Professional Documents
Culture Documents
Court Competition
Geneva, Switzerland
AND
i
TABLE OF CONTENTS
Israel ..........................................................................................................................xxiv
ii
Kenya ........................................................................................................................xxiv
i. Jurisdiction ........................................................................................................... 1
MERITS ................................................................................................................................. 5
CLAIM A: The CA of Focus Farm and Letter Main Temple without compensation
and refusal to CL MdarahVac are inconsistent with VI’s IHR obligations. ............ 5
obligations. ..........................................................................................................................5
1. The Applicant has the title over Focus Farm and Letter Main Temple by
iii
2. Non-Issuance of CL breached this obligation ............................................ 8
CLAIM B: VI’s arms trade and treatment of Varanidean refugees in the Drago-
1. Violation of ATT........................................................................................... 10
Mero ..................................................................................................................... 15
obligations. ................................................................................................................ 16
1. RTP ............................................................................................................... 17
2. The interference with the RTP was Unlawful and Arbitrary .................... 17
iv
i. The disclosure was not provided by law ....................................................18
REPARATIONS ................................................................................................................. 20
PRAYER ............................................................................................................................. 21
v
LIST OF ABBREVIATIONS
¶ Paragraph
¶¶ Page
Art Article
CA Compulsory Acquisition
CC Constitutional Court
CL Compulsory License
EU European Union
GC Geneva Convention
HC High Court
HR Human Rights
vi
ICRC International Committee of the Red Cross
KC Komodoen Continent
RC Refugee Convention
Res Resolution
SC Supreme Court
UN United Nations
VI Varanus Islands
SK Squamata Kingdom
FP Focus Pharmaceuticals
vii
TABLE OF AUTHORITIES
ACHPR African Charter on Human and Peoples‟ Rights, adopted 27 June 1981,
ACHR American Convention of Human Rights, Pact of San José, Costa Rica‟,
opened for signature 22 November 1969, 1144 UNTS 123 (entered into
September 2014).
viii
CPIAP Convention for the Protection of Individuals with regard to Automatic
CRC United Nations. “Convention on the Rights of the Child.” Treaty Series,
Fundamental Freedoms.
Their Parts and Components and Ammunition, 31 May 2001, 2326 UNTS
211.
21 October 1950).
Respecting the Laws and Customs of War on Land and Its Annex:
October 1907.
ICCPR International Covenant on Civil and Political Rights, opened for signature
16 December 1966, 999 UNTS 171 (entered into force 23 March 2976).
ix
ICESCR International Covenant on Economic, Social and Cultural Rights, adopted
A/SA.1/01/10 (2010).
U.N.T.S. 299.
x
Resolutions and UN Documents
ralia)
Doha Doha Declaration on the TRIPS Agreement and Public Health (Doha
99 (2004).
2013.
1 CCPR/C/51/D/458/1991.
xi
Pandemics/HI UN Commission on Human Rights, Commission on Human Rights
E/CN.4/RES/2004/26.
A/HRC/23/40.
A/HRC/7/17.
UNGA- UNGA ‘Basic Principles and Guidelines on the Right to a Remedy and
GCIP85
xii
UNHRC-GC31 United Nations Human Rights Committee (HRC), CCPR General
No 40 (A/43/40).
EB148/10.
xiii
HRC-GC04 HRC General comment No 4 (1991) UN Doc E/1992/23.
HRC-GC16 HRC, General Comment 16, Art. 16 (Thirty Second Session, 1998),
OHCHR-GC Office of the High Commissioner for Human Rights, CESCR General
PoAP United Nations Conference on the Illicit Trade in Small Arms and Light
and Eradicate the Illicit Trade in Small Arms and Light Weapons in all
Action].
CAT/C/60/R.2.
Level Panel on Access to Medicines calls for new deal to close the
health innovation and access gap, U.N. Doc. A/71/255 (Sept. 14,
xiv
2016).
comment No. 34, Article 19: Freedoms of opinion and expression (12
September 2011).
A/HRC/37/75.
xv
SPEU- Report on the State Practice within the EU, ASIM 267, 13667/97 (JAN.
13667/97 6 1998).
protection-if-there-is-a-mass-influx-of-displaced-people.html.
HRC- HRC ‘Promotion and Protection of all Human Rights, Civil, Political,
Supplement No. 53, at 33 ‘The right to privacy in the digital age’, U.N.
A/72/53 (2017).
UNCHR UNCHR ‘Civil and Political Rights, Including The Questions of Torture
UNHRC-RTP HRC, ‘Report of the Special Rapporteur on the right to privacy’, (27
xvi
International Cases and Communications
CCPR/C/119/D/2172/2012.
Doc.CCPR/C/82/D/903/1999 (2004).
CCPR/C/50/D/488/1992.
