Introduction to International & European Law 2020-2021

Mid-term Assignment

The deadline for submission of this assignment is 19:00 (CET) on 12 May 2021. This
assignment counts for 25% of your final grade for the course and the results will be
published together with your grade on the final exam. There is no minimum word limit,
but your assignment may not exceed 2.000 words, including footnotes. We will not
consider and assess parts of your text that exceed the 2.000 words limit.

Please take note of the following formal requirements:

- Copy and paste the ‘Declaration of Honour’ (available under Modules) in the first page
of the file you are submitting and fill in your name. This first page does not count
towards the word limit.
- In the second page, add again your name and student ID number, a title for the
assignment (e.g. Advice for the Government of Artemis), and then start your
assignment.
- Use footnotes, not endnotes. No specific style is required, but we recommend using
the European Law School stylebook or OSCOLA. If you use the ELS stylebook, please
use full references in footnotes rather than in the bibliography, which is not required.
- Upload your assignment preferably in .doc or .pdf on Canvas. Email submissions will
not be accepted unless explicitly authorised by the course coordinator.

The case facts set out below are fictional, but you should assume they take place in the
real world.

Case Facts:
Troville is a rich State ruled by a militant dictator called Captain Smith since 1997, leader
of the infamous Marauding Men’s Party (MMP). There has been a recent clamp-down on
the media in the country, with many journalists fleeing and living in exile in neighbouring
countries. Captain Smith is particularly opposed to any publication which casts him and
his party in a negative light.
In February 2018 the Marauding Men’s Party (MMP) held their Annual Men’s Conference
around the theme of “the harmful #metoo movement and the unquestioned narrative of
female victimhood”. The conference is open to everyone and not limited to party
members. During the conference a group of like-minded individuals organised
themselves, establishing the Men’s Justice League (MJL), formally a private, non-profit
organisation set up under Troville law. The MJL is led by MachoMan, a long-time MMP
member who has had various party functions throughout the years but currently is not
active within the MMP.
Sunny Dee, a journalist and outspoken critic of Captain Smith and the MMP, has written
many highly critical pieces about the MMP and the crimes against women committed in
their names. Her articles have been published in Troville and abroad. Over the years, she
received increasing hate mail and death threats. As a result Sunny Dee left Troville in
2010 and emigrated to Artemis, one of Troville’s neighbouring States.
In September 2018, Sunny Dee secretly returned to Troville to visit her terminally ill
father. Shortly after her arrival in Arrendale, Troville’s capital, rumours start circulating
on Twitter that she’s back in the country. Subsequently, the MJL learns (through their
extensive network of contacts) that Sunny Dee has sought refuge in the Artemian
Embassy in central Arrendale. A few of their members decide to go to Artemian Embassy
to “teach that man-hater a lesson!” Once there, the group starts setting off fireworks and
throwing stones at the Embassy, managing to break several windows. This continues for
most of the night even though the Artemian Embassy repeatedly calls the Arrendale
police for assistance, who “will be there shortly”. Eventually the Artemian Embassy’s
security personnel take matters in their own hands and use their firearms to shoot
several warning shots dispersing the crowd.
The next day, MachoMan tweets:
“The MJL does it again! True soldiers of Troville, hustling every day to make sure
women understand where they belong – at home! #backtothekitchen”
Within a few hours, MachoMan’s tweet was retweeted hundreds of times, including by
Captain Smith.
Tensions between the two States are already high and the President of Artemis is
outraged by the events at the Embassy and Captain Smith’s retweet. In response he
releases a press statement “condemning the events at the Embassy as a blatant violation
of international law” and promising “to investigate all options under international law to
obtain justice and restore the Embassy to its original condition, if necessary, through legal
means”.
Both Troville and Artemis are members of the United Nations (UN) and are party to the
1961 Vienna Convention on Diplomatic Relations and its Optional Protocol; the 1966
International Covenant on Civil and Political Rights, the 1966 International Covenant on
Economic, Social and Cultural Rights, and the 1984 Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment.
Instructions
Assume you are a senior legal advisor working for the Ministry of Foreign Affairs of
Artemis. You are asked to advise the government on Artemis’ legal position in this case.
In particular, you are to advise on the merits of the legal dispute, possible remedies, and
the appropriate legal forum for achieving this.
In your advice you are expected to identify and address all the relevant legal issues
pertaining to the matter at hand. It should be written from the perspective of the state
you are representing: i.e. Artemis. Do not make up any extra facts!
You will be assessed on the quality of your legal analysis and argumentation, including
structure, coherence and the use of sources in footnotes. Your advice should be well-
researched and structured – that means a clear introduction, middle part and conclusion.
You may use headings if necessary, but they are not required. You must also refer to
relevant sources in footnotes, but you do not need to include a bibliography.
Best of luck!