INTERNATIONAL COURT OF JUSTICE

CASE CONCERNING YAXA WELIJA AND

LOXES SCAR

(THE STATE OF ADAMAE v. THE REPUBLIC OF RANDANIA)

ORDER OF 22 FEBRUARY 2023

2023
COUR INTERNATIONALE DE JUSTICE

AFFAIRE CONCERNANT YAXA WELIJA ET

LOXES SCAR

(L’ÉTAT D’ADAMAE c. LA RÉPUBLIQUE DE RANDANIA)

ORDONNANCE DU 22 FÉVRIER 2023

 INTERNATIONAL COURT OF JUSTICE

YEAR 2023

22 FEBRUARY 2023

CASE CONCERNING YAXA WELIJA AND

LOXES SCAR
(THE STATE OF ADAMAE V. THE REPUBLIC OF RANDANIA)

ORDER

The International Court of Justice,

Having regard to Article 48 of the Statute of the Court and to Articles 31, 44, 45(1), 48,
and 49 of the Rules of the Court,

Having regard to the Application filed in the Registry of the Court on 22 December 2022,
whereby the State of Adamae (“Adamae”) instituted proceedings against the Republic of
Randania (“Randania”) with regard to a dispute concerning alleged violations of international
law by Randania;

Whereas Adamae and Randania have appointed their respective Agents;

Taking into account the agreement of the Parties,

1
 Fixes the dates for the filing of the written Memorials and the oral pleadings as the dates
set forth in the Official Schedule of the 2023 INTERNATION International Moot Court
Competition; and

Adopts the Official Rules of the 2023 INTERNATION International Moot Court
Competition.

Done in English and in French, the English text being authoritative, at the Peace Palace,
The Hague, this eleventh day of June, two thousand and twenty-three, In three copies, one of
which will be placed in the archives of the Court and the others transmitted to the Governments
of Adamae and Randania.

(Signed)

President

(Signed)

Registrar

2
 STATEMENT OF AGREED FACTS

CASE CONCERNING YAXA WELIJA AND LOXES SCAR

(The State of Adamae v. The Republic of Randania)

15 JANUARY 2023

1. The State of Adamae (“Adamae”) is a federal constitutional republic with a territory of

approximately 13.25 million square kilometers, a population of 143 million, and a GDP
of 1.779 trillion US Dollars. Adamae has developed a niche in the international market
for biomedicine.

2. The Republic of Randania (“Randania”), which lies to the west of the Adamae, is a
parliamentary republic with a territory of approximately 520.000 square kilometers,
housing a population of 44 million. Although Randania used to be consistently ranked
among the lowest countries listed in the Organisation for Economic Co-operation and
Development (OECD) Index, following the nationalization of its oil industry, its GDP in
2021 is estimated to be 265 billion US Dollars.

3. From the 1950s to the early 1980s, the people of Randania experienced poor living and
health standards due to various factors, including a highly corrupt government and a lack
of competitiveness in its agrarian industry. In 1986, President Amuro Roi took office and
launched extensive reform efforts to address corruption, leading to the prosecution of 69
politicians and 257 government officials.

4. One of President Amuro Roi's notable achievements was the establishment of the
National Human Rights Supervisory Commission (“NHRSC”). The NHRSC was a

3
 government organ tasked with reviewing the compliance of State organs and private
entities with internationally recognized human rights standards and assisting the
government and its agencies in formulating policies and decisions. With a corruption-free
administration in place, Randania then turned its attention to the identification and
exploitation of oil reserves throughout its territory, which gained significant international
demand.

5. The Holy Lands of Ibn al Xu’ffasch (“Xu’ffasch”) is a military dictatorship with a

territory of approximately 650.000 square kilometers and a population of 33 million.
Xu’ffasch has naturally rich oil reserves and is one of the most profitable oil industries in
the world.

6. On 9 October 2011, an airborne bio-toxin with immediate fatal effects was released in
several large cities in Adamae, leading to the deaths of an estimated 5.000 civilians. On
the same day, a Xu’ffaschi terrorist group called the League of Assassins took
responsibility for the attack through a video it published on multiple online platforms.
Ra’s Ibn al Xu’ffasch, Xu’ffasch’s head of State, offered sympathy for the victims of the
attack, but also stated: “The targets of the League are targets for a reason”.