Case
Case
Monasteries Case of the Holy Monasteries vs. Greece, Application No. 13092/87;
November 1996).
vs SWEDEN, Application No. 7151 /75 and 7152/75, 8th October, 1980.
xvii
Delfi Delfi AS v Estonia App no 64569/09 (ECtHR, 16 June 2015).
Silver Silver and Others v the United Kingdom App nos. 5947/72, 6205/73,
K.R.S K.R.S v The United Kingdom App no. 32733/08 (ECtHR, 02 December
2008).
BBWatch Big Brother Watch and Others v the United Kingdom, App nos. 58170/13,
Verein Verein Gegen Tierfabriken Schweiz (VgT) v Switzerland (No.2) App no.
Catt Catt v The United Kingdom App no. 43514/15 (ECtHR, 24 January 2019).
xviii
Uzun Uzun v Germany App no 3563/05 (ECtHR, 2 September 2010).
Weber Weber and Saravia v Germany App no 54934/00 (ECtHR, 29 June 2006).
Peck Peck v United Kingdom App no. 44647/98 (ECtHR, 28 January 2003).
Klass Klass and others v Germany App no. 5029/71 (ECtHR, 6 September
1978).
James James & Others v. the United Kingdom, Application No. 8793/79, 21
February 1986.
King Case of the Former King of Greece & Others v. Greece, Application no.
Pye J.A. Pye (Oxford) Ltd and J.A. Pye (Oxford) Land Ltd v. The United
Kline Smith Kline & French Laboratories Ltd v. The Netherlands, Application
xix
1977.
Marper S. and Marper v The United Kingdom, App. no. 30562/04 & 30566/04
Malone Malone v the United Kingdom App no. 8691/79 (ECtHR, 2 August 1984).
Zakharov Roman Zakharov v Russia [GC] App no. 47143/06 (ECtHR, 4 December
2015).
Mozer Mozer v The Republic of Moldova and Russia [GC] App no. 11138/10
Smirnova Smirnova v Russia App nos. 46133/99 and 48183/99 (ECtHR, 24 October
2003).
Liberty Liberty and Others v The United Kingdom App no. 58243/00 (ECtHR, 1
July 2008).
Sunday The Sunday Times v The United Kingdom (No.1) App no. 6538/74
Slovenia Kurić and others v. Slovenia, Application no. 26828/06, 26 June 2012.
xx
UN Committee Against Torture
Mary Mary and Carrie Dann v. United States,Case 11.140, Report No.
xxi
75/02, Inter-Am. C.H.R., December 27, 2002.
Amnesty Amnesty International and Others v. Sudan, App. Nos. 48/90, 50/91,
Ahmed Ahmed Ismael and 528 Others v the Arab, Communication 467/14,
COHRE Sudan Human Rights Organisation & Centre on Housing Rights and
2009.
Kenya-CMR Centre for Minority Rights Development (Kenya) and Minority Rights
2009.
Lohe Lohe Issa Konate v Burkina Faso App no. 004/2013 (ACtHR, 5
December 2014).
xxii
Union interafricaine des droits de l’Homme and RADDHO, Collectif
013/2011.
Domestic cases
Butler Butler v. Anderson, 71 Wash. 2d 60, 64, 426 P.2d 467, 470 (1967).
Fidelity-Case U.S Fidelity etc. Co. vs United States 246 Fed. 433 (1917).
Inman-Case People vs. Inman, 197 N.Y 200, 206, 90 N.E. 438 (1910).
Manillo Manillo vs. Gorski, Supreme Court of New Jersey, 1969, 54 N.J. 378,
xxiii
255 A.2d 258.
Penn Penn Central Transportation Co. v. New York City, 438 U.S 104
(1978).
Waltemeyer Waltemeyer vs. Wisconsin Ry. Co, Iowa & Nebraska Railway Co.,71
Israel
Ascan HCJ 393/82, Jami’at Ascan et al, v IDF Commander in Judea and
Samaria et al, 37(4) PD, (1983) [10] (original text in Hebrew, translated
by Hamoked).
MSD Merck Sharp and Dohme Limited v Shionogi and Co Limited German
Kenya
United Kingdom
SEARLE & CO. 1978] 1 Lloyd's Rep. 225, High Court of Chancery
xxiv
Division.
(1994).
Beirer F.K. Beier & G. Schricker, From GATT to TRIPS: The Agreement on
Publishers (1987).
Christof Christ of Heyns, The African Regional Human Rights System: The
Clapham Clapham, Casey-Maslen, Giacca, & Parker. (2016, June 16). The
https://doi.org/10.1093/law/9780198723523.001.0001.
York: 2007).
xxv
Foster Michelle Foster, ‘Protection Elsewhere: The Legal Implications of
MICH. J. INT'L L.
Gervais Daniel Gervais, ‘The TRIPS Agreement: Drafting History and Analysis
Harpum C Harpum et al, Megary & Wade The Law of Real Property (6 edn;
HLR-1918 Harvard Law Review, Dec., 1918, Vol.32, No.2 (Dec., 1918), pp. 135-
159.
xxvi
Law (OUP 2007).
