Good Morning, Your Excellencies,.

May it please the Court, my name is Rika

Masirilla Septiari and i am Agent for the Respondent, the Republic of Ritania. I will
be addressing four issues concerning jurisdiction. So, i will take 5 minutes each for
my presentations. Start with the facts of this case which are :
1. Daedalus was a stolen Ritanian yacht controlled by Oscar de Luz (Luz), a
Ritanian national.
2. Along with Luz, Daedalus carried a crew of 10 and several persons on board.
3. Rosehill, an Amelea cruise ship carrying 556 passengers, departed from Amalea
and headed for Ritania. As Rosehill approached Excelsior Island, the captain saw the
he was on a collision course with fast approaching Deadalus, a stolen Ritania-flagged
yacht under the control of Oscar de Luz.
4. Attempting to avoid collision, Rosehills captain veered the cruise towards the
island, causing a series of explosions and sinking of Rosehill that resulted in deaths of
127 passengers and crew of Rosehill
5. Amalea arrested Luz, he was charged on 127 entailing counts of murder, reckless
endangerment, negligent operation of a seagoing vessel and property crimes under
Amalean Penal Code, established since 1995. These convictions were affirmed by the
court of criminal appeals and Amaleas supreme court.
So, the first issue of mine is The Amalean authorities has no jurisdiction over Oscar
De Luz based on Active Nationality Principle. Active Nationality principle is a
principle that can bring jurisdiction over a state when a perpetrator is a national of
such states. This argument based on Article 97 paragraph 1 UNCLOS 1982 and
Article 11 paragraph 1 High Seas Convention. (Explain)
Go on to the second issue YE, Ritania maintains the exclusive right to prosecute Luz
based on the principle of subjective territoriality jurisdiction. Subjective territoriality
principle concurs that a State has the legal capacity in reliance on its sovereignty and
international law to assert jurisdiction over crime when the incriminating action starts
within its territory, regardless of the criminal consequences place.
The third issue, Amaleas reliance on objective territoriality and passive nationality
principle must be held inapposite. First, objective territoriality asserts jurisdiction of a
State over acts done outside its territory, but which have or are intended to have

substantial effects within that State. Under the objective aspect of territorial
jurisdiction, a sovereign is recognized as having the power to adopt a criminal law
that applies to crimes that take effect within its borders even if the perpetrator
performs the act outside of its borders. Both states may use this objective territoriality
principle, because the Rosehill which led it sinks and causing the majority deaths of
Amalean passengers but Ritania is also got the impact of the incident.