7. On 9 November 2011, as a response to the public declaration, President Yaxa Welija,

Adamae’s head of State, announced the launch of Operation Target League, a military
operation with the aim of “capturing or neutralizing key figures in the League of
Assassins, including Ra’s Ibn al Xu’ffasch”. Operation Target League was launched on
Xu’ffaschi territory and, within a year, resulting in Adamae exercised control over
roughly 75% of Xu’ffaschi territory through a provisional government, which has not
been removed. Prior to the establishment of the Adamae provisional government, the
Xu’ffaschi domestic oil industry was fully nationalized but has now been opened to
international oil companies and foreign investment.

8. In 2016, an NGO named the International Supervision and Accountability (“ILSA”)

released a report in which they provided evidence to support their allegations that the
Welija administration committed 269 war crimes, including but not limited to employing
illegal weapons, attacking civilians and civilian objects, and severely mistreating

4
 detainees. While, initially, the United Nations Security Council (“UNSC”) implicitly
sanctioned Operation Target League, it has subsequently passed three resolutions that
have been interpreted by prominent academics and international lawyers as condemning
Adamae’s actions. In a more explicit fashion, a coalition of 44 States including Randania,
issued a joint statement in which they condemned Adamae’s actions as “aggressive and
unlawful”.

9. On 6 June 2020, Randania’s head of State, Ra's al Ghul Ducard, authorized the issuance
of Decree No. 34/35. This initiative was taken due to Randania's reliance on foreign
producers to supply itself with sufficient vaccines and medical apparatus to improve the
poor health standards within the country. Decree No. 34/35 provided an opportunity for
foreign investors to participate in a tender process and acquire rights to an investment
project. The project, referred to as Project Aznable, involved the establishment of a
medicinal research facility that would collaborate with domestic manufacturers to
produce accessible medicine and medical equipment. The registration for the tender
process was to be conducted through a publicly accessible domain. To ensure the smooth
implementation of this initiative, the National Tender Commission for Foreign
Investments (“Tender Commission”) was established alongside the Due Diligence and
Transparency Rules for the Foreign Tender (“Tender Rules”), which would govern the
tender process.

10. Following the issuance of this decree, several investors from States all over the region
expressed great interest at the opportunity and subsequently registered through the
provided channel. One such investor was Echelon Virus Investigation Laboratories. Inc
(“EVIL Inc.”), a prominent multimillionaire biomedical company based in Adamae.

11. By 17 July 2021, the tender process was nearing completion with a general consensus
among relevant official stakeholders that EVIL Inc. would be best suited for the project
due to its longstanding presence and experience in the field of biomedicine. Around this
time, EVIL Inc.’s CEO, Mr. Loxes Scar, was seen attending in-person meetings and
verification processes with the Tender Commission and Randania’s Ministry of Economy
and Trade alongside two remaining tender participants.

5
12. On 28 September 2021, President Welija announced that Operation Target League would
be extending its military operations to Randania, on the basis of apparent evidence
collected by its central intelligence agency that Ra’s Ibn al Xu’ffasch had sought refuge
in Randania’s territory. In the weeks to follow, videos were published by reputed NGOs
and United Nation bodies documenting Adamae armed forces performing a similar
pattern of conduct in Randania’s territory as that alleged in Combat Impunity’s 2016
report. After a particularly devastating military operation that resulted in the forced
evacuation of large swathes of the civilian population and the complete destruction of a
United Nations Educational, Scientific and Cultural Organization heritage site, the UNSC
passed Resolution 2395, which states in recitals six, seven, and twelve:

“Recalling that in times of armed conflict, States may not derogate from
mandatory obligations under international humanitarian law,

“Reaffirming that the protection of civilians in times of armed conflict is

absolute,

[…]

“Recognizing the contemptible nature of impunity and the pressing need

for a legitimate judicial mechanism to prosecute perpetrators of
international crimes,

[…]”

13. On 29 September 2021, Ra’s al Ghul Ducard, Randania’s head of State, issued a public
statement condemning Adamae’s actions and announcing that Randania would deploy its
armed forces as an act of self-defense. On the same day, Randania’s self-defense
measures were reported to the UNSC. Until now, the use of armed force between the two
States has not ceased.

