carried out by members of its armed forces against the people of
Eastern Nagara. He further added that if the Nagaran Government fail to desist, the State of Caroun
will be forced to enforce the international law principle of Self Determination. As expected, the Vice
President’s statement was not well received by the Nagaran Government who, through Mr Linus,
issued a press conference calling the Caroun Government to order and reminding them that the
Republic of Nagara is a sovereign nation and has the right to conduct its affairs in ways it deems fit.

THE MASSACARE IN PIMO

st
On 21 December 2021, ten members of the Nagaran armed forces were found dead in Pimo,a village
in Eastern Nagara bordering Southern Caroun, and in response to this, the Nagaran armed forces
embarked on a vindictive expedition in Pimo, burning, destroying and slaughtering everyone in sight.
That, unfortunately, was the market day of Pimo, a market day which attracts some citizens of
Caroun. These Caroun citizens were part of the casualties in the indiscriminate killing spree carried
out by the Nagaran armed forces. By the end of the day, fifty(50) people lost their lives, with
fifteen(15) of them being Caroun citizens.
Following this incident, the executive council of Caroun held an emergency meeting and declared war
on the Federal Republic of Nagara. Following the declaration, Caroun have started mobilizing its
armed forces on the borders of Nagara, prepping for a possible invasion of Nagara.
Seeking to avoid a full blown war, both parties(Caroun and Nagara) have entered into negotiations
st
and on 1 May 2022, after negotiations between the parties, the Caroun Attorney General submitted
an Application instituting proceedings on behalf of Caroun against Nagara.

SUMMARY OF ARGUMENT

1) The actions Federal Republic of Nagara, in arresting and detaining Mazi Ndidi Mbandu, were
inconsistent with Nagara’s obligation under International law and were a violation of the
Territorial integrity of the State of Caroun under Article2(4) of the UN Charter which is a
recognised and well established principle of Customary International Law.
2) Furthermore, The arrest and detention of Mazi Ndidi Mbandu were unlawful and a violation of
his human right as prescribed under Article 9 of the International Covenant on Civil and
Political Rights(ICCPR).
3) The people of Eastern Nagara, by virtue of Article 1(2) of The UN Charter, have a right to self
determination as well as under the provisions of Article 1(1) of TheInternational Covenant on
Civil and Political Rights (ICCPR).
4) Lastly, the killing and destruction of properties of the citizens of Caroun in Pimo by the
Nagaran Armed Forces amounted to an act of war and it entitles The State of Caroun to
declare war on The Republic of Nagara

ARGUMENT

ISSUE 1
THE ARREST AND DETENTION OF MAZI NDIDI MBANDU BY THE AGENTS OF THE
FEDERAL REPUBLIC OF NAGARA WERE INCONSISTENT WITH NAGARA’S
OBLIGATION UNDER INTERNATIONAL LAW AND A VIOLATION OF THE
TERRITORIAL INTEGRITY OF THE STATE OF CAROUN

The Applicant will establish that the arrest of Mazi Ndidi are not only inconsistent with Nagara’s
obligations under International Law but they also violated the territorial integrity of The State Of
Caroun

a. The arrest and detention of Mazi Ndidi were inconsistent with Nagara’s obligation under
International law.
In the absence of an extradition treaty between The State of Caroun and The Federal Republic of
Nagara, the purported extradition of Mazi Ndidi by Nagara raises a fundamental legal question.
According to established principles of International law, extradition can only be granted through a
formal treaty between the invoved states. The action taken by Nagaran agents, arresting and detaining
Mazi Ndidi within Caroun’s jurisdiction, highlight a significant inconsistency with Nagara’s
obligation under International Law. The situations calls into question, the legitimacy of Mazi Ndidi’s
extradition, given the absence of a binding extradition treaty between the two states. In a hypothetical
scenario where an extradition treaty existed between Caroun and Nagara, Nagara still failed to adhere
to the established international procedures for extradition as outlined by the United Nations. Per The
Revised Manual on the Model Treaty on Extradition, Nagara was required to send a formal
extradition request to Caroun. This request should have included specific details such as the Fugitive’s
name, the alleged offense, and substantial evidence establishing a prima facie case against the
fugitive. Additionally, an arrest warrant should have been transmitted along with the extradition
request. Failure to fulfil these requirements constitutes a violation of the Standard Extradition protocol
as per International Law.

