6th Justice P.N.

Bhagwati International Moot Court Competition on Human Rights

LIST OF AUTHORITIES (In Alphabetical Order)

ARTICLES REFERRED
1. A. D. Lellio, The case for Kosova: Passage to independence New York: Anthem
Press.
2. BBC News, UN court hears Kosovo independence case, 15:53 GMT, Tuesday, 1
December 2009.
3. Global Issues, Democracy and the United Nations.
4. Howard Clark, Civil Resistance in Kosovo, (2000).
5. Human Rights Watch, Ethiopia: Lethal Force Against Protesters Military
Deployment, Terrorism Rhetoric Risk Escalating Violence, 2015.
6. J. Ober, P. R. Williams, "Is it true that there is no right of self-determination for
Kosova?", 2006.
7. J.P. Eurick, The Constitutional Right to a Healthy Environment:Enforcing
Environmental Protection through State and Federal Constitutions, 11:2 Intl Legal
Persp., 2001.
8. Kosovos Declaration of Independence, Self-Determination, Secession and
Recognition", 2008.
9. News coverage, BB-BBN, Soremon.
10. NGO ICG Report, The State of Sectarianism in Pakistan, April 2005.
11. The Civil War in Pakistan (Shawdhinota Juddho), 1971.
12. WHRO Report, 2013.

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BOOKS REFERRED
1. Ian Brownlie, Principles of Public International Law, 2003.
2. Christine Gray, International Law and the Use of Force, 2004.
3. Mary Ellen O'Connell, The Power and Purpose of International Law: Insights from
the Theory and Practice of Enforcement, 2008.
4. Bardo Fassbender, Simone Peter, Anne Peters, The Oxford Handbook of the History
of International Law, 2012.

CASES CITED
1. Basheshar Nath v. CIT, (1959) Supp 1 SCR 528, 551.
2. Bosnia and Herzegovina v. Serbia and Montenegro, (2007) ICJ 2.
3. Delhi Transport Corporation D.T.C v. Mazdoor Congress and Others, AIR (1991) SC
101.
4. Donovan v. Dewey, 452 (1981) U.S. 594, 602;
5. Portugal v. Australia, (1995) I.C.J.
6. Gray v. Powell, 314 U.S. 402,
7. Kharak Singh v. State of U.P., AIR (1963) SC 1295.
8. F.R.G. v. U.S., (2001) I.C.J. 104.
9. M.A Qureshi v. the Union of Soviet Socialist Republic, PLD (1968) Karachi 443.
10. M/s Najib Zarab Ltd v. The Government of Pakistan, PLD (1993) Karachi 93.
11. Mst. Nasreen Riaz And Another v. Lahore Development Authority, (1998) CLC 1099.
12. Munn v. Illinois, (1876) 94 US 113 at p.142
13. Olga Tellis and others v. Bombay Municipal Corporation and others, AIR (1986) SC
180.
14. Para. v. U.S., (1998) I.C.J. 248.
15. Price v. Forrest, 173 (1899) U.S. 410, 427.
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16. Saeed Ahmed v. Mahmood Ahmed, PLD (1968) Lahore 520.

17. Shehla Zia v.WAPDA, PLD (1994) SC.
18. Syed Mansoor Ali Shah and 4 Others v. Government of Punjab, Through Housing,
Physical and Environmental Pln., P L D (2007) Lahore 403.
19. The Republic of Nicaragua v. The United States of America, (1986) ICJ.

ICJ ADVISORY OPINION AND PUBLICATIONS

1. Western Sahara (Rio de Oro and Sakiet El Hamra), Western Sahara opinion, 1975
ICJ Rep 12.
2. Reference Re Secession of Quebec, Supreme Court of Canada, 2 S.C.R 217, 37;
Intl Leg. Mat. 1342 (1998).
3. ICJ News, Press Releases,Thailand- Return Country To Democracy And The
Rule Of Law.
4. International Law of the Unilateral Declaration of Independence In Respect Of
Kosovo (ICJ Advisory Opinion on 22 July, 2010.