14. On 25 March 2022, Randania’s Ministries of Defense, Justice, and Foreign Affairs met
with Professor Sylvaine Sakiko, a renowned international lawyer, to discuss what
measures Randania could take to ameliorate the situation. In an interview with Combat
Impunity on the topic of what legal steps Randania would be exploring in relation to the

6
 armed conflict, Prof. Sakiko affirmed that Randania was fully entitled to avail itself of
more than use of force as a self-help measure, stating in particular:

“After all, if an injured State is permitted to employ force to repel an

armed attack, why should it be precluded from wielding its judicial
apparatus in an analogous fashion?”

15. On 17 April 2022, in a session before the UNSC, Randania’s representative proposed that
the UNSC exercise its powers under Chapter VII of the UN Charter to establish an ad hoc
court to prosecute high-level political and military leaders from Adamae that allegedly
initiated Adamae’s purported act of aggression, or alternatively, to sanction the creation,
by Randania on its own motion and in conjunction with at least one other State, of an
international criminal court with the same mandate. The proposal was vetoed. In a
concurrent session before the UNGA, Randania’s representative raised a similar proposal.
UNGA Resolution A/RES/76/262 was eventually passed, neither explicitly affirming nor
denying Randania’s proposal. At the end of the session, Randania’s representative issued
a public statement, which reads in the relevant part:

“While some States cower in fear of the political, economic, and military
might of Adamae, others are courageous in the face of adversity and are
capable of compassion for our beloved country, which has become the
victim of Adamae’s chauvinistic behavior. This landmark resolution
condemns Adamae’s conduct, and indeed, in the fourth and sixth recital
of its preamble it states: ‘Fully intending to cooperate with Randania to
alleviate itself of the horrors accompanying armed conflict’ and
‘Desirous of a proper judicial mechanism capable of vindicating
Randania’. The voice of the international community must be amplified
by action and the formation of an international court is the very next
step!”

16. On 30 May 2022, Randania’s government issued a unilateral declaration titled

“Randania’s Declaration on the Creation of the Special Chamber for International
Crimes” (“the Declaration”), with the purpose of establishing an international criminal

7
 court. The final provision of the Declaration explained that it was, in effect, a standing
offer to the international community to join Randania in the creation of an international
court and that all that was needed to accept the offer would be for any actor, with
authority to act on behalf of another State, to issue a similar declaration with at least the
same content as Chapter I and II of the Declaration.

17. On 16 June 2022, Randania’s parliament passed a bill titled “Law on the Creation of the
Special Chamber for International Crimes and Specialist Prosecutor’s Office” (“the
Law”), with practically identical content to the Declaration and which formally
established a separate chamber in Randania’s national criminal judiciary dedicated to the
Declaration’s purposes. According to the Law, the Special Chamber would be officially
headquartered in Randania’s territory and incorporated under Randania’s laws with the
capacity to conclude all the necessary contracts to ensure its functioning.

18. On 30 June 2022, Randania held an official ceremony to appoint the Special Chamber’s
Special Prosecutor and its twenty-one judges. Consistent with Article 39 of the Treaty
and the Law, none of the judges possessed any previous affiliation with Randania and
were all qualified for the highest judicial offices in their respective States. Prof. Sakiko
was appointed Special Prosecutor. In an interview with Prof. Sakiko regarding the
possible repercussions she and other staff of the Special Chamber may face from
President Welija, she stated:

“Indisputably, President Welija wields great power. But the law is the great
equalizer of all, and it fears no one. As agents of the law, we must be similarly
fearless.”

19. Following a two-week meeting between Randania and Xu’ffasch in early July 2022, a
public ceremony was held on Xu’ffaschi territory, in which Xu’ffasch’s Minister of
Foreign Affairs issued a unilateral declaration with effectively the same content as the
Declaration. At the close of the ceremony, which was covered by the international press,
Ra’s al Ghul Ducard took the opportunity to encourage the international community to
take similar action. Until now, no further States have issued similar declarations.

