A_11

THE 2021 INTERNATIONAL MOOT POOL SELECTION

IN THE INTERNATIONAL COURT OF JUSTICE

AT THE PEACE PALACE,
THE HAGUE, THE NETHERLANDS

THE CASE CONCERNING THE APREPLUYA AND RANOVSTAYO

THE FEDERAL REPUBLIC OF APREPLUYA

APPLICANT
v.
THE FEDERAL REPUBLIC OF RANOVSTAYO
RESPONDENT

MEMORIAL SUBMITTED ON BEHALF OF THE APPLICANT

I
 Table of Contents

INDEX OF AUTHORITIES 2

STATEMENT OF JURISDICTION 4

QUESTIONS PRESENTED 5

STATEMENT OF FACTS 6

SUMMARY OF PLEADINGS 81

PLEADINGS 10

ISSUE 1:Whether Ranovstayo is internationally responsible for Politiki’s theft and

distribution of the personal data of Aprepluyan citizens? 10

ISSUE 2: whether Ranovstayo is internationally responsible for interfering with the

2020 Presidential Elections in Aprepluya 12

ISSUE 3: Whether Ranovstayo violated international law by creating an illegal

situation in Rasasan territory through the threat or use of force? 19

ISSUE 4. Whether Aprepluya did not violate human rights by banning access to

social media platforms or by shutting down communications services and the internet

21

PRAYER FOR RELIEF 23

2
 INDEX OF AUTHORITIES

Treaties And Convention

International Covenant On Civil And Political Rights'..............................................9,10-16,21

'Universal Declaration Of Human Rights..................................................................9,10,11,21
International Covenant On Economic, Social And Cultural Rights'.........................12,12,21,22

UN Resolution and Records

United Nations General Assembly's resolution 68/167(2013)...............................................11

Human Right Committee (General Comment No. 25, para. 19)...............................................5

Article
General Comment 34 on Article 19 of the ICCPR (Ohchr.org, 2021)....................................21
Human Right Committee (General Comment No. 25, para. 19)...............................................5

3
 STATEMENT OF JURISDICTION

The Federal Republic of Aprepluya["Aprepluya"] and the Federal Republic of Ranovstayo

["Ranovstayo"] have consented to submit this dispute to the International Court of
Justice["ICJ"] in accordance with Article 36(1) read with Article 40(1) of the Statute of the
ICJ. Aprepluya invoked the jurisdiction of this court by way of Declarations deposited with
the Secretary-General of the United Nations under Article 36(2) of the Statute of the
International Court of Justice by filling an application on 30 January 2021.Ranovstayo has
consented to the jurisdiction of the Court and filed Counter claims in accordance with Article
80 of the Rules of the Court on !0 February 2021.Accordingly, Aprepluya and Ranovstaya
transmitted the Statement of Agreed Facts [“Facts”] to the Court on 13 July 2021.

4
 QUESTIONS PRESENTED

The State of Aprepluya respectfully requests the Court to adjudge:

I.

Whether Ranovstayo is internationally responsible for Politiki’s theft and distribution of the
personal data of Aprepluyan citizens

II.
Whether Ranovstayo is internationally responsible for interfering with the 2020 Presidential
Elections in Aprepluya

III.
Whether Ranovstayo violated international law by creating an illegal situation in Rasasan
territory through the threat or use of force

IV
Whether Aprepluya did not violate human rights by banning access to social media platforms
or by shutting down communications services and the internet.

5
 STATEMENT OF FACTS

Background
Aprepluya is a Mantyan subcontinent constitutional federal republic led by Erken Kalkan of
the Aprepluyan Democratic Party. Vormund contested against Erken Kalkan, who had tight
relations with Ranovstaya. In the state of Rasasa, a territorial sub-unit of Aprepluya, Rasasan
form the the majority. Hanabar Haraka heads the Federation of Ranovstayo (Ranovstayo),
which is a constitutional democracy. It shares a boundary with Rasasa.