Jones Jones, O., & Dunn, C. (2011), The Supreme Court of Zimbabwe:
Lauterpacht Elihu Lauterpacht, Daniel Bethlehem, ‘The scope and content of the
UNHCR 2003).
Noor Noor Asyikeen Mohd Salleh & Sik Cheng Peng, Striking a Balance
xxvii
Nowak Manfred Nowak, U.N. Covenant on Civil and Political Rights, CCPR
J. REF. L.
L. (2004).
Property-Book Jesse Dukeminier & James E. Krier, Propert (4th Edition. 1998)
Wolster Kluwer.
Press.
Simone Van Der Hof, Simone, Bert-Jaap Koops, & Ronald Leenes,
Steeves and Carole Luckock (eds.) Lessons from the Identity Trail
(2009).
xxviii
Contemporary International Law’ (2009) 30 BERKELEY INT’L L. J.
Wilhelhm Jean Pictet, with the participation of Frédéric Siordet, Claude Pilloud,
ICRC.
Domestic Laws
Limitation
xxix
Miscellaneous
2020.
e http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-
andOperations/Cost%20of%20Adaptation%20in%20Africa.pdf.
DDS Dealing in double standards - the arms trade treaty. ATT Monitor.
https://www.thearmstradetreaty.org/hyper-
images/file/ATT_Monitor_Case_Study_2-
Saudi_Arabia/ATT_Monitor_Case_Study_2-Saudi_Arabia.pdf.
xxx
Declaration- Declaration of Principles on Freedom of Expression in Africa, African
at https://www.who.int/dg/speeches/detail/who-director-general-s-
opening-remarks-at-the-media-briefing-on-covid-19---11-march-
2020.
Principle 2.
Government.
xxxi
Sang-Hun Choe Sang-Hun, South Korean Court Rejects Online Name
xxxii
SUMMARY OF FACTS
1. VI is a country on the east Komodoen Continent (KC) and consists of three islands
Vara, Juquor and NeZuquor. Before 1846 they were separate kingdoms. However,
Oga Gwevereshe (OG Warrior), the king of the Vara Kingdom, was able to unite the
three islands into one kingdom forcefully. The Drago-Zone is a disputed area that lies
within VI's shared border with the Varanidae Republic, and this matter is pending
2. VI's Constitution is the supreme law of the land. Provisions relating to the Right to
Property, civil-political and socio-economic rights, and cultural rights are similar to
those mentioned in the ICCPR and the ICESCR. VI has a Magistrate's Court, HC, SC
(highest Court of appeal) and CC. The CC has exclusive jurisdiction for Human Rights
and Constitutional matters. KCh has KHRC, which deals with matters relating to
both.
Colonisation of VI
Father Mashayar Focus, from Squamata Kingdom (SK), was sent by the Queen of
establishing VI as a colony of SK. Mashayar Focus was allocated lands with sacred
Komodo Dragon Caves, now known as Focus Farms. Father Mashayar Focus
demolished local cemeteries and several Komodo Dragon Caves to construct the
xxxiii
Companies of Colonisers
Mashayar Focus founded FocusExtractives, a mining company. After his death, Lot
Focus, his son, inherited Focus Farm. In December 1914, Lot Focus and his two
brothers changed the company's name to FocusDefence LPC. They expanded their
mining minerals. In 1949, Lot Focus lost Focus Farm in a legal dispute with Ado Salt.
However, his son, Letters Focus, successfully raised funds and repurchased the farm
from the Salt family. Letters Focus also established Focus Inc. and FP.
Independence of VI
armed struggle. LIBA (VI Liberation Army) was formed by Kenpo Druid (KD), and
after fighting for several years, warring parties signed a ceasefire agreement, the
LIBA-SK Agreement of 1983. The Agreement led to the first democratic elections in
VI, and KD became the first president. VI gained independence after Varanidae from
SK.
clashed with each other and the Government. The Government of Varanidae has
by supplying arms to the Government of Mero, which in turn arms these terrorist
groups. CABUDURA, an NGO based in VI, advocates for a ban on arms trade due
to its association with human rights violations. Their report, supported by evidence,
claims that VI's arms trade business violates IHL and has dramatically prolonged the
war in Varanidae, resulting in a refugee crisis. The report also asserts that VI was
xxxiv
aware of Mero's disregard for international humanitarian law but continued supplying
allegations.
