In 1980, Aliya passed the Aliyan Ivory Trade Prohibition Act, which

illegalized and outlawed all domestic and international trade of ivory.

Despite this act, an underground market for illegal ivory further developed
remained in existence. Additionally, in 1990, Aliya passed a resolution
declaring that Thornon elephants and their parts are considered historically
and scientifically important in Aliya.
Similar to the Aliyan Wildlife Protection Act, Rincossi also enacted legislation
to protect wildlife and codify CITES in 1977. The Rincossi Flora and Fauna
Trafficking Act, prohibits international trade, which violates CITES and
mandates confiscation and destruction of illegally traded specimen. Rincossi
businesses extended into Thorno, while helping Aliyas economy it also led
to an indirect increase of illegal ivory in both countries. In response, our
client Rincossi amended its Trafficking Act. The amendment also clarifies that
Rincossis destruction of illegal ivory serves educational and deterrence
interests.
Aliya and Rincossi are members of the United Nations (UN). Convention on
the Means of Prohibiting and Preventing the Illicit Import, Export, and
Transfer of Ownership of Cultural Property (CPC), United Nations
Convention against Corruption (UNCAC), United Nations Convention
against Transboundary Organized Crime (UNTOC), Convention on
International Trade in Endangered Species of Wild Fauna and Flora (CITES).
It was July 2014, Ambassador Pam Cusi (Cusi) traveled to a port on the
coast of Aliya as part of a diplomatic mission. Several days later, Cusi
returned to Rincossi and was found in possession of 25 kg of illegal ivory,
which was immediately confiscated.
Rincossi then notified Aliyan officials, and the Parties decided to jointly
investigate the incident.
In November 2014, the investigation revealed that the Barnum Uritovsky
(BU) a private group of Rincossi citizens involved in the international
transport business was involved in Cusis ivory purchase. Rincossi has been
monitoring BUs activities for years, leading to several arrests.
In December 2014, an informant reported BUs illegal system for transporting
ivory into Rincossi through its cooperation with Aliyan poachers revealed that
the transport scheme began three years prior.
After validating the
information, Rincossi raided several BU transport containers, finding
approximately 1,500 kg of illegal Thornon elephant ivory. Rincossi officials
confiscated the ivory and detained and questioned Cusi and BU members;
ultimately, Rincossi declined to prosecute the parties.
Upon learning that Rincossi had declined prosecution, Aliya sent Rincossi a
diplomatic note conveying its concern and offering assistance. Rincossi

responded by reiterating its shared concern regarding illegal ivory trafficking,

but explained its choice to continue monitoring BUs activities, instead of
arresting them.
We refuted Aliyas claims, relying on several international treaties, which
support Rincossis actions. Rincossi also clarified that Cusis actions qualified
as private behavior; thus, the matter fell within Rincossis internal affairs. We
also pointed out Aliyas similar behavior, where Aliya previously declined to
prosecute several ivory trafficking cases. Lastly, the Republic of Rincossi
notified Aliya that it intended to destroy the subject ivory to deter and
educate.

SUMMARY OF THE ARGUMENT

I.

Rincossi fully complied with any international obligations and

customary international law regarding the prosecution of
Ambassador Cusi and Barnum Uritovsky for their alleged act of
entering in to an illegal elephant ivory trade. Rincossi did comply
with the necessary prosecutorial actions under the domestic law of
their state.

II.

Rincossi did not violate international law by refusing to return ivory

to Aliya. International law permits Rincossi to publicly destroy the
ivory. Rincossi, as a sovereign State, has the authority to destroy
the ivory, which further supports its domestic priorities while also
fulfilling its international obligations. Pursuant to the provisions of
paragraph 15(II) of the London Declaration as further support for the
destruction of illegal ivory. The said Thornon Elephant Ivory is
deemed not to be part of the cultural property of Aliya. Pursuant to
the CPCs provision regarding the confiscated ivory, it failed to
expressly state the said ivory to be considered as a Cultural
Property of Aliya.

Therefore, the ivory cannot be considered as a cultural property of

Aliya.