Pre- Independent State of Aprepluya and Ranovstayo

The Mantyan subcontinent's Aprepluya and Ranovstayo were both ruled by the same colonial
authority, Great Adawa, until the 1940s. Before Adawa colonised the subcontinent, it was
host to several peaceful kingdoms. Adawan colonial authority partitioned Mantyan land
under their control into two autonomous states: Aprepluya and Ranovstayo, as part of the
decolonization process.

UNSC Intervention
Rasasan independence was supported by Ranovstayans. When government-led negotiations
with the local Aprepluya leaders failed in 1949, the Ranovstayan tribesmen attacked them.
The United Nations Security Council ordered a cease-fire and demanded that the
Ranovstayan administration evacuate its tribesmen from Rasasa. Aprepluya was also asked to
hold a "free and impartial referendum on Rasasa" as soon as possible, according to the
Council which could not be held. The UN Security Council advocated demilitarization and an
end to human rights violations in the region in 1994.

Personal Data Breach

A significant data breach at Facebook hit Aprepluyan citizens in December 2019, affecting
millions of Aprepluyans. Politiki, a Ranovstayan-based political consulting firm, had been
micro-targeting voters on social media and drafting Vormund's campaign speeches using the
personal data of 90 million users from around the world. Elise Segura, a senior adviser to
President Haraka, was on the Politiki management board.

Presidential Election and Role of Ranovstayo in Establishing

6
President Kalkan delivered a national address in which he stated that the President's Haraka
government had been working constantly to influence the 2020 presidential elections through
numerous means, including social media. The Internet User Collective (IUC), a Ranovstayan
organization posing as an Aprepluyan organization, developed a false news publication called
'Demopolis Data,' according to the Aprepluyan Intelligence Agency's report. Demopolis
Data's content was subsequently bolstered by the creation of Facebook pages, Twitter
profiles, and Instagram profiles.
Later the Ranovstayan Army breached the Aprepluya border into Rasasan territory.
The Aprepluyan armed forces retreated from Rasasan land after a three-day struggle between
Ranovstayan and RLF armed forces on the one side, and the Aprepluyan armed forces on the
other. In a press conference, President Haraka stated that the Ranovstayan government acted
to alleviate humanitarian suffering in Rasasa and assist the Rasasan people in realizing their
right to self-determination, after the UN Security Council failed to do so. Rasasa's
independence was unilaterally announced by members of the Rasasan Regional Legislature
under the name of the Republic of Rasasa. Rasasa's independence was unilaterally announced
by members of the Rasasan Regional Legislature under the name of the Republic of Rasasa.

Shut Down of Communication Channels.

The Aprepluyan administration issued an order to internet service providers on July 15,
2020, instructing them to prohibit all subscribers' access to all social media platforms from
August 1 to November 2, 2020. (The day after election day). The Aprepluyan Army used
lethal force to disperse the protests, killing 50 Rasasans and further inflaming tensions in
the region. On the grounds that it was necessary to combat the dissemination of false
information and "mob violence," the Aprepluyan federal administration had totally
restricted internet access and terminated telecommunication services (including landline
and mobile services) in Rasasa by July 23, 2020.

7
 SUMMARY OF PLEADINGS

I.

The appellant contends that the state of Ranovstayo is internationally responsible for
Politiki's theft and distribution of the personal data of Aprepluyan citizens because The act of
collecting, storing, distributing, and using personal data is a direct transgression of Article 17
of International Covenant on Civil and Political Rights. Further the Universal declaration of
human rights reinstates the same principles about data privacy encroachment under Article
12. As a result, Ranovstaya should be held accountable for the theft and distribution of
Aprepluyans and other citizen's across the globe.