8
20. On 18 July 2022, President Welija, along with her Cabinet, appeared on Adamae national
television with the following message, which was delivered by Adamae’s Secretary of
State:

“As long as Randania and Xu’ffasch limit the effects of their judicial
mischief to themselves, Adamae is indifferent to the legal Frankenstein
they have created. However, statements of their kangaroo court’s
prosecutor have revealed their intention to illegally target President
Welija through a putative international court that is actually a national
chamber in masquerade. Evidently, this is a pathetic, transparent attempt
to circumvent the established international rules on immunity which
prevent the prosecution of heads of State by foreign national courts.
After all, why should two States, galvanized by clandestine purposes and
covert motives, be permitted to produce a court with powers neither of
them alone possesses? Simply put, any judgment issued by this ignoble
circus would not be worth the paper it is written on.”

21. On 24 July 2022, Randania and Xu’ffasch’s Ministers of Foreign Affairs broadcast the
following joint statement on their respective States’ national television:

“While, in essence, the Special Chamber for the Crime of Aggression

represents the progeny of our two States’ desire to condemn the impunity
President Welija currently enjoys, it has evolved into much more than
that. As it now possesses its own legal personality distinct from that of its
Member States, it has transformed into an instrument and indeed a
weapon unencumbered by any immunities its Member States may be
bound to recognize. The legality of its exercise of jurisdiction over any
person in the world who has committed crimes against the international
community is therefore undeniable.

In any case, a prosecution of Mr. Welija would amount to a lawful

reprisal under international humanitarian law, which is the governing
regime in times of armed conflict. Other justifications under the

9
 recognized customary circumstances precluding wrongfulness further
clothe the exercise of this Chamber’s jurisdiction in the full protection of
the law.”

In the Secretary of State’s statement, reference was made to recital 9 of the Declaration
and Law’s preamble, as well as Articles 4, 27, and 40(1) and (5), which have been
reproduced below:

Preamble Recital 9

Determined to establish an independent criminal court with jurisdiction

over international crimes, which is of concern to the international
community as a whole,

[...]

Article 4

1. The Chamber enjoys legal capacity as may be necessary for the

exercise of its functions and the fulfillment of its purpose.

[…]

Article 27

The Chamber’s jurisdiction is not barred by immunities or special

procedural rules that may attach to the official capacity of a person either
under national or international law.

[…]

Article 40

1. Member States shall refrain from interfering with the judicial

activities of the Chamber.

[…]

10
 5. Judges shall be independent and impartial in the performance of
their functions.

[…]

22. In light of the ongoing tension and conflict between Adamae and Randania, the Tender
Commission sent an inquiry dated 30 September 2022 to ascertain whether EVIL Inc. and
the two other remaining tender participants would nonetheless continue with the
verification process in relation to the tender. Several days later, the Tender Commission
received a direct reply from Mr. Loxes Scar indicating his intention to proceed with the
process. The two other tender participants also confirmed their willingness. This approval
was met with much enthusiasm and praise within Randania.

23. From 1 to 17 October 2022, Randania began to experience a surge in cases concerning
missing children. All the cases during that time appeared to follow a coordinated pattern:
children were abducted at specific routes, at certain times of the day, with each child
being no older than 10 years old. While police investigations were launched to resolve
the situation and patrol shifts were doubled in intensity and scale, no progress was made
over the matter. It was only several weeks after the first round of disappearances on 1
October 2022 that a mass grave containing dozens of child corpses, later identified to be
those who disappeared in the preceding weeks, were found.

24. Autopsies conducted on the corpses yielded unusual results that consistently indicated the
presence of a lethal dose of an unknown substance in the children’s bodies. Another
recurring observation made by the state morticians in charge of the autopsy identified
surgical needle wounds around the wrists, arms, and necks of the children. In light of the
particularly gruesome details of the case, Randania’s police department formed a joint
investigative task force with the NHRSC, with the latter assisting the police in profiling
potential perpetrators through its experts and private databases. The investigations
conducted have since then continued with several arrests and detentions being made only
to end with the eventual release of suspects due to insufficient evidence.

