| International Court - Illegality of the Motion to Condemn Izaakia |
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To the Offices of the International Court.
On the 16th of November 2020 the World Forum assembly passed the motion to condemn The Kingdom of Izaakia. There was, however, a clause in this condemnation that we believe to break the laws set out by the charter of the World Forum. Specifically referring to the clause Quote:If the Kingdom of Izaakia does not cooperate with the WF within four weeks after this resolution passed the Assembly, the Speaker shall file a case against its member state for the violation of the self-determination of the peoples in the regions at the International Court. We believe this to be a violation of Article II Section C-1 of the world form charter, which states Quote:The World Forum shall have a court—the International Court—which shall settle national and international disputes that are voluntarily submitted and to help the Forum, should the need for arbitration arise.Therefore since the Kingdom of Izaakia has not and will not voluntarily put this case before the International Court, we believe that the motion to file a case against Izaakia at the International Court in the event of none compliance with the resolution is illegal according to the charter. As such we are requesting the court amend the condemnation to remove this clause. Yours Sincerely, Noor Aqaba Izaakian Empire Ambassador to the World Forum.
We ask as politely as possible towards Izaakia:
STOP. WASTING. OUR TIME. WE BEG YOU. Just release the illegally annexed nations and, as kindly as we can, stop. Madame speaker, we are sorry for the rudeness.
"Maybe embarassing yourself is an Earamian thing..."
-StoicMetoik, 4:02 PM, 17/04/2022
"We urge any members that are not a member of the Committee of the International Law, or any nation that's not classified under the WF as an officer nation to respond. We seek fairness and order, and we ask the delegate of Earemland to maintain quorum for it
Lord Gideon Kwah, Royal Delegate to the World Forum The Peocracy of Huawan
"毎日の小さな努力の積み重ねが歴史を作っていくんだよ。"
Put a little effort everyday and it will stack up and create a foundation for you. - Doraemon
Treasure Island Awards Best Roleplay 2020 Treasure Island Awards Best Roleplayer 2020 Cocos Winner for Best Character Writer 2017 Cocos Winner for Best International Event 2017 Cocos Winner for Best Overall RP 2017 Things to know: Medical Intern and Biomedical Scientist from Indonesia, Muslim, 188 metres tall, loves trains
The Committee for international law has received the Izaakian message. However, as the text does not specify that both parties must voluntarily their complaints to the Court, the current interpretation is that a nation may still be tried in absentia. This interpretation could change with further discussions among fellow CIL members, but it is strongly recommended that Izaakia attend the International Court proceedings so that it may defend itself in a court of law.
The Empire also warns the Eareamian delegate for its behavior against the accused.
Just call me Frost
Roleplayer, Former member of the Pool of Justices King of the Hill
The Delegation for the Kingdom of Izaakia would like further clarification on the basis for this interpretation and does not at present believe this to be close to a reasonable interpretation of the Charter of the World Forum in Article II Section C-1 or WF Resolution 1b Section B-1a .
The request for clarification by the Izaakian delegation has been noted.
The Charter of the World Forum in Article II Section C-1 text deliberately avoids mentioning that both parties must submit their disputes to the International Court, and that, "national and international disputes that are voluntarily submitted and to help the Forum, should the need for arbitration arise." This ambiguity within the text allows politically disenfranchised entities the ability to seek judgement from the International Court in situations where they are unable to have the second party agree to arbitration. Furthermore, Section B-1a of the WF resolution on the Constitution of the International Court also establishes that the World Forum is an eligible entity and may submit a complaint to the International Court. This is due to the unavoidable fact that the World Forum is a party to the disputed Izaakian annexation of 2 Sovereign countries, and the text of Section B-1a includes international organizations as parties to a dispute.
Just call me Frost
Roleplayer, Former member of the Pool of Justices King of the Hill ![[-]](https://tspforums.xyz/images/sidr/blue/collapse.png)
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The Izaakian delegation puts forward the proposition that the WF has no legal right to dispute sovereignty nor has there been any violation of the WF charter, therefore is not a legitimate party to this dispute.
Furthermore, the delegation would like to state that any attempt of the WF to put forward a motion to the international court and press-gang The Kingdom of Izaakia into a court case despite objections by the party involved is a violation of the WF charter, specifically the term voluntary, and therefore compliance with the case or ruling shall be considered voluntary by the Kingdom of Izaakia due to the “ambiguous” nature of international law. The delegation would also like to suggest less ambiguous laws be written, as ambiguity in law means flexible legality depending on the regime of the time, and this system of ambiguity leaves no checks and limits on the Judiciary, paving the way for corruption, cronyism and persecution.
The Ikoanian delegation would like to remind that Izaakia have ratified the WF charter. WF do have the legal right to dispute sovereignty or has there been any violation of the WF charter since WF is eligible to submit a dispute.
