Statement of Jurisdiction

IN THE INTERNATIONAL COURT OF JUSTICE
THE PEACE PALACE, THE HAGUE

THE NETHERLANDS
FEDERAL STATES OF ALIYA,

Applicant
-- versus
REPUBLIC OF RINCOSSI
Respondent
x-------------------------------------------------------------------------------------------------x
Statement of Jurisdiction
In conformity with Article 40, paragraph 1of the Statute of the International Court of
Justice, the Federal States of Aliya and the Republic of Rincossi have agreed to submit their
differences about Questions relating to Cultural Property and Protection of Elephants to the
International Court of Justice by a joint notification to the Court of their Special Agreement
signed at Libreville, Gabon on June 19, 2015.
On June 25, 2015, the registrar addressed notification to the parties.
1.
Convention on International Trade in Endangered Species of Fauna and Flora , Mar. 3 1973, 993
U.N.T.S. 243 [CITES].
2.
United Nations Convention Against Corruption , art 30, 31, 14 December 2005, 2349 UNTS 41
[hereiafter UNCAC]
Statement of Antecedent Facts
Aliya and Rincossi are coastal nations on two different continents. Aliya is a
developing country and the Thornon elephant plays a significant role in its culture.
Various legislations have been enacted in Aliya to prevent poaching and illegal
trade, in addition to the setting up of a National Park. Rincossi is a rapidly
developing state and its law permits domestic trade of legal ivory, but has a
legislation to protect wildlife and to check trade in illegally obtained ivory.
Aliya is a developing country with a population of approximately

10,000,000 and 40% of the population lives on less than $1.25 per day .Rincossi is a
rapidly developing country with a population of approximately 600,000,000 people.
The GDP of Rincossi is around $4.7 trillion.
In 1990, the Aliyan government enacted legislation declaring, that Thornon

elephants and their parts and derivatives are of historical and scientific importance
to them. In 1977, Aliyan Wildlife Protection Act (Wildlife Act) came into force in
Aliya, which criminalizes CITES violations with the punishment of imprisonment for
maximum ten years and a fine. The Wildlife Act also provides for the confiscation of
illegally traded wildlife specimens and provides that such confiscated specimens
shall be returned to the country of origin, if practicable .Under the Aliyan Ivory
Trade Prohibition Act, enacted in 1980, all ivory trade-both international and
domestic-is illegal in Aliya. The Aliyan Government prosecutes many cases
involving ivory trafficking but due to Aliyas limited financial resources, some cases
have not been prosecuted.
In 1977, the Rincossi government enacted Rincossi Flora and Fauna Trafficking Act
(Trafficking Act), under which the international trade in violation of CITES is
prohibited along with the confiscation of illegally traded specimens. However,
Rincossi law does not prohibit domestic trade of illegal ivory, which includes ivory
that was obtained before 1977 and ivory that was legally obtained. In 2010, the
Rincossi government amended its Trafficking Act by increasing the maximum
penalty for a CITES violation to eight years in prison along with the policy to destroy
confiscated ivory if practicable .Since the 2010 amendments, the Rincossi
government has prosecuted only two cases involving illegal ivory trade under the
Trafficking Act .The large number of Rincossi workers brought by the companies
owned by the Rincossi government in Aliya helped to stimulate the market for
illegal ivory in both Aliya and Rincossi, and Rincossi has become the primary
destination for illegal ivory from Aliya.
In July 2014, Ambassador Pam C. Cusi from Rincossi travelled to Thorno on a

diplomatic mission and was involved in transporting 25 kg of illegal Thornon ivory
1.
2.
[hereiafter UNCAC]
from Aliya to Rincossi. Rincossi confiscated the same and informed Aliya, pursuant to
which the two countries agreed to conduct a joint investigation. It was later discovered
that Cusis act was part of a 20-member operation of BU, who had been trafficking
illegal ivory from Thornon elephants from Aliya to Rincossi for three years. BU is a
private group engaged in international transport. About 1500 kg of ivory was
confiscated from their transport containers, but no members were arrested.
Aliya requested for prosecution of Ambassador Cusi and the 20 BU members, as