25. Randanian news sites and criminology experts have remarked that the pattern of child
abductions and murders was suspiciously similar to a publicly accessible and infamous

11
 criminal case adjudicated in Adamae in the 1970s. The case, for which EVIL Inc. was
investigated and charged for the crime of unethical human experimentation and testing in
the abandoned city of Panem, led to EVIL Inc.’s criminal conviction before Adamae
courts. In that case, a report from Adamae’s Police Department (“APD”) found that
orphaned children, who were living in neglected government-owned orphanage houses,
were taken away from very specific routes, at certain times of the day, with each child
being no older than 10 years old. The Supreme Court of Adamae ruled that EVIL Inc. had
been found guilty beyond reasonable doubt for the abduction of several dozen orphaned
children who were taken for the sole and deliberate purpose of clinically testing an
experimental drug commercially developed by EVIL Inc. for the past decade. The
rigorous and strenuous process ultimately led to the children’s demise, with a notable
observation being the numerous surgical needle wounds found all over the victim’s
bodies. EVIL Inc. was subsequently fined a third of the maximum sanction and was still
allowed to operate under strict supervision by the Adamae government. It was found that
following its conviction, extensive funding and renovations were provided to the
previously neglected government-owned orphanage houses by EVIL Inc.

26. Roughly a decade following the criminal prosecution of EVIL Inc. by Adamae national
courts, proceedings were instituted against Mr. Loxes Scar in Randanian Courts for an
allegation of attempted child abduction; this later came to be known as the Scar
Abduction Case. The Scar Abduction case concerned the alleged attempted abduction of
Banagher Ral on 10 November 1983 from a public park in the city of A Baoa Qi in
eastern Randania. The mother of the victim saw a man later identified to be Mr. Loxes
Scar loading her unconscious son into a white van. Upon forcefully retrieving her son and
calling the cops, Mr. Loxes Scar was taken into police custody for questioning. During
questioning, he argued that he was not attempting to kidnap the child but had merely
taken the initiative to deliver the boy who he had found lying unconsciously on the
ground during his walk back from work. Eventually, the following incriminating
evidence was found against Mr. Loxes Scar:

12
 a. Clinical sedatives and syringes were found inside Mr. Loxes Scar’s white van
with his fingerprints. A medical check-up of Banagher Ral showed traces of the
same substance in his system.

b. A review of several publicly available CCTV footage around the area clearly
showed that Mr. Loxes Scar had approached Banagher Ral. This eventually led to
a struggle between the two as the latter attempted to escape his assailant who tried
to inject him with a clinical syringe.

27. On 31 October 2022, a prominent Randanian national news outlet, Capy News, received
recordings of Mr. Loxes Scar during a private call with his secretary back in Adamae.
The minutes of the call which were later broadcasted in an emergency feature by the
news outlet are as follows:

SECRETARY: “Mr. Scar, you know better than me that the shareholders are
getting antsy about investing in a country our government is fighting with. It
won’t be long before the board thinks about a vote of no confidence, and I’m
not sure we’ll make it out of this one alive.”

LOXES SCAR: “Whatever quarrel the top brass has with the Randania
Government is none of my concern. I do not concern myself with politics, not
when there is so much profit to be made from this conflict! It is not blood which
flows from the open veins of the dead but money; and even if it was, I shall
wash my hands clean with running currents of profit. Those self-righteous old
farts back home have laid the deaths of those children before my doorstep time
and time again, little do they know that I would have had no qualms using their
tiny skulls as stepping stones for my empire.”

28. This statement was met with much scrutiny by both the Randanian citizens and various
government authorities which described the act as “foul, despicable, and highly
condemnable” or “concerning to the highest extent”. In a public response to the statement

13
 dated November 3rd, 2022 the Ministry of Economy and Trade rebuked the statement
made by Mr. Loxes Scar:

“While it is perfectly understandable for any business entity to be driven

by a desire to profit, we nonetheless find the statement made by Mr.
Loxes Scar to be highly unsettling and inappropriate given the
circumstances of the present state of affairs. As a potential partner to our
State for Project Aznable which was meant to alleviate the standards of
health for our people who have long suffered and even more so in this
time of conflict, we believe it is imperative for EVIL Inc. and all other
possible tenders for the project to conduct itself accordingly.”

29. Three days following the broadcast of the recording and the discovery of a newly found
CCTV footage, the joint investigative task force obtained warrants to take Mr. Loxes Scar
in for questioning given the criminal history of his company, EVIL Inc., and several key
pieces of evidence including an authenticity check of his leaked private phone call with
his secretary. Several other noteworthy items of evidence include:

a. evidence that the vehicle used to abduct the children was one of EVIL
Inc.’s vans, confirmed with a found CCTV capturing its car plate during
the abductions;

b. minutes of the Scar Abduction Case dated December 7th, 1983.