As for the text, it does not specify that both parties need to submit their dispute and that the accused can be tried in absentia, Izaakia do have a choice to either dispute WF claims in IC or be tried in absentia. Lastly, the “ambiguous” nature of international law do have purposes as stated by the IFF delegation. Izaakia is unable to produce any point for the argument. The Ikoanian delegation would like to state that we disagree with the accused's statements. Quincy Setianasa, Ikoanian representative to the World Forum.
I DON'T KNOW WHAT TO PUT HERE
The Federal Republic of GI-Land expresses the following:
The Kingdom of Izaakia has become a member of the WF not solely by the WF-vote, but also by ratifying our charter. Based on that, they also accepted the following things: "The purpose of the World Forum shall be to maintain peace, order, and stability in the world. The member states of the World Forum shall take collective action to ensure that all threats to the peace, order, or stability among them are suppressed." - Article I, Section A, No. 1 Out of this paragraph, one may interpret, the WF as an entity has everything in their hands to somehow take action against threats to the peace, order or stability in their member nations. While Brödmark and La Montagne are no independent members, the Kingdom of Izaakia could argue now, that those regions are out of the WF's control, BUT Brödmark and La Montagne de facto went under the WF's jurisdiction as soon as Izaakia has annexed them, even if a majority of us argues against their legal status as territories of Izaakia and thus condemned the honourable member. Because they are under our jurisdiction and because Izaakia has been a potential threat to the peace, order and stablity in the regions, the WF had to step in. Another thing to mention is, that every member of this high house is expected to uphold international law. If you are breaking the Grovne conventions, you are indirectly threatening all other members of this forum, which ultimately means, the WF has to step in. Summarised: The WF has a mandate, and even a duty, to judge its members. This mandate/duty is established in the charter. The WF may involve itself in this issue and represent the annexed peoples of La Montagne and Brödmark, even if they were not members of the World Forum, because the Kingdom of Izaakia itself extended the area of jurisdiction by de facto making these regions part of their kingdom through the means of annexation. Now, you quoted from the charter the general guideline for a future international court, which was - as you might know - not set up right from the beginning of this project. Speaker Christian Strunk has established the court just in his last term and the guidelines from the charter, including the one you quoted, were interpreted in the Resolution to establish the International Court as follows: "1. The International Court shall: a) have the authority to adjudicate disputes and administer justice in accordance to the International Laws as defined in the Grovne Conventions, which are voluntarily submitted by nations, regions in nations, international organisations, or individuals involved in the dispute, henceforth defined as Entities. Entities do not have to be members or observers of the World Forum to submit a dispute to the International Court. (...) d) judge Entities that disturb international peace and security" - Section B, No, 1 Section B, No. 1a, Sentence 1, Variant 3 in combination with Section B, No. 1a, Sentence 2 allows international organisations, such as the WF, to also submit disputes to the International Court. The IC on the other hand shall then adjudicate those disputes and administer justice, and especially judge any entity disturbing international peace and security. Here the "international peace and security" is not even potentially limited to World Forum member nations as the IC also holds the mandate to adjudicate disputes outside the WF. I conclude, the WF, has the right and duty to intervene in this situation, especially since the Kingdom of Izaakia is a member of this organisation and accepted the "terms and conditions"of the World Forum, which are namely the charter and all resolutions laying out, how this forum is working. The IC has the mandate to potentially administer justice towards the Kingdom of Izaakia, and the Assembly - or rather the Speaker of the Assembly, who represents the World Forum - may file a case at the International Court. Honourable ambassador of the Kingdom of Izaakia, my suggestions to you are simple. First of all, if you want to avert an IC-ruling, then just accept the resolution and follow it suit. If needed, try, at least, to put some pressure on your government. The referenda will not hurt you in any way, except of course, you unrightfully annexed the regions and those regions do not want to accept your nation as their new ruler. If however, you do not want to do that, or the referenda fail - from your perspective -, but you won't accept the results and keep the regions annexed, then be prepared for the IC to act on that. Also I advise you to use any "trump cards" you might have against us in front of the court and not here. The Assembly has made a decision with a majority and we won't take back our decision. The only potential players left here are the International Court, where you can and should defend yourself with everything you have, and you yourself. All in all, I advise the Officer to dismiss the objections brought forward by the Kingdom of Izaakia. The International Court itself, if it'll be needed, will decide at the end, whether any objections or defenses of the kingdom are valid and whether our framework is in need of getting more precise. Risa Terry Judge at the International Court for the Federal Republic of GI-Land
Signed
Gianluca IV Roleplayer (active in TSP since 2016) TSPedia-Author Head Bartender of the Lampshade Bar & Grill Information about my roleplay Pacifica GI-Land, Snolland (Hazelbrust), Guardian of the World Forum, IUFA-FWC/WFWC- and Pacivision Supervisor • Aurora Markatt (Maura)
I regard this as a dispute between the WF and one of its members, Izaakia. By passing the resolution to condemn Izaakia, the WF is to be counted as the voluntary party needed. Therefore, the legality of the annexations should be tried in this court.
IC Judge Vimmru Botnienn
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