6th Justice P.N.

Bhagwati International Moot Court Competition on Human Rights

LIST OF AUTHORITIES (In Alphabetical Order)

ARTICLES REFERRED
1. Clarke Independent, Learning from Somalia: The Lessons of Armed Humanitarian
Intervention.
2. De Waal, Famine Crimes: Politics and the Disaster Relief Industry in Africa, 1997.
3. J. Macrae and A. Zwi, Famine, Complex Emergencies and International Policy in
Africa: An Overview.
4. Human Rights Watch, Ethiopia: Lethal Force Against Protesters Military
Deployment, Terrorism Rhetoric Risk Escalating Violence, 2015.
5. J. Eriksson, The International Response to Conflict and Genocide: Lessons from the
Rwanda Experience, Synthesis Report (Steering Committee of the Joint Evaluation
of Emergency Assistance to Rwanda, Copenhagen, 1996).
6. Ministry Of Human Rights, Message from the Prime Minister of Pakistan on
International Human Rights Day, 10th December, 2014.
7. R. Waldman, Public Health in War: Pursuing The Impossible, Harvard International
Review, 2005.
8. S. Schmemann, In Refugee Statistics, A Stark Tale of Global Strife, The New York
Times, June 20, 2014).
9. S.L. Burg and P.S. Shoup, The War in BosniaHerzegovina: Ethnic Conflict and
International Intervention.

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BOOKS REFERRED
1. Taylor B. Seybolt, Humanitarian Military Intervention: The Conditions for Success
and Failure, 2003.
2. Lassa Francis Lawrence Oppenheim, International Law, Volume I, Peace, 1905;
Volume II, War, 1906.
3. Health and Human Rights Journal, The Right to Life in Peace: An Essential
Condition for Realizing the Right to Health, Number 1, Volume 17, June 4, 2015.
4. J.M. Taw, The Perils of Humanitarian Assistance in Armed Internal Conflicts:
Somalia in the 1990s, Small Wars and Insurgencies, Vol. 15, No. 2, 2004.
5. Taylor Seybolt, The myth of neutrality, Peace Review, Vol. 8, No. 4, December
1996.
CASES CITED
1. Albania v. United Kingdom, ICJ Reports (1949).
2. Arshad Mahmood v. Government of Punjab, PLD (2005) SC 193.
3. Benazir Bhutto v. President of Pakistan, PLD (1998) SC 388.
4. Democratic Republic of the Congo v. Uganda, ICJ Report (2005).
5. Kharak Singh v. State of U.P., AIR (1963) SC 1295.
6. Munn v. Illinois (1876) 94 US 113
7. Shehla Zia v.WAPDA; PLD (1994) SC
8. Syed Mansoor Ali Shah and 4 Others v. Government of Punjab, Through Housing,
Physical and Environmental Pln., P L D (2007) Lahore 403
9. The Republic of Nicaragua v. The United States of America, 70 ICJ Report (1986).
10. The Republic of Nicaragua v. The United States of America, ICJ Reports (1986).

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STATUTES
1. Constitution of the World Health Organization
2. Indian Penal Code.
3. Objectives Resolution, 1949.
4. Pakistan Penal Code, 1860.
5. The Constitution of Pakistan.
6. United States Code
TREATIES AND CONVENTIONS
1. African Charter on Human and Peoples' Rights (Banjul Charter), 1960.
2. Constitution of India.
3. Constitution of the United States of America.
4. DCFFE.
5. Declaration on Criteria for Free and Fair Elections, Paris, 26 March 1994.
6. Declaration on the Preparation of Societies for Life in Peace, (A/RES/33/73), 15
December 1978.
7. Declaration on the Right of Peoples to Peace (A/RES/39/11), 12 November 1984.
8. Friendly Relations Declaration, 1970.
9. Geneva Convention relative to the Protection of Civilian Persons in Time of War,
Geneva, 12 August 1949.
10. Hague Conventions, Geneva Academy Of International Humanitarian Law And
Human Rights, Rule Of Law In Armed Conflicts, 1907.
11. International Covenant on Civil and Political Rights, Resolution 2200A (XXI) of 16
December, 1966.
12. Protocol Additional to the Geneva Convention, 1949.

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13. Protocol Additional to the Geneva Conventions of 12 August 1949.

14. Rambouillet Conference on Kosovo, 1999.
15. The Agreement for the Right of Self-Determination and to establish a Democratic set
up in BoLR, Romia, September 6, 2015.
16. The Hague Convention (IV) respecting the Laws and Customs of War on Land, 1907.
17. Universal Declaration of Human Rights, Palais de Chaillot, Paris, 1948.