Following the evidence obtained at the time, a claim was lodged against
Mr. Loxes Scar for the crime of attempted child abduction. On the day of
the proceedings however, the victim’s mother and other key witnesses
who had previously agreed to testify against Mr. Loxes Scar suddenly
refused to appear before the Court, admitting to a lack of immediate
knowledge regarding the circumstances surrounding the abduction. The
5 presiding judges to the case made summons in accordance with
national law, however where such summons were not heeded no further
action was taken. Furthermore, the A Baoa Qi Police Department
submitted an abrupt statement that all key evidence in its possession had

14
 been either lost or destroyed in a fire that broke out following a gas leak
from a nearby donut shop the day before the proceedings. By December
12th, 1983 Mr. Loxes Scar was acquitted of all charges and the case was
dismissed due to an insufficiency of evidence against him;

c. reports of suspicious financial statements being made on December 8th,

1983 from Mr. Loxes Scar to the victim’s mother. The latter had
received $15.000,00 in a transfer labeled by Mr. Loxes Scar as
‘condolence money’. Further investigation showed 5 other transfers
being made to the bank accounts of the 5 judges presiding over the case
prior to the proceeding. While police officials suspected bribery or some
other form of misconduct that connected the transfer to the outcome of
the proceedings, no finding was ever made with respect to this
suspicion;

d. a twofold record of Mr. Loxes Scar was registered in the Randanian

police database on December 13th, 1983 initially as a suspect of
attempted child abduction and subsequently as a person of interest in
light of the unusual circumstances surrounding the conclusion of his
trial. For the purposes of the second record, Mr. Loxes Scar was notified
that his fingerprints shall be maintained within the database as well.
Despite having consented to the recording of his fingerprints, the record
log shows a plea for the deletion of both records by Mr. Loxes Scar on
December 15th, 1983. This request was rejected on the basis of a
decision by the Data Retention Committee.

30. The information mentioned in the preceding sub-paragraphs (b, c, and d) were stored in a
non-public database under the jurisdiction of the Randania police and the NHRSC. Those
who maintain the storage of such data have signed a non-disclosure agreement. Access to
individual files is only granted following a warrant approved by both the chief of police
and director of the NHRSC within secured lines of communication within the former’s
facilities. Furthermore, any automated process associated with the operation of the
database is subject to multiple encryptions, and its security is reviewed daily by

15
 professional technicians. None of the aforementioned information had been accessed for
use since the day they were filed and stored in 1983.

31. During the ongoing investigation of Mr. Loxes Scar and EVIL Inc., the director of the
NHRSC wrote a report on the situation which detailed the evidence potentially linking
the abduction and murder of the Randanian children to Mr. Loxes Scar. This report was
made in private and was only made privy to both the director of the NHRSC and the head
of the Tender Commission. In its report, the director of the NHRSC explicitly stated that
“... while clearly unconfirmed and still under investigation, we at the NHRSC believe it
to be necessary to alert the Tender Commission regarding the situation and history
surrounding the potential winner of Project Aznable, given its public nature and close
relation to the public. We encourage you to take due consideration of this report.”

32. In light of those pieces of evidence, the joint investigative task force attempted to locate
Mr. Loxes Scar for questioning. On 5 November 2022, members of the joint investigative
task force approached an inebriated Mr. Loxes Scar at the entrance to the lobby of his
apartment. Upon seeing people approach him, the latter broke into a sprint toward the
direction of an elevator. Scar successfully escaped the building and stopped. A video
recording from a public CCTV located outside of the building showed that Mr. Scar was,
in panic, attempting to make a call. The joint investigative task force was able to detain
him while he was frantically attempting to make the phone call in the hallway leading to
his apartment unit before searching his room and finally seizing his phone, laptop, and
briefcase containing administrative documents on EVIL Inc. and its preparations for
Project Aznable. The task force also obtained the CCTV recording. The commotion
caused by the short pursuit drew the attention of nearby tenants and the apartment staff.
The story was later vaguely picked up by Capy News and publicized in the morning TV
headline and their daily newspaper, written on the front page as a headline, with huge
fonts, emphasizing the controversy of Mr. Scar’s association with the child abductions
from 30 years ago.

