Telders Case 2010

The Case for the Telders Competition 2011 will be announced in October 2010!

 The Case of Pirates in the Treasured Sea (Telders Case 2010)

Kingdom of Warangia ./. Estados Federales de Margarida

1.    The Treasured Sea (see map attached) is a part of the Ocean bordering on the coastlines of the Estados Federales de Margarida and of the Republic of Banana. It contains several islands, amongst them the island State of Tortuga.

2.    The relations between the Estados Federales de Margarida, which is the dominating regional power, and the Republic of Banana have been difficult since the latter's present Government under its President, Colonel Tapioca, came to power in the wake of a «progressive revolution», in 1986. These States do not entertain diplomatic rela­tions, and the Estados Federales of Margarida have consistently refused to recognize the Govern­ment of the Republic of Banana. Moreover, the Estados Federales de Margarida have enacted a law that makes it punishable for any person who is a national of, resides in, or has a permanent business establishment in the Estados Federales de Margarida from engaging in commerce of any kind with the Republic of Banana (the so-called Nacho/Frijoles Act of 1991).

3.    The Republic of Banana is also suspected of carrying on a clandestine nuclear program. In Resolution 2008 of 24 March 2007, the United Nations Security Council,

«Acting under Article 41 of Chapter VII of the Charter of the United Nations,

[...]

Calls upon all states to exercise vigilance and restraint in the supply, sale or transfer directly or indirectly from their territories or by their nationals or using their flag vessels or aircraft of any battle tanks, armoured combat vehicles, large calibre artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems as defined for the purpose of the United Nations Register on conventional arms to the Republic of Banana, and in the provision to the Republic of Banana of any technical assistance or training, financial assistance, investment, brokering or other services, and the transfer of financial resources or services, relating to the supply, sale, transfer, manufacture or use of such items in order to prevent a destabilising accumulation of arms;»

4.    The Treasured Sea is infested by Pirates operating from Tortuga. Weakened after a decade of internal strife, the Government of Tortuga has no more than notional power over most of the country, which is ruled by different pirate leaders. The pirates have recently extended their operating range through the use of captured vessels as «motherships» from which their speedboats can set out to attack their prey.

5.    To deal with the situation, and upon request made by the Government of Tortuga, the United Nations Security Council has on 16^th December 2008 adopted Resolution 2224:

«The Security Council

[...]

Acting under Chapter VII of the Charter of the United Nations,

[...]

Calls upon States and regional organizations that have the capacity to do so, to take part actively in the fight against piracy and armed robbery at sea off the coast of Tortuga, in particular, consistent with this resolution and international law, by deploying naval vessels and military aircraft, and through seizure and disposition of boats, vessels, arms and other related equipment used in the commission of piracy and armed robbery off the coast of Tortuga, or for which is reasonable ground for suspecting such use;»

6.    M.S. Argonaut is a merchant vessel registered in the Kingdom of Warangia. It is owned and operated by Golden Fleece Co., a Warangian shipping company. Golden Fleece Co. has a permanent handling and agency office in Caramba, the Capital and a major port city of the Estados Federales de Margarida. M.S. Argonaut's crew consists mainly of Warangians, including its master, Captain Jason.

7.    Early in September 2009, M.S. Argonaut, who is en route from the Kingdom of Wa­rangia whose flag she flies, sails into the Treasured Sea. It is reported, but not confirmed, that her destination is the Republic of Banana, and that her cargo comprises inertial navigation systems and electronics that may be used to equip long-range missiles.

8.    On 30 August 2009 The Republic of Banana successfully tested a missile that could reach the Capital and most major cities of the Estados Federales de Margarida. Its President, Colonel Tapioca, has used that opportunity to reconfirm, in a public speech, his country's intention to «defend by all means the glorious achieve­ments of our progressive revolution from the imperialistic aggressions of the Margari­dans and the destructive influences of their corrupt ways».

9.    On 3 September 2009, a pirate party boards M.S. Argonaut and takes the crew hostage.

10.  On 4 September 2009, at 11.55, pirates unsuccessfully attack another merchant vessel, about 32 NM from M.S. Argonaut's position. At that time, EFS Trinidad, a Helicopter Frigate of the Estados Federales de Margarida, is patrolling the same section of the Treasured Sea. At 14.20, its Helicopter spots M.S. Argonaut and reports that the vessel hoisted two speedboats and their crews aboard. EFS Trinidad is ordered by the Margaridan Navy Command to set course on M.S. Argonaut.

11.  M.S. Argonaut sails in direction of the shore of the Republic of Banana, pursued by EFS Trinidad. At 17.20, the Navy Command of the Estados Federales de Margarida relates an executive order to EFS Trinidad: «Take all appropriate action, at commander's discretion, in order to prevent M.S. Argonaut from entering the territorial waters of the Republic of Banana and to rescue hostages».

12.  At 18.30, at a press conference, the Spokesman for the Republic of Banana's Ministry of Foreign Affairs warns the Estados Federales de Margarida not to violate the Republic of Banana's territorial integrity. He announces that promising negotiations between his Government, the pirates aboard M.S. Argonaut and M.S. Argonaut's owners are being conducted on the liberation of Vessel and Crew.

13.  At 20.22, M.S. Argonaut is positioned ½ NM from the Republic of Banana's territorial waters, still heading there. It does not fly a flag. EFS Trinidad has caught up to 4 NM, at extreme efficient range of her cannon. EFS Trinidad, unable to establish radio contact with M.S. Argonaut, gives her light signals to stop, which are however ignored.