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LIST OF ABBREVIATIONS

1. & - And
2. - Paragraph
3. A.I.R.- All India Report
4. A.L.R.- Azad Lola & Ramola
5. A.R.S.D.B.- Agreement for the Right of Self-Determination and to establish a
Democratic set up in BoLR
6. Anr.- Another
7. Art.- Article
8. BoLR- Boremon occupied Lola and Ramola
9. C.I.T.- Commissioner of Income Tax
10. C.L.C.- Civil Law Cases
11. Crl. A- Criminal
12. D.P.K.O.- Department of Peacekeeping Operations
13. D.R.C.- Democratic Republic of the Congo.
14. Ed.- Edition
15. G.B.U.M.- Gilly Buket United Movement
16. H.C.- High Court
17. Honble- Honorable
18. I.C.C.P.R.- International Covenant on Civil and Political Rights
19. I.C.E.S.C.R.- International Covenant on Economic, Social and Cultural Rights
20. I.C.J.- International Court Of Justice
21. Ibid- Ibidium
22. J.- Judge
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23. L&R- Lola and Ramola

24. N.- Note
25. N.A.T.O.- North Atlantic Treaty Organization.
26. N.G.O.- Non Government Organization
27. No.- Number
28. O.H.C.H.R.- Office of the High Commissioner for Human Rights
29. Ors.- Others
30. P.L.D.- Pakistan Legal Decisions
31. P.O.P.- Persistent Organic Pollution
32. Pg.- Page
33. Pln.- Planning
34. S.C.- Supreme Court
35. S.C.C.- Supreme Court Cases
36. S.C.R.- Supreme Court Reporter
37. S.M.C.- Suo Moto Case
38. Sec.- Section
39. Supp.- Supplementary Volume
40. Supra- Superimposed
41. U.D.H.R.- Universal Declaration of Human Rights
42. U.K.- United Kingdom
43. U.N.- United Nations
44. U.N.D.F.- United Nations Democracy Fund
45. U.N.D.P.- United Nations Development Programme
46. U.N.F.C.C.C.- United Nations Framework Convention on Climates Change
47. U.N.M.O.G.S.B.- United Nations Military Observer Group in Soremon and Boremon

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48. U.P.D.F. - Uganda People's Defence Force.

49. U.S.- United States
50. W.A.P.D.A.- Water And Power Development Authority (Pakistan)
51. W.H.R.O.- World Human Rights Observatory

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STATEMENT OF FACTS

I.

The Republic of Soremon is a multi-ethnic, federal constitutional country that got its
independence from United Kingdom of Kritain after 200 years of colonial rule on 15 th
August, 1947. The Dominion of Boremon, largely consisting of Bismil Population
was created from Boremon on 14th August, 1947. As a part of compensation
agreement, a sum of Rs. 75 crores was set aside for the newly formed Boremon to be
paid by Soremon Government. But only the first installment of Rs. 20 crores had been
paid. When the Borenian army invaded The Lola- Ramola, the then princely state of
The King Tintumon appealed for assistance to the Governor-General of Soremon who
agreed on the condition that the ruler accedes to Soremon. The King Tintumon signed
the Instrument of Accession. While the then Soremons Governor-General accepted
the accession and added the proviso that it would be submitted to a popular
referendum since "only the people, not the King Tintumon, could decide where the
Lola-Ramola wanted to live."

II.

Soremon took the matter to the United Nations. The UN decided to hold plebiscite
and deploy UNMOGSB to supervise, investigate complaints of violations and submit
findings to each party and to the U.N. Secretary-General of the ceasefire. The
Soremon initially supported but later dismissed the holding of this plebiscite. In 1949
the leaders of BoLR (land consists of Azad Lola & Ramola and Gilly Buket also
popularly referred to as the 'Northern Areas') surrendered the Northern Areas to
Boremon under the Timbey Agreement. However, the popular perception by the State
of Soremon today is that the region was illegally annexed.

III.

Because of its location, BoLR is of immense strategic importance. It shares borders

with several countries Boremon, the Bagga Corridor of Sufighanistan and Takistan to
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the west and the Chang province of the Dragonland to the north. If BoLR were under
Sorenian control, the geopolitics of the subcontinent would have been very different
because BoLR is a gateway to Central Prasian republics and to their expanding
markets. Also, access to Sufighanistan via the Bagga Corridor bordering BoLR would
have given the allied forces a viable option for transporting supplies for RATO forces.
Growing Dragonlands investment in the area further underscores the strategic value
of BoLR. Dragonland seeks strategic depth in BoLR to extend its influence in the
region. In addition, BoLR is rich in natural resources. The Dimer- Bhadashah Dam
project was supposed to be built at Dimer in Billy Buket, but the power plant will be
situated in Khyberkhwa by the Boremon.
IV.