The war in Varanidae has caused severe environmental and famine crises, forcing
people to flee the country. VI responds to this influx by frequently arresting and
protect its borders. Upon assuming power, President Kōzō immediately halted VI's
Due to the civil war, famine, and climate change in Varanidae, many sought refuge
responsibility for these individuals, claiming they are not refugees and that VI is not
accountable for their well-being. The VI military maintains control in Drago-Zone and
allows limited access to the ICRC for some medical assistance. However, the military
conditions in overcrowded camps are dire, with outbreaks of diseases like cholera
and dysentery. There is no access to VI's hospitals and healthcare facilities, and over
9,000 deaths from COVID-19 are due to a lack of vaccines and medical equipment.
with only around 1,500 children out of 4500 receiving schooling through a partnership
agreement with the private schools located in the borders on VI. In 2022, the VI-Mero
Mero. VI agreed to provide Mero with 50 million Varanusian Dollar and cover
xxxv
feared persecution and victimization, with 80% expressing a preference to go to VI
rather than Mero. In September 2022, CABUDURA obtained a court order from the
VI High Court to suspend further relocations until the legality of such transfers was
Law for CA
guarantees on property rights from the newly elected Government of VI. Section 20
was established, which protected property rights but allowed for government
individuals had the right to challenge acquisitions in the Court. However, a military
coup in June 2018 removed President KD and installed Commander Kōzō, with
In June 2021, Constitutional Amendment 3 was passed, amending Section 20. The
injustices through urgent land reform. It introduced nil compensation for compulsorily
their ancestors and the Komodo Dragon for the return of their lands.
On June 19, 2021, the Government acquired the Focus Farm and Letter Main
Temple, transferring it to a close relative of President Kōzō. The new owner began
dismantling the Letter Main Temple, sparking protests on Twitter by Letters Focus.
xxxvi
COVID-19 in Drago-Zone and CL
people died from COVID-19 in the Drago-Zone by December 2021. In July 2021,
Mdarah Pharma, founded by Dr. Mdarah Madeker, produced the first COVID-19
vaccine called MdarahVac in KC. However, when FP, registered in VI, requested the
waiving of intellectual property rights for mass production of the vaccine for
humanitarian purposes, Dr. Madeker refused. FP took the matter to the VI High Court,
seeking the Government to invoke Article 31 of TRIPS and the TRIPS Act (1996) to
situation in Drago-Zone and the vaccine's life-saving purpose, FP lost the case
against Mdarah Pharma and the VI government. Moreover, VI voted against the
Data Appropriation
rights, VI issued a call for tenders to provide IT infrastructure. Focus Inc. and
MdarahVision submitted their tenders, and MdarahVision won the tender. On 16th
and Letters Focus was alerted of massive data appropriation practices that
MdrahVision carried out between January 2020 and March 2022. Agreements
between the Government of VI and MdarahVision were discovered, and the latter
used to provide personal data for health and education projects. Moreover, it also
came to the notice that based on a contract in 2020, MdarahVision was granted
access to the personal data of Varanusians for research into the COVID-19 vaccine.
xxxvii
SUMMARY OF ARGUMENTS
I. CLAIM A
The Applicant has title over Focus Farm and Letter Main Temple because of ‘adverse
no public purpose has been stated. Moreover, no compensation is provided for the land
appropriated, and there is no right to contest the acquisition before a judicial forum, thereby
violating the owners ‘right to court’. The Government of VI is the Occupying Power and has
an obligation to ensure adequate health of the refugees in the occupied territory. There
existed a situation of ‘National Emergency’ in the Drago-Zone as many people were dying
went against the public interest and violated refugees’ right to life and health.
II. CLAIM B
CABUDURA is entitled to make claims with respect to the migrants, and VI violated
international law by failing to process the migrants and accord them a status consistent with
international law. Firstly, VI’s arms trade with Mero is inconsistent with its IHR obligations.VI
failed to prohibit arms trade and carry out an expert risk assessment to prevent diversion.
Secondly, CIL grants a status of subsidiary protection. By not according this status to the
migrants, VI has deprived the migrants of their status rights. VI further violated its non-
refoulment obligation by failing to process the VI migrants in due time and proposing
relocation.
xxxviii
III. CLAIM C
VI’s decision to grant access to personal data violated the RTP of the victims. Firstly, VI’s
decision interfered with the victim's RTP. The interference was unlawful and not necessary
requirements since VI failed to adopt the least restrictive method available. Lastly, VI also
breached its positive obligation by failing to provide a legislative and regulatory framework
xxxix
ARGUMENTS ADVANCED
PRELIMINARY ISSUES
i. Jurisdiction
Applicant submits that VI has accepted the jurisdiction to consider the violations of the
KC or any other relevant IHR treaties ratified by VI.1 Article 29 of the KC provides the
In any event, the compétence de la compétence principle allows this honourable Court
jurisdictional limits.3
For Claim A, Mr. Letters Focus suffered personally from the damage directly caused4
1
Factsheet¶7.
2
Ibid.
3
ACtHRP-Art.3(2).
4
Nikiema¶108-112.
5
Kenya-CMR¶206.