STATUTES
1. Bituminous Coal Act, 1937.
2. Mine Safety and Health Act, 1977.
3. Pakistan Penal Code, 1860.
4. The Constitution of the United States of America.
5. The Constitution of India
6. The Constitution of Pakistan.
7. United Kingdom- The Human Rights Act, 1998
8. United Nations Charter, 1945

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TREATIES AND CONVENTION

1. Convention on the Prevention and Punishment of the Crime of Genocide, 1948.
2. Declaration on the Granting of Independence to Colonial Countries and People,
Resolution 1514 (XV), 1960.
3. Hague Conventions and the Annexed Regulations, Geneva Academy of
International Humanitarian Law and Human Rights, Rule of Law in Armed
Conflicts,1907.
4. International Covenant on Civil and Political Rights, 1966
5. International Covenant on Economic, Social and Cultural Rights, 2200A (XXI),
1966
6. Stockholm Convention on Persistent Organic Pollutants, Stockholm, Sweden,
2001.
7. The Agreement for the Right of Self-Determination and to establish a Democratic
set up in BoLR, Romia, September 6, 2015.
8. The United Nations Framework Convention on Climates Change, Earth Summit,
Rio de Janeiro, 1992.
9. The United Nations Universal Declaration of Human Rights, 1948.
10. Vienna Convention on Consular Relations, 1963.

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LIST OF ABBREVIATIONS

1. & - And
2. - Paragraph
3. A.I.R.- All India Report
4. A.L.R.- Azad Lola & Ramola
5. A.R.S.D.B.- Agreement for the Right of Self-Determination and to establish a
Democratic set up in BoLR
6. Anr.- Another
7. Art.- Article
8. BoLR- Boremon occupied Lola and Ramola
9. C.L.C.- Civil Law Cases
10. Crl.- Criminal
11. D.P.A.- Department of Political Affairs
12. D.P.K.O.- Department of Peacekeeping Operations
13. D.T.C.- Delhi Transport Corporation
14. Ed.- Edition
15. G.B.U.M.- Gilly Buket United Movement
16. Honble- Honorable
17. I.C.C.P.R.- International Covenant on Civil and Political Rights
18. I.C.E.S.C.R.- International Covenant on Economic, Social and Cultural Rights
19. I.C.J.- International Court Of Justice
20. Ibid- Ibidium
21. Inc.- Inclusive
22. J.- Judge
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23. L&R- Lola and Ramola

24. N.- Note
25. N.G.O.- Non Government Organization
26. No.- Number
27. O.H.C.H.R.- Office of the High Commissioner for Human Rights
28. P.L.D.- Pakistan Legal Decisions
29. P.O.P.- Persistent Organic Pollution
30. Pg.- Page
31. Pln.- Planning
32. S.C.- Supreme Court
33. S.C.R.- Supreme Court Reporter
34. S.M.C.- Suo Moto Case
35. Sec.- Section
36. Supp.- Supplementary Volume
37. Supra- Superimposed
38. U.D.H.R.- Universal Declaration of Human Rights
39. U.K.- United Kingdom
40. U.N.- United Nations
41. U.N.D.F.- United Nations Democracy Fund
42. U.N.D.P.- United Nations Development Programme
43. U.N.F.C.C.C.- United Nations Framework Convention on Climates Change
44. U.N.M.O.G.S.B.- United Nations Military Observer Group in Soremon and Boremon
45. U.S.- United States
46. W.A.P.D.A.- Water And Power Development Authority (Pakistan)
47. W.H.R.O.- World Human Rights Observatory.

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STATEMENT OF JURISDICTION

It is humbly submitted that the applicant has invoked the jurisdiction of The Honble
International Court of Justice under Article 40(1) of the Statute of the Court.

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STATEMENT OF FACTS

I.

The Republic of Soremon is a multi-ethnic, federal constitutional country that got its
independence from United Kingdom of Kritain after 200 years of colonial rule on 15 th
August, 1947. The Dominion of Boremon, largely consisting of Bismil Population
was created from Boremon on 14th August, 1947. As a part of compensation
agreement, a sum of Rs. 75 crores was set aside for the newly formed Boremon to be
paid by Soremon Government. The first installment of Rs. 20 crores had been paid but
then, the Borenian army invaded The Lola- Ramola. The King Tintumon signed the
Instrument of Accession to Soremon.

II.