II

The State of Ranovstayo is internationally responsible for inference with the 2020
presidential Elections in Aprepluya because :(1) Freedom of expression is guaranteed by both
the International Covenant for Civil and Political Rights (Article 19) and universal
Declaration of Human Right professes under (Article 19) .Additionally the treaties and
customary law guarantee the right of all citizens to participate in public affairs, to vote in
elections and to stand for election under International Covenant for Civil and Political Rights
(Article 25) and universal Declaration of Human Right (Article 21) and lastly the human
right to self-determination which again is protected by International Covenant for Civil and
Political Rights (Article 1); International Covenant on Economic, Social and Cultural Rights
(Article 1); UN Charter (Article 1 and 55)

III

The Ranovstayo violated international law by creating an illegal situation in Rasasan

territory through the threat or use of force as the endeavors of Ranovstayo infringes Article 1
of the UN charter. The Ranovstayon Army was actively involved with the separatist group of
RLF for the illegal possession of Rasasan territory making Ranovstayo directly responsible
for the illegal situation of the Rasasan territorial land which still belongs by and large to
Aprepluya.
IV

8
Aprepluya did not violate human rights by banning access to social media platforms or by
shutting down communications services and the internet because: It did not encroach or go
against the Freedom of speech and expression enshrined under Article 19(3) of the
International Covenant on Civil and Political Rights, subsequently it is not an absolute right.
The entire shutdown was carried out in the public interest, and it is well known that public
interest should always take precedence over individual interests, particularly those of a
specific group of people. In addition, the three-part test required by the international regime
had been conducted.

9
 PLEADINGS

ISSUE 1:Whether Ranovstayo is internationally responsible for Politiki’s

theft
and distribution of the personal data of Aprepluyan citizens?

A. The appellant contends that the state of Ranovstayo is internationally responsible for
Politiki's theft and distribution of the personal data of Aprepluyan citizens because (1) The
act of collecting, storing, distributing, and using personal data is a direct transgression of
Article 17 3of International Covenant on Civil and Political Rights.

(2) Universal declaration of human rights reinstates the same principles about data privacy
encroachment under Article 124.

(1) The act of collecting, storing, distributing, and using personal data is a direct
transgression of Article 17 5of International Covenant on Civil and Political Rights.

According to Article 17 6of International Covenant on Civil and Political Rights:

 1. No one shall be subjected to arbitrary or unlawful interference with his privacy,

family, home or correspondence, nor to unlawful attacks on his honour and
reputation.

 2. Everyone has the right to the protection of the law against such interference or
attacks7.

3
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021.
4
United Nations, 'Universal Declaration Of Human Rights | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/universal-declaration-of-human-rights> accessed 11 August 2021.
5
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021.
6
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021.

7
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021

1
In general, privacy is the genus and data protection is the species8. Soft Logic, a Ranovstayan
independent research institute, collaborated with Politiki, a Ranovstayan political consultancy
firm with an office in Aprepluya, to create a deceptive and exploitative personality test
application in which users consented to collect their Facebook profiles, locations, what they
liked on their services, and the data of their Facebook friends. Soft logic had acquired 90
million consumers' sensitive data via this method around the world, of which 10 million
belonged to Aprepluya.9 The data was subsequently given with Politiki by the institute. Elise
Segura, one of Haraka's Senior Advisers, was later revealed to be on the Politiki board of
directors. It was also discovered that the opposition leader Vormund, who was said to have
close relations to Ranovstaya, had contracted Politiki's services.10

Ranovstayo could be directly implicated in the violation of several users' personal data,
which is both ethically and legally incorrect. The perpetrators had openly disregarded Article
1711and Article 1212. It would be a disservice to the millions upon millions of people whose
data was not explicitly obtained for the purpose of attaining various politically motivated
goals. As a result, Ranovstaya should be held accountable for the theft and distribution of
Aprepluyan’s and other people's personal data all across the world.

(2) Universal declaration of human rights reinstates the same principles about data privacy
encroachment under Article 1213.

