4 Soremon Memo

6th Justice P.N.
Bhagwati International Moot Court Competition on Human Rights, 2016
ARGUMENTS ADVANCED
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 well-meaning 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.
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.
1.1.1. Several instances of Genocide in Northern Areas of Lola and Ramola has
been witnessed.
I.
Army indulged in open firing in which nearly 45 citizens were killed

innocently just because they participated in the protest1. On a similar stance
during Bangladesh Liberation War2, the deputy leaders of the armed forces
who were found guilty of genocide, rape and religious persecution were
sentenced to death in 2013. The government had also amended the war crimes
law to allow a sentence to be appealed based on leniency of punishment. Also,
the Penal Code of Pakistan has the capital punishment for murder under
1
2
16 Official Compromis.
The Civil War in Pakistan (Shawdhinota Juddho), 1971.
-Memorial
on behalf of the Applicant1
6th Justice P.N. Bhagwati International Moot Court Competition on Human Rights, 2016
Section 3023.
Boremon's
Inter-Services
Intelligence
(BISI) operates
throughout BoLR and engages in the extensive surveillance of proindependence groups and the media. Upon mere suspicion, BISI started
detaining the individuals in the region and indulged in immense torturous
methods to curb voices of protests against Boremon.
II.
There has been sectarian division of orthodox Sunnis and Shias in BoLR.
These sectarian elements from neighboring provinces actively patronized by
the State have unleashed a reign of terror in the region from time to time. They
looted and burnt villages and did not even spare the livestock in their Statesponsored rampage. According to the report of an NGO called ICG entitled,
The State of Sectarianism in Boremon published in April 2005, riots
claimed 700 lives4. The Convention on the Prevention and Punishment of the
Crime of Genocide5 states that persons committing genocide or any of the
other acts enumerated in Article III6 shall be punished, whether they are
constitutionally responsible rulers, public officials or private individuals.
III.
In Bosnia and Herzegovina v. Serbia and Montenegro7 by fourteen votes to

one ICJ decided that Serbia shall immediately take effective steps to ensure
full compliance with its obligation under the Convention on the Prevention
and Punishment of the Crime of Genocide to punish acts of genocide as
defined by Article II of the Convention8, or any of the other acts proscribed by
Article III of the Convention9, and to transfer individuals accused of genocide
Pakistan Penal Code (Act XLV of 1860), Section 302- Punishment of qatl-i-amd.
12, NGO ICG Report, The State of Sectarianism in Boremon, April 2005.
5
General Assembly, Convention on the Prevention and Punishment of the Crime of Genocide, 9 December,
1948.
6
Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article 3- Punishable acts.
7
Bosnia and Herzegovina v. Serbia and Montenegro, (2007) ICJ 2.
8
Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article 2- Inclusive definition
genocide.
9
Supra N. 6.
4
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or any of those other acts for trial by the International Criminal Tribunal for
the former Yugoslavia, and to co-operate fully with that Tribunal. The then
Federal Republic of Yugoslavia was ordered explicitly "to do everything in its
power to prevent the crimes of genocide and to make sure that such crimes are
not committed by military or paramilitary formations operating under its
control or with its support."
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.
I.
Sectarian elements from neighboring provinces actively patronized by the State