33. During the ongoing investigation of Mr. Loxes Scar and EVIL Inc., the director of the
NHRSC constructed a report on the situation which detailed the evidence potentially
linking the abduction and murder of the Randania children to Mr. Loxes Scar. This

16
 private report was only made privy to both the director of the NHRSC and the head of the
Tender Commission. In its report, the director of the NHRSC explicitly stated that:

“... while clearly unconfirmed and still under investigation, we at the

NHRSC believe it to be necessary to alert the Tender Commission
regarding the situation and history surrounding the potential winner of
Project Aznable, given its public nature and close relation to the public.
We encourage you to take due consideration of this report.”

34. In light of NHRSC’s alert to the Tender Commission, the Tender Commission
disqualified EVIL Inc. as one of the tenders of the Project Aznable, in reference to
Article 81 of the Due Diligence and Transparency Rules for the Foreign Tender (“Tender
Rules”):

Article 81

1. In order to achieve and meet its responsibilities under the Constitution,

the Tender Commission as part of the Randania Government shall put in
place processes and policies of due diligence.

2. Such processes taken to ensure financial stability, adequate operational

performance, and the highest standards of safety include:

a. A selection process based upon the tender participant’s expertise

and experience in projects of comparable size, complexity, as
well as sector of industry.

b. To conduct a due diligence of the tender participant’s financial

situations including, interalia, debts and capitals.

3. Such policies taken to ensure respect for human rights, the national laws
of the Government of Randania, and its international obligations under
all relevant instruments of international law shall include:

17
 a. Due consideration for any relevant factual developments
involving each individual tender participant in relation to its
eventual role in Project Aznable.

b. Due consideration for the ratification or clarification of new or

pre-existing treaty obligations that are legally binding to the
Randania.

35. Mr. Loxes Scar was detained for questioning for a couple of days pursuant to Randanian
procedural criminal law. Eventually, he was released as he had a confirmed and
uncontested alibi; no further evidence was adduced to disprove the said alibi. A couple of
weeks after the disqualification of EVIL Inc. from Project Aznable and Mr. Loxes Scars’
release, Randania ‘s investigation was put to a halt. Ultimately, it was discovered that the
EVIL Inc.-owned van in the CCTV recording was apparently stolen by a high-profile
drug cartel operating in both Randania and Adamae territory. Further investigation into
the matter ties the recent case of child abductions and subsequent deaths to the cartel
which had been testing new recreational drugs which was later identified as the unknown
substance found inside the victims’ corpses. Following this discovery, the investigation
against Mr. Loxes Scar and his company, EVIL Inc. was discontinued.

36. After this incident, Adamae’s Minister of Human Rights and Justice made a public
statement, which was streamed by Capy News, condemning Randania’s actions against
Mr. Scar and his company, EVIL Inc.:

“Today, I stand before you as the Minister of Human Rights and Justice
to address a deeply concerning matter involving the unjust treatment of
one of our esteemed citizens by Randania. It is with great
disappointment and indignation that this incident not only infringes upon
the basic rights of our citizens but also flagrantly violates
well-established international law.”

“Let it be known that we will spare no effort in ensuring that our

citizen's rights are protected, and we will tirelessly pursue accountability
for the actions taken against them. We remain committed to defending

18
 the principles of justice and human rights, both within our borders and
beyond.”

37. In response, Randania’s Minister of Law and Justice made a public statement denying the
statement made by Adamae’s Minister of Human Rights and Justice:

“I want to emphasize that there is no violation of international law.

Randaniaa ensures the investigation of Mr. Scar and the disqualification
of EVIL Inc. as one of the tender receivers of Project Aznable complied
with the existing rules and principles of international law. We are simply
doing our very best to prevent history from repeating itself, in memory
of the regrettable deaths of innocent children in the 70s and 90s.

It is completely hypocritical of the State of Adamae to accuse us

of violating rules and principles of international law, when it is evident
that President Yaxa Welija is responsible for many of the atrocities that
led to the deaths of innocent people.”

38. On 22 December 2022, Adamae filed an Application with the Court instituting the
present proceedings against Randania, alleging that Randania has breached international
law by illegally attempting to exercise jurisdiction over President Welija through a
criminal court of a de facto national character and that Randania’s data processing
operations over Mr. Loxes Scar’s personal data were equally a violation of the
International Convention of Human Rights.