Article 1214 of the Universal Declaration of Human Rights establishes the same principle of
arbitrary interference with a person's privacy. A right to legal protection against such
intrusion has also been claimed. The exact text of the article is as follows:

8
'Protecting The Human Right To Freedom Of Expression In International Law' (Taylor & Francis, 2021)
<https://www.tandfonline.com/doi/full/10.1080/17549507.2018.1392612> accessed 11 August 2021.
9
COMPROMIS
10
COMPROMIS
11
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021
12
United Nations, 'Universal Declaration Of Human Rights | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/universal-declaration-of-human-rights> accessed 11 August 2021.
13
United Nations, 'Universal Declaration Of Human Rights | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/universal-declaration-of-human-rights> accessed 11 August 2021.
14
United Nations, 'Universal Declaration Of Human Rights | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/universal-declaration-of-human-rights> accessed 11 August 2021.

1
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks15

It also conflicts with the United Nations General Assembly's resolution 68/167 16on the right
to privacy in the digital age, which was adopted without a vote in December 2013. In a
resolution co-sponsored by 57 Member States, the Assembly stressed that people's rights
must be protected online just as they are offline, and urged all countries to respect and
preserve the right to privacy in digital communication.17
States were also urged to review their procedures, practises, and legislation related to
communications surveillance and interception, as well as the collection of personal data, with
an emphasis on the need for states to ensure that their obligations under international human
rights law are fully and effectively implemented. To put it another way, the right to privacy is
universally recognised as being of fundamental value and lasting relevance, and as such, it
must be preserved in both law and practise.

ISSUE 2: whether Ranovstayo is internationally responsible for interfering with

the 2020 Presidential Elections in Aprepluya?

The State of Ranovstayo is internationally responsible for inference with the 2020
presidential Elections in Aprepluya because :(1) Freedom of expression is guaranteed by both
the International Covenant for Civil and Political Rights (Article 19) 18and universal
Declaration of Human Right professes under (Article 19) 19

15
United Nations, 'Universal Declaration Of Human Rights | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/universal-declaration-of-human-rights> accessed 11 August 2021.
16
United Nations General Assembly's resolution 68/167(2013)
17
United Nations General Assembly's resolution 68/167(2013)
18
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021
19

1
(2) treaties and customary law guarantee the right of all citizens to participate in public
affairs, to vote in elections and to stand for election under International Covenant for Civil
and Political Rights (Article 2520) and universal Declaration of Human Right (Article 21)21

(3) human right to self-determination which again is protected by International Covenant for
Civil and Political Rights (Article 122); International Covenant on Economic, Social and
Cultural Rights (Article 1)23; UN Charter (Article 1 and 55)24

1) Freedom of expression is guaranteed by both the International Covenant for Civil and
Political Rights (Article 1925) and universal Declaration of Human Right professes26 under
(Article 19) 27
freedom of expression is enshrined in such instruments as the International Covenant for
Civil and Political Rights (art. 1928) and universal Declaration of Human Right professes
under article (19).29As described in article19(2) 30of the International Covenant for Civil and

20
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021
21
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
22
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021
23
'OHCHR | International Covenant On Economic, Social And Cultural Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx> accessed 10 August 2021.
24
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
25
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021
26
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
27
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
28
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021
29
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
30
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021

1
Political Rights, it encompasses the 'Freedom to seek, receive and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of
art, or through any other media of his choice.”
States that interfere with elections abroad implicate the freedom of expression when they, for
instance, interfere with candidates’ online campaigns (impart) or alter or erase online information
about candidates that voters wish to access (seek). As to states countering foreign online election
interference, any activity that impedes online expression, such as requiring internet service
providers or social media companies to filter, delete, or label data posted or transmitted by the
interfering state, must itself be justifiable pursuant to the human rights. 31it was brought out by an
Intelligence community that the presidential head of Ranovstayo, Mr. Haraka's government was
relentlessly attempting to influence the presidential election process of Aprepluya, in several
different ways. 32
The Aprepluyan Intelligence Agency's report further highlighted that Internet User Collective
(IUC), a Ranovstaya organisation that posed as an Aprepluyan organisation, created a fake news
publication called ‘Demopolis Data’.33 The publication was staffed with fake journalists and
editors, using AI-generated photos and fake identities. Facebook accounts and pages, Twitter
profiles, and Instagram profiles were then created to bolster content created by Demopolis Data.
This content sought to portray Aprepluya as a war-mongering and law-breaking country.. The
likely financier of IUC is a close ally of Yonis Puqara, the Minister of Foreign Affairs of
Ranovstayo. The IUC also has links to Politiki.34 Thus making it abundantly clear that
Ranovstayan Government ordered these cyber operations to influence the Aprepluyan Elections.