b. The arresting and detaining of Mazi Ndidi Mbandu led to a violation of the integrity by Nagara
under Article 2(4) of The United Nations Charter(UN Charter)

ISSUE 2
THE ARREST AND DETENTION OF MAZI NDIDI MBANDU BY THE AGENTS OF THE
FEDERAL REPUBLIC OF NAGARA AMOUNT TO TORTURE AND A VIOLATION OF HIS
HUMAN RIGHTS

The Applicant submits that the human rights of Mazi Ndidi were denied, infringed and violated.

a. The arrest and detention of Mazi Ndidi violated his rights under Article 9 of the ICCPR
Article 9(1) of The ICCPR provides that “No one shall be subjected to arbitrary arrest or
detention”. Mazi Ndidi revealed that he was arrested by “unknown persons”. The arrest and
detention of Mazi Ndidi, as described, constitute severe violations of International Human
Rights standard. Mazi Ndidi’s account reveals that he was apprehended by unidentified
individuals without proper legal procedures, denying him the fundamental right to know the
reasons for his arrest and the charges against him. Article 9(2) makes provisions to the effect
that a person who has been arrested shall, at the time of the arrest, be told the reasons for his
arrest and the charges against him. In a Canadian case, R v Storrey, it was held the officer, by
not laying the formal charge to the accused, had done an arbitrary arrest which was unlawful
under S. 450(2) of the Canadian Criminal Code and it was concluded that the arrest violated
the Canadian Charter of Rights and Freedom. Article 9(3) further provides that a person
arrested shall “promptly” be brought before a judge or other officer authorized by law to
exercise judicial power and shall be entitled to trial within a reasonable time or to release.
However, Mazi Ndidi was held incommunicado at an undisclosed location for an extended
period, eduring physical and mental abuse. Mazi Ndidi was not legally arrested, he was not
informed of the reasons for his arrest, his procedural rights were not respected and he was not
brought before a judge or other judicial officer within a reasonable period of time. This
arbitrary arrest and dentention is not only a direct violation of Article 9 of the ICCPR but is
also a direct violation of Article 9 of the Universal Declaration of Human Rights(UDHR).
Such conduct represents a grave breach of Internationally recognised Human rights norms
and principles.

b. The detention of Mazi Ndidi in an undisclosed location for two weeks amounts to torture under
International Law
The treatment of Mazi Ndidi during his detention flagrantly violated Internation Human Rights
Standards. Article 10(1) of the ICCPR provides that all persons deprived of their liberty shall be
treated with humanity and with inherent dignity of the human person. Mazi Ndidi was kept in an
undisclosed location, where he was chained to the ground and subjected to both physical and mental
torture for a period of two weeks. Moreover, his unlawful detention and the subsequent clandestine
transfer back to Nagara, blindfolded and on a private jet, further exemplify the disregard for his
human rights and contravene established international laws. The prohibition of torture is also well
established under Customary International Law. Furthermore, Article 1(1) of The Convention against
torture and other cruel, inhumane or degrading treatment or punishment provides for what amounts to
torture,” any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a third person has committed or is
suspected of having committed”. The torture of Mazi Ndidi by the Nagaran agents during the
two weeks of his detention not only constitutes a violation and a breach of the Geneva
conventions(of which both states are parties to) but also constitutes a violation of
International Human Rights Instruments .