1
For Claim B, applications can be lodged by non-governmental legal entities
due to the war and the famine.8 Where there are ‘grave and massive violations,’ it may
not be possible to identify the victims,9 and this uncertainty is a result of VI’s rights
violation.10
For Claim C, Local remedies were not in existence at the time when the facts
occurred.11
iii. Admissibility
The rules governing the admissibility of KHRC are similar to those provided in the
ACHPR.12 The Applicants are required to exhaust their domestic remedies before filing
exceptions.14
6
ACHPR-Art. 56(1); Haregewoin¶61.
7
Factsheet¶1,28,29,42.
8
Factsheet,¶24.
9
Malawi¶79.
10
Factsheet¶17.
11
Marcel¶49.
12
Factsheet¶7.
13
ACHPR-Art.56(5); ACtHRP-Art.6; ACtHRR-R.34 & 40; Amnesty¶32.
14
Aksoy¶52; Rosendo¶20; ZT¶8.1.
2
Wrt CLAIM A, insufficiency of national remedies is a ground for exception to the
the compensation is nil for the land compulsorily acquired by the Government of VI,17
‘serious’ or ‘massive’ human rights violations are grounds for exception to the
have been mass violations of the Right to Life and Health of the refugees,20 which
Wrt Claim B, following the judgments of the VI HC and the VI CC,22 CABUDURA had
Wrt Claim C, the violation and the number of victims involved ipso facto renders local
were targeted across the territory, and the violation is considered to be massive
15
Airey¶19(a).
16
Airey¶19(a); RFR¶¶44.
17
Factsheet¶32.
18
EHCR-Art1P1; ACHR-Art.21; ACHPR-Art.14.
19
Henry¶¶16; Ireland¶¶159.
20
ICCPR-Art.12; UDHR-Art.25; CERD-Art.5(e)(iv); CRC-Art.24; GVAP-Objective.2.2.
21
ACtHRR-R.39(1)(f); ACtHRP-Art.5(3).
22
23
COHRE¶100; OSJI¶46.
3
right.24 Furthermore, a ‘predetermined’ violation may arise from the implementation of
legislation.25 The magnitude of this violation affects a sizeable section of the population
24
Factsheet¶44; Ahmed¶172; OSJI¶46.
25
Factsheet¶43; OSJI¶48.
26
Ibid.
27
Factsheet¶43-45.
4
MERITS
CLAIM A: The CA of Focus Farm and Letter Main Temple without compensation
obligations.
1. The Applicant has the title over Focus Farm and Letter Main Temple
by adverse possession.
Courts have developed a series of requirements for adverse possession: (a) Exclusive
Possession, (b) Uninterrupted claim by the owner and (c) Continuous for the statutory
period.30
and establishing Focus Farm by Mashayar Focus.31 The indigenous people did not
contest ownership since 1864, indicating uninterrupted claim.32 The possession was
continuous from 1864 to 1985 and remained continuous after Letters Focus
28
HLR-1918¶¶135-137; Waltemeyer¶12; Fidelity-Case¶19.
29
Inman-Case¶205; Monasteries¶58.
30
Property-Book¶¶131; Manillo¶387; Butler¶64.
31
Factsheet¶11.
32
Factsheet¶11
5
repurchased the land until it was arbitrarily acquired by the Government of VI.33 These
To compulsorily acquire land, the public purpose or ‘general interest’ of the community
must be there35 and stated explicitly.36 If not, it can be abused by the government
authorities.37 Moreover, a fair balance has to be struck between private rights and
public needs.38 The legislation does not clearly and objectively specify the purpose of
land acquisition.39 Merely stating “safeguard for future generations”, “to address the
injustices of the past,” and “recognise the hunger for land amongst dispossessed” is
wide and does not specifically and objectively state the public purpose for acquisition
33
Factsheet¶15.
34
UK’s-Limitation[8(1)]; India’s-Limitation[65]; GCC[900B]; NZ[3(1)].
35
ECHR-Art1P1; ACHR-Art.21; ACHPR-Art.14.
36
FAO-Land¶2.14; Penn¶¶438; Sporrong¶123.
37
Allahyar¶¶329; Noor¶¶140.
38
FAO-Land¶2.2; Linguistic¶¶4-¶¶97.
39
Factsheet¶32.
40
Factsheet¶32.
6
individuals' land will be taken depending on the Government's arbitrary interpretation,
ii. No Compensation
for the lands that are compulsorily acquired by the Government, not even adequate or
less than the market value.42 This violates international laws governing CA and
Every individual has the ‘Right to Court’ in cases of violation of his civil rights.44 The
legislation should guarantee judicial procedure to contest CA.45 Owners have no legal
remedy in cases of acquisition if the judicial procedure is denied46 and due process of
law is faulted.47 Section-20(3) states that no one should apply to the Court to challenge
the acquisition.48 This leaves the Applicant with no remedy for his civil rights violations,
41
Harpum¶¶1358; Mary¶¶130; Granier¶336; Fricke¶¶2; Supra, note 35; ArCHR-Art.31; ADRDM-
Art.xxiii.
42
Factsheet¶32.