It is further mentioned in the article(19) of the Universal Declaration Human Right35:Everyone

has the right to freedom of opinion and expression; this right includes freedom to hold
opinions without interference and to seek, receive and impart information and ideas through
any media and regardless of frontiers.36

31
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021
32
COMPROMIS
33
COMPROMIS
34
COMPROMIS
35
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
36
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.

1
The state of Ranovstayo has grossly violated the spirit of the article enshrined in the
aforementioned statute. The findings of Aprepluyan Intelligence Agency were further
corroborated by an ad hoc independent inquiry undertaken by a coalition of 40 UN Member
States (including Aprepluya), in collaboration with technical experts from Microsoft’s
CyberPeace Institute. 37The inquiry report traced IUC’s operations to cyber affiliates of the
Ranovstayan government. The report was endorsed by all 40 States of the coalition. 38

(2) Treaties and customary law guarantee the right of all citizens to participate in public
affairs, to vote in elections and to stand for election under International Covenant for Civil
and Political Rights (Article 25)39 and universal Declaration of Human Right (Article 21)40

The International Covenant for Civil and Political Rights mentions under Article 2541:

Every citizen shall have the right and the opportunity, without any of the distinctions
mentioned in article 2 and without unreasonable restrictions:

 (a) To take part in the conduct of public affairs, directly or through freely chosen
representatives;

 (b) To vote and to be elected at genuine periodic elections which shall be by universal
and equal suffrage and shall be held by secret ballot, guaranteeing the free expression
of the will of the electors;

 (c) To have access, on general terms of equality, to public service in his country. 42

Further universal Declaration of Human Right, art. 2143 mentions:

37
COMPROMIS
38
COMPROMIS
39
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021
40
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
41
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021
42
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021
43
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.

1
  Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives.
 Everyone has the right of equal access to public service in his country.
 The will of the people shall be the basis of the authority of government; this will shall
be expressed in periodic and genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent free voting procedures.44

While international case law has historically focused on internal interference with these
rights, there is no reason in principle to exclude interference by third states from their scope.
Thus, for example, cyber operations resulting in voter suppression would directly impede
enjoyment of the right to vote. As for influence operations, the Human Rights Committee has
noted (General Comment No. 25, para. 19)45 that voters should be able to form opinions
independently, free of violence or threat of violence, compulsion, inducement or
manipulative interference of any kind. The state of Ranovstaya had by various means tried
coaxing the minds of the voters. State of Ranovstayo should thus be made internationally
responsible for foreign electoral intervention.

(3) Human right to self-determination which again is protected by International Covenant for
Civil and Political Rights (Article 146); International Covenant on Economic, Social and
Cultural Rights (Article 147); UN Charter (Article 1 and 5548).

Article 1 by International Covenant for Civil and Political Rights 49mention

44
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
45
Human Right Committee (General Comment No. 25, para. 19)
46
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021
47
'OHCHR |cInternational Covenant On Economic, Social And Cultural Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx> accessed 10 August 2021.
48
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
49
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021

1
  1. All peoples have the right of self-determination. By virtue of that right they freely
determine their political status and freely pursue their economic, social and cultural
development.

 2. All peoples may, for their own ends, freely dispose of their natural wealth and
resources without prejudice to any obligations arising out of international economic
co-operation, based upon the principle of mutual benefit, and international law. In no
case may a people be deprived of its own means of subsistence.