Thereafter, Soremon took the matter to the United Nations. The UN decided to hold
plebiscite and deploy UNMOGSB to supervise, investigate complaints of violations
and submit findings to each party and to the U.N. Secretary-General of the ceasefire.
Boremon failed to withdraw its troops from L&R. BoLR (Azad Lola & Ramola and
Gilly Buket, also popularly referred to as the 'Northern Areas') has been under the
illegitimate control of Boremon since October 22, 1947, when Tribal Lashkars
supported by Boremon invaded soon afterwards the ruler of the state acceded to
Soremon. After accession, the Soremons part of L&R followed the democratic path
as per Article 370 of the Soremonian constitution while the area under Boremons
occupation was bifurcated into two - 'Azad Lola and Ramola' (ALR) and the
'Northern Areas', which consisted of Gilly Buket.

III.

Because of its location, BoLR is of immense strategic importance. It shares borders

with several countries Boremon, the Bagga Corridor of Sufighanistan and Takistan to
the west and the Chang province of the Dragonland to the north. If BoLR were free
from illegitimte control of Boremon, the geopolitics of the Soremon would have been
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very different because BoLR is a gateway to Central Prasian republics and to their
expanding markets. Also, access to Sufighanistan via the Bagga Corridor bordering
BoLR would have given the allied forces a viable option for transporting supplies for
RATO forces. Growing Dragonlands investment in the area further underscores the
strategic value of BoLR.
IV.

The ALR government established in BoLR, on October 24, 1947, worked like a war
council. The system of Adult Franchise through the ALR Act, 1970 and ALR Interim
Constitution Act, 1974 were adopted, which has undergone about 11 amendments
without representations made by any representative body of the people. Ruled directly
by a joint secretary in the Ministry LANA, growing discontent has led groups to
demand freedom from Boremon. In March 1993, ALR High Court in its verdict took
serious note of denial of fundamental rights in the 'Northern Areas'.

V.

Boremon plays the sectarian card to fulfil its sinister designs in BoLR which was
well-documented in an ICG, an NGOs report. The NLI deployed in the Targil war by
Boremon is now increasingly staffed by non-locals, as the local Shias are not trusted
anymore. Sectarian elements patronized by the state have unleashed a reign of terror
in the region which claimed 700 lives. They looted and burnt villages and livestock.
The International Media published reports revealing that the Boremon has been
draining BoLR of its resources over decades and it is ironic that no benefits from
these projects accrue to the local people for example, Dimer- Bhadashah Dam.

VI.

BoLR was plagued by earthquake of 2005 and floods in 2014. On September, 7, 2014
Boremon Prime Minister Mr. Fawad Khan visited the flood affected areas of BoLR.
He was greeted with slogans of "Go Fawad Go," reflecting clearly the frustration of
the people. Vast aid that came by from international donors is routed to militant
organizations like the Jamaat-ul-Hawa. The Boremon also has ceded vast territories of

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the region to Dragonland and BISI that operates throughout BoLR, upon mere
suspicion, detains the individuals use immense torturous methods to curb voices of
protests.
VII.

Mr. Kamaal Khan, the President of GBUM, called for a mass gathering to address
some important issues bothering BoLR. He was arrested under Presidential order.
Large crowd gathered before the residence of Mr. Kamaal Khan to protest in which
nearly 45 citizens were killed innocently by Army. Mr. Fawad Khan also issued
Statements like Boremon is also a Nuclear Country like Soremon and if needed we
shall not hesitate to show our power.

VIII.

By virtue of the UN Secretariats mediation, both the countries concluded The

ARSDB in September, 2015 to which Boremon agreed that it shall release Mr.
Kamaal Khan and provided opportunity to the people of BoLR to establish a
Government. In the month of October, 2015 a fresh elections were held in BoLR.
However, just before the elections, Mr.Kamaal Khan disappeared from the country
and Mr. Zakeer Sakia, the President of the Boremon won the elections. On November,
2015, the dead-body of Mr. Kamaal Khan was found in Sufighanistan. This troubled
Mr. MANO Shah and he took this as a blatant violation of ARSBD and ordered the
Soremian military to be deployed in BoLR.

IX.

The Secretariat of the UN once again intervened and negotiations were held between
the Soremon, Boremon and some representatives of BoLR region who represented the
party of Late Mr. Kamaal Khan which did not result into any agreement. Soremon
decided to bring the matter to the International Court of Justice and filed an
Application on December, 15th 2015.