43
James¶53; King¶76-¶83.
44
ECHR-Art.6; ACHR-Art.8; ICCPR-Art.14(1); ACHPR-Art.17(1).
45
Sovtransavto¶96; Pye¶61; FAO-Land¶5.14; Mexico-Comment¶134.
46
Christof¶¶688-89.
47
Jones¶¶653-688.
48
Factsheet¶32.
49
ECHR-Art.13; Salvador¶58.
7
B. Denial of a CL is inconsistent with VI’s IHR obligations.
As an occupier, the Government of VI has a legal obligation to ensure the health and
obligation[2].
The territory is occupied if it is under the control and authority of a hostile army of
occupying power.50 The armed forces of VI are maintaining law and order in the Drago-
the occupying power. The Occupying Power holds an obligation to ensure the
emergencies,’57 and failure to issue such license impact public access to medicines to
50
Hague-Art.47; UNGA-Palestine¶11.
51
Factsheet¶27.
52
Factsheet¶27.
53
GC-Art.55; GC-Art.56; RES¶6; Hague-Art.43; HR-Palestine¶31; Ascan¶¶785.
54
Wilhelm¶¶152; Clapham.
55
DG-Remarks.
56
TRIPS-Art.31(b); Gervais¶116; Correa¶¶92-93.
57
Doha.Clause5(c); Correa¶¶92-93.
8
combat these diseases.58 COVID-19 is a public health emergency,59 and nations
issued CLs for vaccines to treat it.60 The refugees are dying because of COVID-19,61
Government of VI, despite being obligated, failed to issue CLs for their treatment.62
Moreover, non-issuance goes against the public interest [i] and violates the right to
Protecting human rights requires a balance between private and public rights.63 In CL,
public access to medicine takes precedence over the rights of a patentee.64 Non-
Drago-Zone.
Individuals have the right to healthcare and access to vaccines,66 and states have an
obligation to ensure this access.67 During public health emergencies like pandemics,
58
GSPOA-Clause5.2; UNHLP.
59
EC2019; ICAO-Circular; Proclamation-US.
60
WTO-Circular¶29.
61
Factsheet¶27.
62
Factsheet¶39; Factsheet¶40.
63
OHCHR-GC; Kline; Beirer¶¶260.
64
Resource-Book¶¶541; Ladas¶¶532-37; Jerome¶15.
65
Lance¶¶298-320; MSD.
66
ICCPR-Art.12; UDHR-Art.25; CERD-Art.5(e)(iv); CRC-Art.24; GVAP-Objective.2.2.
67
Protection-Hr¶29; CESCR-GC14¶43-45; TACO¶94.
9
the State must prioritize the right to life over IPR.68 9000 people died in Drago-Zone
and grant access to the vaccines. Non-issuance of CL violates the right to life and
CLAIM B: VI’s arms trade and treatment of Varanidean refugees in the Drago-
It is inconsistent with its IHR obligations[A]; it failed to process migrants and accord
The international trade in conventional arms affects a wide range of HRs protected
1. Violation of ATT.
knowledge of the circumstances being notorious or has reasonable suspicions that the
68
Patricia¶78-¶87; Roussel; Petersmann¶¶611;Veijo; Pandemics/HIV/AIDS¶7.
69
Factsheet¶27.
70
ECOSOC-Statement¶9.
71
ATT-MonitorReport¶¶26-43.
72
Clapham.
73
ICESCR-Art.11,12,13; Factsheet¶8.
10
arms would be used for crimes against humanity.74 VI had knowledge of the illicit flow
of arms by FocusDefence LPC to Mero, who armed terrorist groups that caused the
State parties must carry out a comprehensive risk assessment prior to the
arms diverted to commit serious violations of IHL or IHRL, exporting State Parties must
assess the risk of diversion and consider establishing mitigation measures.77 VI failed
to assess the risk and authorised FocusDefence LPC to trade arms. Moreover, VI did
not adopt any mitigation measures and failed in its obligation to prevent diversion.78
and are essentially provided with the rights set forth in the RC.80
74
ATT-Art.6.3; DDS.
75
Factsheet¶17.
76
Draft-Art.6(B)(1)(a).
77
ATT-Art.11.2; Bello¶123; UG¶¶46; Karrimova; UNGA-Plenary72; UNGA-Plenary71; ATT-Art.7;
Directive; Goodwyn-Gill;
80
RC.
11
1. Deprivation of migrants’ status rights under CIL
The migrants cannot claim the status of refugees, as the necessary element of
persecution is missing.81 However, CIL provides subsidiary protection for those who
do not satisfy this formal criterion of 'refugee'. State practice can be established when
many States engage in the same practice,82 and the practice of ‘specially affected
States’ is the most significant.83 Most African States ratified the OAU Convention,84
which includes 'environmental refugees' in its refugee definition.85 The State grants
protection under RC,86 and other states provide subsidiary protection in their municipal
law.87 VI failed to grant the migrants the status of subsidiary protection and deprived
them of their status rights by detaining them in the Drago-Zone while depriving them
The non-refoulement obligation is rooted in the RC,89 CAT90 and ICCPR.91 States must
grant the migrants access to fair and effective procedures for determining status and
81
RC-Art.1(A)2.