39. Adamae and Randaia had, on 17 December 2002 and 25 September 2007 respectively,
deposited Declarations with the Secretary-General of the United Nations under Article
36(2) of the Statute of the International Court of Justice. Both Declarations stated:

“The Government declares, with immediate effect, that it recognizes as

compulsory ipso facto and without special agreement, in relation to any
other State accepting the same obligation, the jurisdiction of the
International Court of Justice in conformity with paragraph 2 of Article
36 of the Statute of the Court, until such time as notice may be given to

19
 the Secretary-General of the United Nations withdrawing or modifying
this Declaration.”

40. Adamae and Randania became members of the United Nations in 1949 and 1956,
respectively. Both parties have ratified the Vienna Convention on the Law of Treaties.

41. Adamae as the Applicant, respectfully requests the Court to adjudge and declare that:

a. Randania violated international law by illegally attempting to exercise jurisdiction

over President Welija through a criminal court of a de facto national character, or,
alternatively, an international criminal court before which immunities are
applicable.

b. The Randania’s actions over Mr. Loxes Scar’s data violated the International
Convention of Human Rights.

42. Randania as the Respondent, respectfully requests the Court to adjudge and declare that:

a. Randania did not violate international law by exercising jurisdiction over

President Welija through an international criminal court before which immunities
are inapplicable, or, alternatively, through a chamber of its national criminal court.

b. The Randania’s actions over Mr. Loxes Scar’s data did not violate the
International Convention of Human Rights.

43. Both Adamae and Randania have agreed that the issue of reparation, if any, shall be
addressed separately in a later proceeding. Furthermore, The Holy Lands of Ibn al
Xu’ffasch has made a public declaration expressing that it has no interest in the present
proceedings and would not raise concerns if the dispute were to be brought before the
International Court of Justice.

20
 ANNEX I

INTERNATIONAL CONVENTION OF HUMAN RIGHTS*

Article 8

1. Everyone has the right to respect for his private and family life, his home and his
correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such
as is in accordance with the law and is necessary in a democratic society in the interests of
national security, public safety or the economic well-being of the country, for the prevention of
disorder or crime, for the protection of health or morals, or for the protection of the rights and
freedoms of others.

Article 10

1. Everyone has the right to freedom of expression. This right shall include freedom to hold
opinions and to receive and impart information and ideas without interference by public
authority and regardless of frontiers. This Article shall not prevent States from requiring the
licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be
subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are
necessary in a democratic society, in the interests of national security, territorial integrity or
public safety, for the prevention of disorder or crime, for the protection of health or morals, for
the protection of the reputation or rights of others, for preventing the disclosure of information
received in confidence, or for maintaining the authority and impartiality of the judiciary.

*For the purposes of the Moot, the ICHR is identical to the ECHR.

21
 ANNEX II

THE NATIONAL CODE ON DATA PRIVACY IN RELATION TO OPERATIONS OF

COMBATING CRIME

Article 3

Object and Purpose

In the spirit of preventing crime and upholding the rights of its citizens as recognized under the
Constitution and international law, the Republic of Randaniaa shall undertake proportionate data
processing operations aimed at identifying and preventing crimes within its territory.

Article 10

Data Retention Policies

1. The Republic of Randania through its police forces and other authorized agencies shall
conduct automated data retention operations in conjunction with independent review by
the Data Retention Committee in efforts of combating crimes within its territory.

2. Any such operations taken pursuant to the terms of Article 10 (1) of this instrument shall
only take place against individuals suspected or convicted of the most serious offenses
under the laws of The Republic of Randania.

3. Entities authorized by this instrument to conduct data retention operations may, under
exceptional circumstances and in light of all available facts, extend such operations
against individuals acquitted or cautioned for the most serious offenses under the law of
The Republic of Randaniaa.

4. Any personal data retained pursuant to this instrument shall not be made available to the
public in any way nor shall it be made an object of disclosure to third parties in a private
or professional context.

22
5. Entities authorized by this instrument to conduct data retention operations must take
measures and formulate internal policies to ensure the confidentiality and integrity of
any personal data retained by it.

6. The retention of a determined individual’s personal data is not subject to a fixed period
provided that the continued necessity of such retention is affirmed by a regular
independent review undertaken by the Data Retention Committee.

7. The terms of the present article do not apply to minors whose retention period can only
extend up to 3 years in the most exceptional circumstances.

23