well as return of the Thornon ivory confiscated from all of them, as under various
treaties and CIL. Rincossi denied and declined, stating that it is truly a domestic
matter and decide by their discretion that prosecution of Ambassador Cusi will not be
executed, specially provided that she has diplomatic immunity.
Failure to adjudicate the negotiations, both parties decided to submit the matter
before the International Court of Justice under a Special Agreement. In this respect,
Rincossi agreed to set aside the destruction of ivory until the matter was determined
by the ICJ.
1.
2.
[hereiafter UNCAC]
Question Presented
1.) Whether or Not Republic of Rincossi has breached its international obligations by
failing to prosecute Ambassador Cusi and the 20 members of the Barnum Uritovsky for
illegal trafficking of Thornon Elephant Ivory
2.) Whether or Not ,Rincossi is in violation of international law by destroying the

confiscated Ivory rather than returning the same to the Republic of Aliya
1.
2.
[hereiafter UNCAC]
ARGUMENTS/ GROUNDS IN SUPPORT OF THE POSITION
I
Republic of Rincossi has breached its international obligations by failing to prosecute
Ambassador Cusi and the 20 members of the Barnum Uritovsky for illegal trafficking
of Thornon Elephant Ivory.
Rincossi has an obligation to prosecute all the perpetrators under the CITES1 that
aims to eliminate exploitative trade practices threatening at risk species 2 .. Failure to do
so, breach of its obligation ensued. In the case thereof , Rincossis conduct for non-
pursuance of arrest against Ambassador Cusi and BU 20 contravened the mandate of
UNCAC3 and UNTOC4.
.
1.1 Rincossis Obligation Under CITES
Rincossi, being a signatory , is required to penalize those who partake in the

illegal trade or possession of endangered species or their derivatives in contravention of
the CITES .
The Republic of Rincossi has violated the international law by deciding not to
prosecute Ambassador Cusi and 20 BU members for the illegal smuggling of Aliyan
Ivory under signatory International Law. The discretion of Rincossi constitutes a breach
of obligation under various treaties and customary International Law.In the present
matter, the Thornon Elephants have witnesses a decline of nearly half their population
in the past decade and are of immense cultural and ecological significance to Aliya.
Thus, this Court should declare that Rincossi has inconsistently fulfilled their
international obligations.
. Under the book 1 of the Revised Penal Code states that Criminal Law is
territorial in character because it undertakes to punish crimes committed within the
Philippine Territory. Penal Laws of the Philippines are enforceable only within its
territory. In the case thereof, based on the facts presented, the perpetration of the crime
by Ambassador Cusi and 20 members of the Barnum Uritovsky was committed within
the territory of Rincossi thus, the prosecution of the crime shall be enforce
1.
2.
[hereiafter UNCAC]
1.2 Rincossis conduct contravened Article 30 (3) of UNCAC and Article 11(2) of UNTOC
UNCAC and UNTOC mandates contracting states to exercise its discretionary legal
powers under its domestic law for maximizing the effectiveness of law enforcement
measures in re
II
Rincossi is in violation of international law by destroying the confiscated Ivory

rather than returning the same to the Republic of Aliya
Rincossi has denied the request of Aliya to return the confiscated Ivory invoking their
internal law as a defense , preferring destruction over returning the Ivory. This refusal
constitutes a violation of its treaty obligations and the customary law.
1.
2.
[hereiafter UNCAC]
1.
2.
[hereiafter UNCAC]

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IN THE INTERNATIONAL COURT OF JUSTICE

THE PEACE PALACE, THE HAGUE

FEDERAL STATES OF ALIYA,

On June 25, 2015, the registrar addressed notification to the parties.

Aliya is a developing country with a population of approximately

In 1990, the Aliyan government enacted legislation declaring, that Thornon

In July 2014, Ambassador Pam C. Cusi from Rincossi travelled to Thorno on a

Aliya requested for prosecution of Ambassador Cusi and the 20 BU members, as

2.) Whether or Not ,Rincossi is in violation of international law by destroying the

Rincossi, being a signatory , is required to penalize those who partake in the

Rincossi is in violation of international law by destroying the confiscated Ivory

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