Anglo vs Rivera: Sterren Forty Dispute

• The Republic of Anglo (Applicant) and the Kingdom of Rivera (Respondent) jointly notified the International Court of Justice on December 25, 2024, regarding differences concerning the Sterren Forty.
• On December 25, 2024, the Republic of Anglo and the Kingdom of Rivera submitted an original Special Agreement concerning the Sterren Forty to the International Court of Justice.
• The Republic of Anglo is designated as the "Applicant," while the Kingdom of Rivera is the "Respondent"
• The parties submit the questions in the Special Agreement, along with any corrections or clarifications, to the Court, as per Article 40(1) of the Statute of the Court.
• The Republic of Anglo appears as Applicant and the Kingdom of Rivera as Respondent.
• The rules and principles of international law in Article 38, paragraph 1, of the Statute of the Court are applicable to the dispute.
• All procedural questions will follow the Official Rules of the 6th NUM Moot Court Competition.
• The parties request one round of written memorials from each party, based on the Official Schedule of the 6th NUM Moot Court Competition.
• The parties agree to accept any judgement as final and binding, executing it in good faith.
• Following any judgement, the parties will negotiate the modalities for its execution.
• The Special Agreement was signed in triplicate in English on December 25, 2024, in The Hague, The Netherlands.
• Magan Johnson, Minister of Foreign Relations of the Republic of Anglo, and Emily Christ, Minister of Foreign Affairs of the Kingdom of Rivera, signed the agreement.

