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?