82
Fisheries-Case¶131,138.
83
NorthSea-Case¶74; ADF-ClimateChange.
84
OAUC.
85
OAUC-Art.8(2).
86
Jane-OUP¶¶213; Fitzpatrick¶¶279,283.
87
Goodwyn-Gill¶¶38; Eduardo¶¶185,187; William¶¶146,136.
88
Factsheet¶26.
89
RC-Art.33(1).
90
CAT-Art.3.
91
ICCPR; GC20¶¶151.
12
protection needs.92 The non-refoulement obligation under the ICCPR is absolute and
refoulement obligation under CIL and ICCPR.94 VI has not afforded the migrants any
means to apply for a status, nor has it acknowledged the status of the migrants.95
Moreover, VI’s failure to recognize their status rights and to process the migrants in
VI violates its IHRL obligations by its conduct towards the migrants in the Drago-Zone
[1]. VI violates its non-refoulment obligation with the proposed transfer of the migrants
to Mero [2].
Governments are obliged to respect, protect and fulfil the HRs of individuals in
92
Pallis¶¶329& 347; EXCOM; UNHCR-GCIP85; HRC-UN¶25.
93
Chahal¶79-80; UNCAT-GC01¶11; MBB¶6.4; UNHRC-GC20¶¶3-9.
94
ICCPR-Art.2.
95
Factsheet¶26.
96
Factsheet¶26-27.
97
OHCHR(2007).
98
Factsheet¶27.
13
i. Right to liberty and security
Arbitrary detention violates the right to liberty and security99 and is a deprivation of
fair balance between conflicting interests,102 and have a maximum duration of six
last resort in migration policy.104 VI violated this right by forcibly returning migrants
crossing into its territory arbitrarily and detaining them in overcrowded, military-
degrading treatment.
All persons deprived of their liberty shall be treated with humanity and respect for the
inherent dignity of the human person.106 States are obligated to take positive measures
which provides that no one shall be subjected to degrading treatment, which covers
99
ICCPR-Art.9; Hammel¶179; V.M.R.B.¶4.4,6.3,258.
100
Factsheet¶26; IOM¶¶25,27; Cholewinski¶¶54.
101
Cholewinski¶¶54; Velez¶162.
102
Arbitrary-Detention(Australia)¶12.
103
W.G.A.D.¶84; Directive-EP.
104
HCR-AR¶54; El-Dridi¶39; HRC-Promotion¶67,82.
105
Factsheet¶26-27.
106
ICCPR-Art.10; HRC-GC21.
107
HRCC458/1991¶9.3; Nowak¶¶188; HRC-GC21.
108
ICCPR-Art.7.
14
acts which cause physical and mental suffering to the individual.109 VI violated the
migrants’ right to be treated with humanity and respect for their inherent dignity by
denying them access to basic amenities during the time of health crisis and by
Everyone has the right to an adequate standard of living for themselves and their
family.111 A State party must provide minimum standards with respect to the conditions
of detention.112 Poor sanitary and hygienic standards and lack of adequate food and
medical treatment are violations of these rights.113 VI violated these rights by not
providing the migrants with an adequate standard of living, failing to grant them the
highest attainable standard of health and by the unlawful treatment of the migrants.114
migrants to Mero
A State can only transfer migrants to a safe third country115 with access to basic needs
and respect for their rights.116 If a transferring State has actual or constructive
109
GC20¶151; HRC-GC07.¶129.
110
Factsheet¶27.
111
ICESCR-Art.11; HRC-GC04¶1.
112
Nowak¶¶159.
113
Ibid¶¶172,247; HRC-GC14¶2; ICCPR-Art.10(1),12(1).
114
Factsheet¶27.
115
Lauterpacht¶¶122, ¶116.
116
Goodwyn-Gill¶¶393&395.
15
knowledge of violations of international obligations, it cannot make transfers in good
faith.117 The transferring State is disentitled from prompting any transfers to that State
unless and until there is clear evidence that the breach has ceased.118
The Government of Mero armed terrorist groups, causing displacement and a refugee
refoulment obligations.120
obligations.
obligations[B].
A. VI violated IHRL
States are obligated to respect the RTP irrespective of whether the interference
originates from State authorities or natural or legal persons.121 VI violated the rights
117
Foster¶¶223,¶¶284.
118
Foster-Colloquium¶15.
119
Factsheet¶28.
120
Factsheet¶28.
121
ICCPR-Art.17; HRC-GC16.