The Case Concerning The Sterren Forty - Background

• The Mahali Archipelago, located south of the equator in the Emerald Ocean, consists of tropical and subtropical islands, coral reefs, and atolls.
• European countries colonized the islands of the Mahali Archipelago in the 17th century, establishing boundaries along ethnic lines.
• Following World War II, the colonies gained independence while maintaining the colonial borders.
• The Republic of Anglo was established in 1951 within the Mahali Archipelago, consisting of one large and 16 smaller islands.
• Anglo was primarily a homeland for nomadic peoples and welcomed ethnic and religious minorities.
• As of 2020, Anglo had a population of one million people.
• Marry Clair, the first President of Anglo (elected in 1951), advocated for stateless persons.
• Clair supported the 1954 Convention Relating to the Status of Stateless Persons and the 1959 Convention on the Reduction of Statelessness.
• In 1960, she founded the Angola Department of Nationality Rights.
• After 1966, Clair lectured on statelessness and lobbied for the ratification of both Conventions.
• Anglo actively promotes the rights of stateless persons.
• The representatives regularly propose resolutions, and officials participate in NGO missions.
• The Kingdom of Rivera is a constitutional monarchy located 11,000 kilometers from the Mahali Archipelago.
• Rivera is land-locked on the Isidre Plateau, a high-altitude steppe in the Serat Mountains.
• Queen Khasat, the current head of state, traces her lineage to the first king of Rivera (born in 561 CE).
• Rivera's monarchy has been deeply venerated by its two million citizens.
• Under Rivera's 1923 Constitution, the monarch appoints the Prime Minister and commander-in-chief.
• Legislation requires royal assent to come into force.
• Rivera’s Constitution dictates that the monarch is entitled to reverence.
• Insulting the monarch is a crime, with penalties outlined in the 1955 Disrespect to the Crown Act (DCA).
• The DCA punishes defaming, insulting, or threatening the monarch with up to five years imprisonment.
• Under the DCA, a court may revoke a person's Riveran citizenship if they are disloyal to the Crown.
• Loss of citizenship under the DCA is immediately effective.
• Convicted persons are non-citizens during their sentence and are expelled 60 days after completion.
• The DCA had been invoked rarely, with no prior cases resulting in citizenship annulment.
• Since prehistory, the Isidre Plateau has been a site for copper and emerald mining activity.
• In 1989, substantial cobalt deposits were discovered in Rivera's northern provinces.
• Initial extraction was limited due to environmental concerns.
• Queen Karma promised in 2006 that Rivera would become a leading nation through foreign investment in critical industries.
• Thyda Scout was born in Molvania in 1970.
• Scout's grandmother, Perry Scout, founded Shaw Corporation (“ShawCorp”).
• ShawCorp is a multinational minerals and mining conglomerate, registered and headquartered in Molvania, with publicly traded stock.
• The Shaw family owns at least 50% of ShawCorp's shares since its founding.
• Thyda Scout met Princess Karma in 1988.
• Scout visited Sterren Palace in Kamil (Rivera's capital) twice as an undergraduate and became the head of Lithos Limited, a wholly owned subsidiary of ShawCorp, which is also headquartered in Molvania.
• Lithos expanded, leasing and operating cobalt and other mines; it has regional headquarters in 4 countries.
• In November 2014, Scout proposed a joint venture between Lithos and the Riveran Ministry of Mines to Queen Karma.
• The venture would increase cobalt mining and refining in Rivera more than sixfold in the next ten years.
• Rivera would own 51% and Lithos 49%, with Lithos initially investing three million Euros.
• Queen Karma directed Prime Minister Van Susan to negotiate with Thyda Scout; an agreement creating the Lithos-Rivera Cooperative (LRC) was signed on November 10, 2015 and Lithos transferred five million Euros to LRC's bank account.
• In July 2017, LRC applied for cobalt mining permits at three sites in northern Rivera.
• In August 2018, following due diligence, the Ministry gave its permissions.
• LRC opened and operated three mining sites, employing 4,000 Riverans.
• The mines produced export taxes.
• The facilities generated dust and emitted metallic minerals into nearby rivers.
• In August 2020, concerns arose over the ‘cobalt curse’ following a correspondent post on a travel website.
• In September 2020, students at Rivera National University began impromptu lectures; students raised awareness about "environmental hazards of the LRC cobalt" and the Isidre League of Student Activists (ILSA) anonymously issued a manifesto calling for an end to cobalt mining operations in Rivera.
• In October 2020, LRC sought licenses to open five new Rivera mines, declaring its operations had been a financial success.
• The Ministry of Mines approved four of the five permits, stating that suggestions of health threats were unsubstantiated.
• ILSA organized a nationwide one-day strike with over 30,000 students, some faculty offered educational lectures and panel discussions.
• In Camil, Rivera National University students held a placard, stating that “The Queen's friend is threatening our future.”
• Police were called, who stated “Take down that sign! It is disrespectful to Her Majesty!”, the police allowed references to “Thyda Scout” if not in conjunction with “the Queen's friend”.
• ILSA leadership met on February 6 and issued a communique.
• They stated there was "no doubt that the unacceptable decision of the Ministry of Mines is the result of the personal relationship between Her Majesty and Thyda Scout".