 3. The States Parties to the present Covenant, including those having responsibility
for the administration of Non-Self-Governing and Trust Territories, shall promote the
realization of the right of self-determination, and shall respect that right, in
conformity with the provisions of the Charter of the United Nations.50

Article 1 of International Covenant on Economic, Social and Cultural Rights reiterate the
same thing51

UN Charter, arts. 152 and 5553

Article 1 of UN Charter54

The Purposes of the United Nations are:

 To maintain international peace and security, and to that end: to take effective
collective measures for the prevention and removal of threats to the peace, and for the
suppression of acts of aggression or other breaches of the peace, and to bring about by
peaceful means, and in conformity with the principles of justice and international law,

50
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021
5151
'OHCHR | International Covenant On Economic, Social And Cultural Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx> accessed 10 August 2021.
52
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
53
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
54
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.

1
 adjustment or settlement of international disputes or situations which might lead to a
breach of the peace;
 To develop friendly relations among nations based on respect for the principle of
equal rights and self-determination of peoples, and to take other appropriate measures
to strengthen universal peace;
 To achieve international co-operation in solving international problems of an
economic, social, cultural, or humanitarian character, and in promoting and
encouraging respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language, or religion; and
 To be a centre for harmonizing the actions of nations in the attainment of these
common ends.55

Article 55 of UN Charter mentions:56

With a view to the creation of conditions of stability and well-being which are necessary for
peaceful and friendly relations among nations based on respect for the principle of equal rights
and self-determination of peoples, the United Nations shall promote:

 higher standards of living, full employment, and conditions of economic and social
progress and development;
 solutions of international economic, social, health, and related problems; and
international cultural and educational cooperation; and
 universal respect for, and observance of, human rights and fundamental freedoms for
all without distinction as to race, sex, language, or religion.57

It has been suggested that the human right to self-determination 58might be implicated by
foreign election interference. Self-determination includes the right of a people to determine

55
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
56
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
57
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
58
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.

1
their own political arrangements. Those taking the position that the issue of self-
determination surfaces in the context of foreign election interference do so on the basis that
elections represent the sovereign will of a people with respect to the nature of their governing
political system and, therefore, disrupting them interferes with their exercise of self-
determination.59

ISSUE 3: Whether Ranovstayo violated international law by creating an illegal

situation in Rasasan territory through the threat or use of force?

The Ranovstayo violated international law by creating an illegal situation in Rasasan

territory through the threat or use of force because: (1) The endeavors of Ranovstayo
infringes Article 1 of the UN charter60.
(2) Ranovstayon Army was actively involved with the separatist group of RLF for the illegal
possession of Rasasan territory61

1) The endeavors of Ranovstayo infringes Article 1 of the UN charter

The UN charter mentions in Article 1 62:
The Purposes of the United Nations are:
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in
accordance with the following Principles.
The Organization is based on the principle of the sovereign equality of all its Members.
 All Members, in order to ensure to all of them the rights and benefits resulting from
membership, shall fulfill in good faith the obligations assumed by them in
accordance with the present Charter.
 All Members shall settle their international disputes by peaceful means in such a
manner that international peace and security, and justice, are not endangered.

59
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
60
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
61
COMPROMIS
62
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.

1
  All Members shall refrain in their international relations from the threat or use of
force against the territorial integrity or political independence of any state, or in any
other manner inconsistent with the Purposes of the United Nations.
 All Members shall give the United Nations every assistance in any action it takes in
accordance with the present Charter, and shall refrain from giving assistance to any
state against which the United Nations is taking preventive or enforcement action.63

The Ranovstayo government aided the inhabitants of Aprepluya's sub-territorial area in

achieving unlawful independence. The Ranovstayo's action was unjustified and violated the
spirit of the UN charter, to which both sides are signatories. As a result of the threat or use of
force, the state of Ranovstayo is liable for the illegal status in Rasasan territory.