16
1. RTP
privacy.127 VI's Government violated the RTP of individuals by sharing their personal
information with MdarahVision without their consent, which was discovered during a
hostile takeover.128
The disclosure of personal data without consent is unlawful and arbitrary.129 As it was
not provided by law[i], there was no legitimate aim for disclosure[ii], and disclosure
was unreasonable[iii].
122
Ibid.
123
EC-GDPR-Art.4(1); SADP; CPIAP.
124
Rep-RTP¶53; UNHRC-RTP¶¶10. UNHRC-RTOE¶¶23; ADIRF; Declaration-FoE; Delfi¶147;
17
i. The disclosure was not provided by law
An interference must have a legal basis in domestic law,130 accessible to the public131
conduct accordingly.132 The relevant legislation must specify in detail the precise
VI contracted with MdarahVision for health and education projects and its research
into the covid-19 vaccine, thereby disclosing personal data to MdarahVision that was
not provided by law even before the framework in the roadmap was published.137
aims and objectives of the ICCPR and is reasonable in the particular circumstances
of the case.138 To compel the disclosure of personal data of individuals without their
130
Verein¶¶55; Rotaru¶¶52; Maestri¶¶30.
131
Sunday¶¶49; UNHRC-GC34¶¶2.
132
Groppeara¶¶68; Silver¶¶88; Herczegfalvy¶¶89; Leander¶¶51; Zakharov¶¶228; Rotaru¶¶52;
Malone¶¶56.
133
UNHRC-GC16¶8; MM¶¶193; Huvig¶¶32; Malone¶¶66-68; Rotaru¶52,55; Liberty¶¶59; Marper¶¶95.
134
Kruslin¶¶30; Malone¶¶67; BBWatch¶¶305; Benedik¶¶125.
135
Hämäläinen¶¶63; Airey¶¶33; Fonteecchia¶¶49; Manila; ADIRF¶¶18.
136
UNHRC-SSPP¶¶6-7.
137
Factsheet¶44.
138
GAOR(A/43/40)¶22; Huls¶7.3; HRC-GC16¶4.
139
Peck¶¶85; Mozer¶¶194.
18
Rights can be restricted if it aims to balance the right to privacy with other vital societal
interests, such as protecting the rights and reputations of others or ensuring public
health, and morals are safeguarded.140 No compelling legitimate reason was furnished
by VI. VI failed to take consent from the participants and did not inform them of such
disclosure.141
‘Reasonable’ means that any interference with privacy must be necessary in the
circumstance of any given case and be proportional to the end sought.142 The
requires it to be the least restrictive measure to achieve the end sought.144 VI exploited
data to improve infrastructure and research for MdarahVac within the territory and
Individuals have right to protection of privacy,146 and the State must adopt measures
140
UNHRC-GC31¶¶6; UNHRC-RTOE¶¶28; Bossuyt¶¶375; Callamard; Nowak¶¶468-480; ICCPR-
Arts.12(3),18(3),19(3),21,22(2).
141
Factsheet¶45.
142
Toonen¶8.3; HRC-GC16¶4.
143
Otegi¶49; Fuentes¶43; Mamere¶19; Steel¶87; Lehideux¶51; Bergens¶48.
144
UNHRC-SRPPRTF¶¶16-17; Lohe¶¶148-149; Sunday¶¶62.
145
Factsheet¶43.
146
ICCPR-Art.2,17(2).
147
UNHRC-GC16¶¶1.
19
machinery.148 Interference with privacy should be adjudicated by an independent
not informed or asked for consent. VI's grant of access to personal data before the
REPARATIONS
Wrt CLAIM A, property rightfully owned by the Applicants should be returned to them
Wrt CLAIM B, Applicants seek that the Court order, under its power to issue
provisional measure,157 that VI: determine the status of displaced varanidaens; and
facilitate the entry into innerland VI thereby providing access to better facilities.
148
Weber¶¶95; Kruslin; Huvig¶¶32-35; Amann¶¶74.
149
Klass¶¶55; Smirnova¶¶47-48; Hämäläinen¶¶63.
150
Factsheet¶43-44.
151
Slovenia¶79. Honduras¶68; ICCPR-Art.2(3).
152
UNGA-Reparation¶7;
153
UNGA-Reparation¶18
154
Chinchilla¶261.
155
OHCHR-GC; Kline; Beirer¶¶260
156
ICCPR-Art.12; UDHR-Art.25; CERD-Art.5(e)(iv); CRC-Art.24; GVAP-Objective.2.2.
157
Factsheet¶7
20
Wrt CLAIM C, VI must guarantee the victims’ RTP158 for which the victims must be
financially compensated.159
PRAYER
Applicant humbly prays before this Court to adjudge and declare that:
IHR Obligations.
3. VI’s arms trade and its treatment of Varanidean refugees in Drago-Zone are
Word Count
Arguments: 2956
158
CAT-Art.13; UNPIT-Principle3(b); ICCPR-Art.17(2).
159
ASR-Art.34,36(2).
21