The system of Adult Franchise through the Azad Lola and Ramola Act, 1970 and
ALR Interim Constitution Act, 1974 were adopted, which has undergone about 11
amendments so far. A democratic setup was introduced. BoLR was plagued by
earthquake of 2005 and floods in 2014. On September, 7, 2014 Boremon Prime
Minister Mr. Fawad Khan visited the flood affected areas of BoLR and announced a
special package for the BoLR which ranged from 60 crores to 100 crores respectively.
But Mr. Kamaal Khan, the President of Gilly Buket United Movement, (GBUM)
called for a mass gathering and called this an administrative set-up, fraudulent and a
blackmailing offer of the government. As a blatant disrespect to the State of Boremon,
the President, Mr. Jawad Rahim, issued orders for the arrest of Mr. Kamaal Khan.
Large crowd gathered before the residence of Mr. Kamaal Khan to protest the
Presidential orders. In order to deal with the situation and the crowd, the Army had to
indulge in open firing. The Soremonian Prime Minister, Mr. MANO Shah convened a
Press Conference with International Media personnel and made blatant comments
about the Government of Boremon regarding this arrest. A troop of 600 Soremons

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well trained and deadly members of a special Black Panther Battalion force entered
BoLR and established a temporary camp at the Hills. Mr. Fawad Khan issued a
Statement the next day confirming the high standards of human rights in the State of
Boremon. Further, he disparaged the interference from any other State or international
organization in internal matter.
V.

By virtue of the UN Secretariats mediation, both the countries concluded The

ARSDB in September, 2015 to which Boremon agreed that it shall release Mr.
Kamaal Khan and provided opportunity to the people of BoLR to establish and in
turn, the State of Soremon shall not indulge in any deployment of its forces in BoLR
or Boremonian region. But out of 600 members of troop who were camping at BoLR
hills and waiting for the Soremon Governments orders to attack, 400 members were
ordered to return. In the month of October, 2015 a fresh elections were held in BoLR
by the Boremon government.

VI.

Just before the elections, Mr.Kamaal Khan was disappeared from the country. This
troubled Mr. MANO Shah, who took this as a blatant violation of ARSBD and
ordered the Soremian military to be deployed with immediate effect in the region of
BoLR. The Secretariat of the UN once again intervened and negotiations were held
between the Soremon, Boremon and some representatives of BoLR region who
represented the party of Late Mr. Kamaal Khan which did not result into any
agreement. Soremon decided to bring the matter to the International Court of Justice
and filed an Application on December, 15th 2015.

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ARGUMENTS RAISED

1. Whether the State of Soremon has interfered in the matters of the State of Boremon
1.1. The State of Soremon has no stake in the affairs Boremon and has illegally deployed
its Army in the BoLR region by violating international law.
1.2. The State of Soremon has violated the customary rules of international law which
protects the States from the Non-Interference of any other State.
2. The actions of the State of Boremon are fully in conformity with the basic principles of
international law and were necessary to maintain the unity and integrity in the nation.
2.1. The arrest of Late Mr. Kamaal Khan was justified and in fact necessary to defend
integrity of Boremon.
2.2. Government of Boremon aims at bringing peace and security to the land and to build
lives of dignity and respect.
2.3. The State of Boremon has conducted the free and fair elections in the BoLR region as
agreed in the treaty of Romia.
3. The State of Soremon has acted in violation and has breached the spirit of
international law by deploying is Army.
3.1. The State of Soremon has illegally deployed its Army in the BoLR region by
violating international law which is causing loss of lives and property of the people
of BoLR.
3.2. The State of Soremon has illegally annexed the area of BoLR is under obligation to
make full reparation for the injury caused by that act.
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3.3. The State of Soremon broke the agreement of compensation towards the State of
Boremon and therefore owes a sum of Rs 55 crores.
4. Whether the State of Soremon is constantly depriving the people of BoLR region their
basic human rights?
4.1. The State of Soremon has deprived the people of BoLR, especially in the ALR
region, their right to live quality life with peace.

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SUMMARY OF ARGUMENTS

1. Whether the State of Soremon has interfered in the matters of the State of Boremon ?
It is most humbly put forth that the State of Soremon has failed to realize through
concrete efforts, the States right to sovereignty, territorial integrity and political
independence, particularly to the people living in the BoLR region. The principle of nonintervention in the internal affairs of States also signifies that the State of Soremon should
not interfere in the matters of the State of Boremon.
2. The actions of the State of Boremon are fully in conformity with the basic principles of
international law and were necessary to maintain the unity and integrity in the nation.
It is most humbly submitted by the Redpondent that that Mr. Kamaal Khan attempted to
bring into hatred and contempt towards the Government of Boremon established and thus
acted against the laws of Sedition and also the elections of 2015 were fair and genuine.
Therefore, the State of Boremon denies all such blatant allegations by the State of
Soremon
3. Whether the State of Soremon has acted in violation and has breached the spirit of
international law by deploying is Army?
In the present case it is the humble submission of the Respondent that State of Soremon
has illegally deployed its Army in the BoLR region by violating international law which
is causing loss of lives and property of the people of BoLR and therefore is under
obligation to make full reparation for the injury caused by that act.

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4. Whether the State of Soremon is constantly depriving the people of BoLR region their
basic human rights?
In the present case the Respondents have most humbly submitted that the State of
Soremon has violated several human rights of the people of Azad Lola & Ramola (ALR)
and Gilly Buket. Adopted by the General Assembly on December 10, 1948, the
Universal Declaration of Human Rights is one of the first major achievements of the
United Nations. Human rights are much more than well-meaning aspirations set to legal
language. They are an essential part of United Nations Charter, Universal Declaration of
Human Rights and various Customary International Law as well as International
Humanitarian Law.

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