2) Ranovstayo Army was actively involved the separatist group of RLF for the illegal
possession of Rasasan territory.64

The Ranovstaya Army crossed the Aprepluya border into Rasasan territory with the help of
the RLF. After a three-day battle between Ranovstaya and RLF armed forces on one side and
Aprepluyan military forces on the other, the Aprepluyan armed forces fled from Rasasan
land. 65Members of the Rasasan Regional Legislature unilaterally declared Rasasa's
independence under the name of the Republic of Rasasa. Rasasa would also get three years of
military, training, economic, developmental, and political help from the Ranovstayan
government.66

63
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.
64
COMPROMIS
65
COMPROMIS
66
United Nations, 'United Nations Charter (Full Text) | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/un-charter/full-text> accessed 10 August 2021.

2
ISSUE 4. Whether Aprepluya did not violate human rights by banning
access to social media platforms or by shutting down communications
services and the internet
Aprepluya did not violate human rights by banning access to social media platforms or by
shutting down communications services and the internet because: It did not encroach or go
against the Freedom of speech and expression enshrined under Article 19(3) of the
International Covenant on Civil and Political Rights,67 subsequently it is not an absolute right
and also passes the three-part test to assess the restrictions on the right to freedom of
expression.

The right to freedom of expression is arguably one of the most important universally
recognized rights, as seen in the International Covenant on Civil and Political Rights
(ICCPR)68, Universal Declaration of Human Rights (UDHR69), International Convention on
Economic Social and Cultural Rights (ICESCR)70 and others. This right is also protected by
many regional conventions such as the European Convention on Human Rights, the
American Convention on Human Rights and the African Charter on Human and People’s
Rights. It is fundamental to human dignity and key to the protection of all other human
rights. The right to freedom of expression confers a broad protection in international law, and
it applies not only to content, but also to the means of dissemination. General Comment 34
on Article 19 of the ICCPR 71recognizes the internet as a means of expression.
right to freedom of expression is not an absolute right and every country has developed a
mechanism to impose limitations on freedom of expression. The international law regime

67
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021.
68
'OHCHR | International Covenant On Civil And Political Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021.
69
United Nations, 'Universal Declaration Of Human Rights | United Nations' (United Nations, 2021)
<https://www.un.org/en/about-us/universal-declaration-of-human-rights> accessed 11 August 2021.
70
'OHCHR | International Covenant On Economic, Social And Cultural Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx> accessed 10 August 2021.
71
General Comment 34 on Article 19 of the ICCPR (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx> accessed 10 August 2021.

2
provides for a three-part test to assess the restrictions on the right to freedom of expression.
This test has been laid out in Article 19(3) of the ICCPR72:

 The interference must be prescribed by law.

 The interference must be in pursuance of one of the legitimate aims listed in Article
19(3)(b).
 The interference must be necessary in a democratic society.73
The state of Aprepluya was forced to shut down internet service providers in order to deny
access to all social media platforms to all users. Further, the Aprepluyan federal government
stopped internet access and suspended telecommunication services (including landline and
mobile services) in Rasasa, citing the need to prevent the dissemination of false information
and "mob violence." The entire shutdown was carried out in the public interest, and it is well
known that public interest should always take precedence over individual interests,
particularly those of a specific group of people. In addition, the three-part test required by the
international regime had been conducted.

72
'OHCHR | International Covenant On Economic, Social And Cultural Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx> accessed 10 August 2021.
73
'OHCHR | International Covenant On Economic, Social And Cultural Rights' (Ohchr.org, 2021)
<https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx> accessed 10 August 2021.

2
 PRAYER FOR RELIEF

The Federal Republic of Aprepluya respectfully requests this Court to adjudge and declare
that:
I.

Ranovstayo is internationally responsible for Politiki’s theft and distribution of the

personal data of Aprepluyan citizens; and,
II.

Ranovstayo is internationally responsible for interfering with the 2020 Presidential

Elections in Aprepluya; and,
III.

Ranovstayo violated international law by creating an illegal situation in Rasasan

territory through the threat or use of force; and,

IV.

Aprepluya did not violate human rights by banning access to social media platforms
or by shutting down communications services and the internet.

Respectfully submitted,
Agents on behalf of The Federal Republic of Aprepluya