Protests against the Sterren Forty

• Protests in Rivera resumed two days later with identical signs stating "Her Majesty is sacrificing our health on the altar of friendship!".
• Police arrested seven students suspected of coordinating the demonstrations.
• Following an “EMERGENCY MESSAGE” on ILSA’s WhatsApp channels, several demonstrators abandoned their campus protests to join the mining facilities.
• The Minister of Mines ordered the release of the seven arrestees and offered to meet with them.
• The demonstrations continued for three weeks, disrupting the mining operations by effectively crippling them.
• Prime Minister Susan ordered police to restore calm.
• After requests to students to disperse peacefully from the mine sites were ignored, the police deployed tear gas.
• On February 27, more than 1,000 student demonstrators were detained across Rivera.
• Forty protestors were arrested at the gates of Sterren Palace, where they had formed a human chain and were dubbed "the Sterren Forty” by the press.
• Rivera's Attorney-General announced that all involved in the ILSA protests would be charged under the DCA.
• Charges were dropped for those who would sign a written apology to Her Majesty.
• Formal charges were laid against 230 students, including all of the Sterren Forty.
• ILSA issued a response to the Attorney-General’s announcement; “We salute those whose lives will inevitably be disrupted for acting in our common interests.”
• Trials were conducted via Zoom due to Covid-19 protocols.
• Trials finished by the end of March 2022.
• All defendants participated in demonstrations, with signs stating that the Queen was responsible for allowing risky mining operations.
• The court found a guilty verdict for each defendant.
• Most protesters were sentenced to between one and three years of imprisonment.
• The trial court gave five-year sentences to each of the Sterren Forty and revoked their citizenship under the DCA.
• The protestors appealed to the Supreme Court of Rivera, arguing that they had been convicted of political offenses.
• The appeals were rejected.
• The Supreme Court concluded that citizenship stripping would render them stateless.
• The defendants were taken to the national penitentiary and issued non-citizen identity cards.
• On March 31, 2022, De Telegraaf posted a video of the Supreme Court oral arguments to its website.
• Readers reposted the video with the hashtag #FreeTheSterrenForty.
• In April 2022, President Itali of Anglo spoke at a ceremony marking the 40th anniversary of the death of Marry Clair.
• President Itali offered to meet with the Prime Minister of Rivera in order to find an amicable solution.
• Rivera's Foreign Minister issued a diplomatic note to President Itali, protesting his comments and asserting Rivera's right to prosecute violators.
• President Itali directed the Secretary of Nationality Rights to contact Rivera’s Home Office to resolve application of the DCA to the ILSA protesters.
• Rivera declined the suggestion.

Intervention of the UN & ICJ

• In January 2023, as President of the UN Security Council, Anglo submitted a memorandum through the ambassador to the UN.
• Anglo sought action under Articles 34 and 36 of the Charter and asserted that Rivera had rebuffed its attempts to resolve the dispute amicably as required by Article 33. Debate on the matter was scheduled for March 28.
• On April 11, the Council unanimously adopted Resolution 99997 (2022), which established the UN Inspection Mission to Rivera (UNIMR).
• Rivera's Prime Minister Sesan stated that the DCA "has been the law for generations," and the monarchy refused intervention.
• President Itali of Anglo convened a press conference.
• President Itali stated that statelessness is a plague to be wiped out.
• On November 25, the Riveran foreign minister contacted his Angola counterpart by phone.
• They issued a joint announcement: “consistent with the procedures of the Charter, we will commence discussions with the goal of submitting this to the International Court of Justice.”
• On 24 December 2024, the parties successfully negotiated the terms of this Special Agreement.
• Both Anglo and Rivera are parties to several International laws and treaties.
• Anglo was an original party to the Convention Relating to the Status of Stateless Persons (1954) and the Convention on the Reduction of Statelessness (1959).
• Rivera also ratified both Conventions, however retained the right to remove someones nationality, if against DCA.
• Questions regarding international law, requests submitted to the court by the applicant (Anglo):
  • Anglo has standing to bring the dispute concerning Rivera's deprivation of nationality.
  • Rivera’s deprivation of nationality of the Sterren Forty is a violation of international law.
• Questions regarding international law, requests submitted to the court by the respondent (Rivera):
  • Anglo lacks standing to bring the matter of the deprivation of nationality of the Sterren Forty.
  • Rivera didn't violate international law on DCA.
• The Security Council adopted Resolution 99997 (2022), which established the UN Inspection Mission to Rivera.
• The United Nations Inspection Mission to Rivera consisted of up to eight civilian experts and the necessary support staff.
• The UN Inspectorate were to establish the facts and circumstances underlying the revocation of citizenship of certain prisoners.
• The mission was to last for a maximum of three years.
• The UN mission was tasked with conducting an investigation into the conditions of the prisoners, including by way of in-person interviews.
• A mechanism for verifying the information obtained through the interviews was also to be set up.
• The Secretary-General was tasked to supply periodic reports.
• The council decided “to remain seized of this matter”.