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  1. #1
    Join Date
    Mar 2016
    Posts
    1

    Default Making a Claim for Injuries After a Conflict Between Nations

    A conflict has arisen between two states: State A and State B, both countries are geographically separated by the same border. Both have access towards the sea.

    State A has always been the strong state that helped the neighboring state of State B. This help was with a condition that it allows the naval ships of State A to travel through the sea of State B state.

    Recently, a revolution in the state of State B, changed the situation and also the attitude towards countries who helped them with conditions. All ships of State A that were passing through the waters of State B were immediately seized and sunk, killing all passengers, but one – a citizen of State C, who was a member of tourist ship.

    All citizens of State A in State B were declared enemies, arrested and their property seized. However, one State A citizen managed to escape and illegally left State B and went back to State A, she managed to file a complaint against State B in State A court.

    State A, at the same time, starts military action and crosses the border to occupy part of the State B, where the weapons pose future threat to the security of State A people.

    State A and State B, are members of the UN, and have signed a compulsory jurisdiction for the ICJ. However, State B had a reservation attached to the jurisdiction that stated:

    “I accept the jurisdiction of ICJ in all cases, except during the national emergency.”

    What are the options for State A and State B?

    State C is not a member of the UN, but its citizen was wounded badly. She needs to rectify the damage caused to her. What can State C do according to the International law?

    What is the issue here? Which rules apply ? What are the arguments? What is the conclusion?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,342

    Default Re: Who is Right in This "Made Up" Conflict

    You’ll need to use the resources to which your instructor directed you to answer these questions. Not knowing what your course materials are, what your instructor has asked you to do, or what your instructor is looking to see I cannot point you to the right direction for answering this.

    However, I will at least give you some basic principles. Each nation is sovereign and no nation is subject to the decision of any international court or body except to the extent it has consented to abide by it. State B, after its revolution, might very well decide to withdraw it's agreement to resolve disputes in the International Court of Justice (ICJ). Even if it does not take that formal step, it could ignore the ICJ and any decision of the Court. The same goes for State A.

    That said, it is possible that both States A and B might have claims to bring against the other in the ICJ. The exact details of each state’s agreement to the jurisdiction of the ICJ would have to be examined in light of the complaint the state wishes to bring to see if it is something the ICJ has jurisdiction to hear. You presumeably have access to the ICJ materials and can sort that out yourself. I won’t simply hand you the answer.

    The citizen suing State B in the State A courts would be governed by whatever State A’s law is on the matter. State A, however, only can enforce its judgment within its borders. If State B has assets within State A then State A might be able to freeze or seize those assets to pay any judgement the State A citizen obtains.

    The citizen of State C might be left with little recourse other than filing a civil complaint in State C (if State B has any assets there that might be attached to pay for it) or in State B, if State B would allow such claims. There is simply not enough information here to really say what might be done.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,712

    Default Re: Who is Right in This "Made Up" Conflict

    When you realize that all international law is based on the willingness of the countries signatory to any treaty or other agreement abiding by that treaty you will see that unless a country is willing to go to war to force compliance, both citizen A and citizen C are crap out of luck if country B tells them to get lost.


    And please alert me to the time the UN has the authority to do diddly squat. All resolutions issued by the UN are unenforceable by the UN. The only reason the UN appears to have any power is because their resolutions are used by some country to take actions they would otherwise have no actual means to enforce. The Iraq wars are perfect examples. The US had no legal authority or basis to invade Iraq on its own but under the guise of a UN resolution we attacked Iraq. It was obviously self serving for the US as that was what the Bushes wanted to do. Otherwise the Bushes would have had to manufacture "informstion" to support a war being a validly aggrieved party (not that they didn't manufacture "informstion" to obtain the resolutions the UN issued). This way our involvement was claimed to be in support of the international community as determined by a supposedly independent entity (the UN).

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