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ARGUMENTS RAISED

1. Whether the State of Boremon has violated human rights by indulging itself in the illegal
activities especially in the BoLR region?
1.1. The State of Boremon has violated several human rights by indulging itself in the
killings of many innocents especially in the BoLR region.
1.2. The State of Boremon has deprived the people of BoLR, especially in the ALR
region, their right to live quality life with peace and have again and again destroyed
their means of sustenance.
1.3. The State of Boremon has deprived the people of BoLR, especially in the ALR
region, their right to healthy environment.
1.4. Claims of sectarian discrimination in Azad Lola and Ramola have been made against
Boremon. The country is also accused of systemic suppression of free speech and
demonstrations against the government.
2. Whether the State of Boremon has violated International treaties that call for stringent
actions on part of ICJ?
2.1. The State of Boremon has repeatedly violated a series of international conventions of
high value and dignity while defending its stance in BoLR .
2.2. The State of Boremon has violated the international treaty which was signed on 16th
September, 2015 at Romia.
2.3. The State of Boremon has violated its treaty obligations to Lola and Ramola under
Article 2 (4) of the United Nations Charter.
2.4. Human rights are essential part of Customary International Law as well as
International Humanitarian Law. Breach of these law calls for stringent actions on
part of ICJ.
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3. Whether the State of Boremon has declined to its people who are living in BoLR the basic
minimal right of Self-determination?
3.1. Boremon did not withdraw its troops from Lola & Ramola after the U.N. resolution
of 13 August 1948 and occupied its land consisting of the Azad Lola & Ramola and
Gilly Buket also referred to as the 'Northern Areas' or BoLR.
3.2. The people of Lola & Ramola are abstained from their right to self-determination
since the state got independence from the Kritish rule.
4. Whether the State of Boremon has declined to its people who are living in BoLR
including Azzad and Gilly Buket region their right to democracy?
4.1. One of the conditions of the partition of Soremon imposed by Great Kritain was that
the rulers of princely states would have the right to opt for either Soremon or
Boremon or remain independent.
4.2. The ARSDB realizes the notion of democracy and states that restoration and
protection of democracy and public order is vital to nations overall development.
4.3. Boremon's unilateral proclamation of governance over ALR and Gilly Buket since
October 22, 1947 violates the foundations of international law.

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SUMMARY OF ARGUMENTS

1. Whether the State of Boremon has violated human rights by indulging itself in the
illegal activities especially in the BoLR region?
It is most humbly put forth that Boremon has violated several human rights of the people
of 'Azad Lola & Ramola (ALR)' and Gilly Buket. Adopted by the General Assembly on
December 10, 1948, the Universal Declaration of Human Rights (UDHR) is one of the
first major achievements of the United Nations. Human rights are much more than wellmeaning aspirations set to legal language. They are an essential part of United Nations
Charter, Universal Declaration of Human Rights and various Customary International
Law as well as International Humanitarian Law.

2. Whether the State of Boremon has violated International treaties that call for stringent
actions on part of ICJ?
It is most humbly submitted by the Applicant that the State of Boremon has violated
several International treaties and human rights. This calls for stringent actions on part of
ICJ. In 1966, the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights were adopted by the
United Nations, between them making the rights contained in the UDHR binding on all
States that have signed this treaty, creating human-rights law

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3. Whether the State of Boremon has declined to its people who are living in BoLR the
basic minimal right of Self-determination?
In the present case it is the humble submission of the Applicant that the State of Boremon
has failed to realize through concrete efforts, the right of self-determination particularly to
the people living in the BoLR region. The right to self-determination is also an essential
part of numerous international conventions. These documents focused on selfdetermination as one of the fundamental human rights, thus making it a jus cogens norm.

4. Whether the State of Boremon has declined to its people who are living in BoLR
including Azzad and Gilly Buket region their right to democracy?
In the present case the Applicants have most humbly submitted that the State of Boremon
has declined to its people who are living in BoLR including Azzad and Gilly Buket
region their right to democracy. The United Nations Charter reflect the fundamental
principle of democracy, that the will of the people is the source of legitimacy of sovereign
States and therefore of the United Nations as a whole. Therefore, realizing that restoration
and protection of democracy and public order is vital to nations overall development the
people of the State should be granted their democratic rights.

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