14.  At 20.24, EFS Trinidad fires a gunshot across M.S. Argonaut's bow, but M.S. Argonaut continues its course. At. 20.25, EFS Trinidad fires a second shot that hits M.S. Argonaut aft, pierces her hull, destroys her power transmission and starts a fire. At that moment, M.S. Argonaut was still 200 yards outside the Republic of Banana's territorial waters. She does however float into its territorial waters, where she continues to burn. During and after those events, no communication is sent by M.S. Argonaut.

15.  At 20.35, about one mile within the territorial waters of the Republic of Banana, a team of Marines transported by EFS Trinidad's Helicopter boards M.S. Argonaut. They capture 7 Pirates and rescue the crew. Captain Jason is found on the vessel's bridge, together with three armed pirates. The marines also enter the captain's office. Before leaving, they set time charges at several points of the hull. At 21.00, the charges detonate and M.S. Argonaut sinks fast.

16.  The following items were found on the vessel and secured by the marines :

(i)    copies of the bills of lading, describing the cargo as pharmaceutical products and medical apparatus, destined for the Republic of Banana;

(ii)   a patent letter identifying Capt. Jason as Lieutenant Commander of the Warangian naval reserve;

(iii)  the copy of a letter of accreditation, introducing Capt. Jason as assistant to the naval attaché of the Warangian Embassy in the Republic of Banana, on stationery of the Foreign Office of Warangia and signed by its undersecretary for overseas;

(vi) one box taken from the vessel's cargo. No information has been released by the Estados Federales de Margarida concerning the exact character of the contents.

17.  On 5 September 2009, EFS Trinidad puts into port at Limbo Harbour, a naval base operated by the Estados Federales de Margarida under a 99-years-lease granted by the Republic of Banana that excludes the exercise of any jurisdictional rights in the Limbo Harbour Area by the Republic of Banana, whose sovereignty over the area is however explicitly confirmed by the lease.

18.  At Limbo Harbour, pirates captured by the Estados Federales de Margarida are detained as «unlawful enemy combatants». Under the rules established by the executive branch of the Government of the Estados Federales de Margarida, detainees in Limbo Harbour have no right to seize a judge in order to have their detention reviewed.

19.  The crew of M.S. Argonaut, with the exception of Captain Jason, is then taken by aircraft to the Estados Federales de Mar­garida, whence they are repatriated. Captain Jason however is detained in Limbo. According to a communiqué by the Margaridan Ministry of Defence dated 8 September 2009, he is detained in order that the authorities could determine whether he should be detai­ned at Limbo Horbour as an «unlawful enemy combatant» or be tried in the Estados Federales de Margarida for violations of the Nachos/Frijoles Act. and the U.N. embargo.

20.  On 8 September 2009, the Kingdom of Warangia's consul in Caramba requests a meeting with Captain Jason. The request is denied on the grounds that Captain Jason is not present on the territory of the Estados Federales de Margarida. Another request by Golden Fleece Co. that the cargo box be delivered to them is also denied. The consul is informed by the Margaridan Foreign Ministry that all those items have been seized by the judicial authorities for the purposes of a criminal investigation, and that according to established constitutional precedent the executive branch must not interfere with the judiciary.

21.  On 11 September 2009, the Kingdom of Warangia files an application in the International Court of Justice. It requests the Court to adjudge and declare that

1.    the Estados Federales de Margarida have violated, and continue to violate, international law by

a)    the attack on, the seizure of and the sinking of M.S. Argonaut;

b)    the arrest and detention of Captain Jason;

c)    the refusal of the requested meeting between the Kingdom of Warangia's consul and Captain Jason;

d)    the seizure and the refusal to deliver the cargo box and its contents.

2.    the Estados Federales de Margarida are consequently ordered to

a)    immediately release Captain Jason from detention;

b)    deliver the cargo box and its contents to the Kingdom of Warangia;

c)    pay compensation to the Kingdom of Warangia for the loss of M.S. Argonaut and its cargo.

22.  The Estados Federales de Margarida request the Court, in response and counterclaim, to adjudge and declare that

1.    the Estados Federales de Margarida have not violated international law as alleged by the Kingdom of Warangia;

2.    the Kingdom of Warangia's claim shall consequently be dismissed;

3.    the Kingdom of Warangia has committed an internationally wrongful act by attempting to provide technical assistance in military matters to the Republic of Banana, in violation of the United Nations Security Council Resolution 2008 of 24 March 2007.

23.  All states mentioned are members of the United Nations.

24.  Both the Kingdom of Warangia and the Estados Federales de Margarida have accepted the compulsory jurisdiction of the ICJ under Art. 36 para 2 ss. of the ICJ Statute, with no relevant reservations.

25.  The Kingdom of Warangia, the Estados Federales de Margarida, Tortuga and the Republic of Banana are parties to the United Nations Convention on the Law of the Sea of 1982 (UNCLOS).

26.  Both the Kingdom of Warangia and the Estados Federales de Margarida are parties to the Vienna Convention on Diplomatic Relations of 1961, the Vienna Convention on Consular Relations of 1963, the Vienna Convention on the Law of Treaties of 1969 and to all four Geneva Conventions.

Downloaden:

Teldersmap.pdf

Map Telders Case 2010

Clarifications.pdf

Telders case clarifications 2010