ISSUE 3
THE PEOPLE OF EASTERN NAGARA HAVE A RIGHT TO SELF
DETERMINATION UNDER THE UNITED NATIONS CHARTER

The right to self determination is regarded, in The UN Charter, as a right of the people and it is a well
recognised International Law Principle. The people have the right to freely determine their political
status and freely pursue their economic, social and cultural development within the framework of an
existing state.

a. The right to self determination is a legal right under International Law

The right to self determination has been a legally recognised principle in international human rights
instruments like the ICCPR and International Covenant on Economic, Social and Cultural
rights(ICESCR) to which Nagara is a party to. The ICJ has recognised the right to self determination
as egra omnes obligation” and a jus cogens norm binding on all states. “Every State has the duty to
promote, through joint and separate action, realization of the principle of equal rights and self
determination of people”. The Right to Remedial Self Determination exists for the people.

b. The People of Eastern Nagara are entitled to the Right to Self Determination
In line with the contemporary state practice principles utilized to assess Bosnia-Herzegovina, Croatia
and Macedonia, minorities within established states can pursue secession for self determination if they
satisfy the six specified criteria;
• The existence of a distinct, self-defined group within a state that overwhelmingly supports
separatism
• A legitimate claim to the territory
• A pattern of systematic discrimination or exploitation against a sizeable, self defined minority
• The central government’s rejection of compromise solutions
• The prospect of the territoty and the people concerned becoming a viable state
• The effect of granting or refusing self determination on regional and international peace, the
effectuation of authoritative governmental processes and respect for human rights, and the
impact on both regional and global value processes
These criteria have been met by the people of Eastern Nagara who have been victims of the
sectionalist and systematic discrimination by the Federal Republic of Nagara
ISSUE 4
THE NAGARAN ARMY’S EXTRAJUDICIAL KILLING AND DESTRUCTION OF
CAROUN CITIZENS’ PROPERTIES IN PIMO CONSTITUTES AN ACT OF WAR,
GRANTING THE STATE OF CAROUN THE LEGAL GROUNDS TO DECLARE WAR
AGAINST NAGARA

a. The Nagaran Army killed and destroyed the properties of Caroun citizens in Pimo
In response to the killing of ten(10) members of the Nagaran armed forces in Pimo, an
Eastern Nagaran Village, the Nagaran armed forces embarked on a vengeful killing and
destruction spree in Pimo, which unfortunately, was the market day of Pimo, which attracts
citizens of Caroun and these citizens of Caroun were part of the causalties in this vengeful
and indiscriminate killing spree embarked on by the Nagaran Armed Forces. Fifteen(15)
Caroun citizens were killed.

b. The Massacre in Pimo is a violation of Various International Human Rights

Instruments
The actions of the Nagaran Armed forces in Pimo can be characterized as engaging in acts of
Collective Punishment and Reprisal. The Nagaran Armed forces belived it was justified to
enter Pimo and commit acts of mass violence and property destruction against its residents
visiting residents(citizens of Caroun) due to the alleged murder of their colleagues by the
people of Pimo. They opted for collective punishment against the inhabitants of Pimo,
encompassing the citizens of Caroun, despite the clear prohibition of such actions in various
international law instruments. Collective punishment is a violation of international
humanitarian law, explicitly prohibited by treaties governing international armed conflicts,
including The Geneva Conventions and Additional Protocol II(which both states are parties
to). It is also a violation of The Customary International Humanitarian Law(Rule 103). The
actions of The Nagaran Armed forces in Pimo can also be characterised as a reprisal. They
embarked on a “punitive expedition” in Pimo. They entered Pimo with the intention of
seeking retribution for the killing of their colleagues. In a UN General Assembly adopted in
1970, the ban on reprisals against civilians was introduced; “civilian populations, or
individual members thereof, should not be the object of reprisals”.

c. The killing and destruction of the properties of Caroun Citizens amounts to an act of
war and entitles The State of Caroun to declare war on The Federal Republic of
Nagara
 RELIEF SOUGHT

In light of the foregoing reasons, the applicants respectfully request This Honorable Court to
adjudge and declare that:

1) The arrest and detention of Mazi Ndidi Mbandu were inconsistent with Nagara’s
obligations under International Law and a violation of the territorial integrity of The
State Of Caroun;
2) The actions of the agents of Nagara in the detention of Mazi Ndidi Mbandu amounts to
torture and a violation of the human rights of Mazi Ndidi Mbandu;
3) Eastern Nagara has a right to self determination under the UN Charter of Human and
Peoples Rights;
4) The killing and destruction of the properties of the citizens of Caroun in Pimo is an act
of war which entitles the State of Caroun to declare war on The Republic of Nagara.

(Respectfully Submitted)
Agents on behalf of the Applicant