have unleashed a reign of terror in the region from time to time. They looted and
burnt villages and did not even spare the livestock in their State-sponsored
rampage10. In Syed Mansoor Ali Shah and 4 Others v. Government of Punjab,
Through Housing, Physical and Environmental Pln.11 the court stated that the
Constitution of Pakistan under the Article 912 protects the life of person. The cases
where life of citizen is degraded, the quality of life is adversely affected and
health hazards are created affecting large number of people, amounts to
deprivation of life, which referred article prohibits. Life, in the 5th and 14th
amendments of the U.S. Constitution13 corresponding to Article 2114 as observed
by Field, J. in Munn v. Illinois15, means something more than mere animal
existence and the inhibition against the deprivation of life extends to all those
10
12 Official Compromis
Syed Mansoor Ali Shah and 4 Others v. Government of Punjab, Through Housing, Physical and
Environmental Pln., P L D (2007) Lahore 403.
12
Constituition of Pakistan, Article 9- Security of Person.
13
Constituition of the United States of America- Amendment XIV.
14
Constituition of India, Article 2- Right to Life and Personal Liberty.
15
Munn v. Illinois, (1876) 94 US 113 at p.142.
11
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limits and faculties by which life is enjoyed Supreme Court in Kharak Singh v.
State of U.P.16 earmarked this very wide field for the operation of Article 21.
II.
The case of Olga Tellis v. Bombay Municipal Corporation17 was brought by

pavement dwellers to resist eviction of their habitat by the Bombay Municipal
Corporation. It was held that the right to livelihood is born out of the right to life,
as no person can live without the means of living, that is, the means of livelihood.
1.3.The State of Boremon has deprived the people of BoLR, especially in the ALR
region, their right to healthy environment.
I.
The International Media published reports which revealed 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. The controversial DimerBhadashah Dam project is one example of this neglect. The dam was supposed to
be built at Dimer in Billy Buket, but the power plant will be situated in
Khyberkhwa. The dam has been opposed by local people on the grounds that it
will inundate vast tracts of arable land and will have an adverse impact on the
local environment18.
Pakistan is party to 2001 Stockholm Convention19, which is a global treaty to
protect human health and environment. Pakistan has signed the 1992 United
Nations Framework Convention on Climates Change20 (UNFCCC). The courts in
Pakistan have also held that the cases where life of citizen is degraded, the quality
16
Kharak Singh v. State of U.P., AIR 1963 SC 1295 17.

Olga Tellis and others v. Bombay Municipal Corporation and others, AIR (1986) SC 180 32-33, Delhi
Transport Corporation D.T.C v. Mazdoor Congress and Others, AIR (1991) SC 101 223.
18
19
Stockholm Convention on Persistent Organic Pollutants, Stockholm, Sweden, 2001.
20
United Nations Framework Convention on Climates Change, Earth Summit, Rio de Janeiro, 1992.
17
-Memorial
of life is adversely affected and health hazards are created affecting large number
of people, amounts to deprivation of life21.
II.
The power plant of Dimer- Bhadashah Dam project was supposed to be situated in
Khyberkhwa. It has been opposed by local people on the grounds that it will
inundate vast tracts of arable land. In Mst. Nasreen Riaz And Another v. Lahore
Development
Authority22
the
victims
were
entitled
to
be
provided
compensation/rehabilitation in accordance with law for uprooting them of their

present places of abode. A proper compensation/rehabilitation will have to be
assessed/worked out by the State for the occupants in accordance with law within
reasonable time. In Shehla Zia v. WAPDA23 the court stated that life is more than
mere animal existence and the inhibition against the deprivation of life extends to
all those limits and faculties by which life is enjoyed under Article 9 of the
constitution of Pakistan. In fact it means right to live a quality life while enjoying
a healthy environment. In at least twelve additional countries lacking an explicit
constitutional right to a healthy environment, supreme or constitutional courts
have held that such a right is implicit in the constitution, and enforceable. These
countries include Bangladesh, Estonia, Guatemala, India, Israel, Italy, Malaysia,
Nigeria, Pakistan, Sri Lanka, Tanzania and Uruguay. In general, courts from these
countries have held that the right to live in a healthy environment is an essential
element of the right to life24.
21
Supra N. 11.
Mst. Nasreen Riaz And Another v. Lahore Development Authority, (1998) CLC 1099.
23
Shehla zia v.WAPDA, PLD (1994) SC.
24
J.P. Eurick, The Constituitional Right to a Healthy Environment:Enforcing Environmental Protection through
State and Federal Constituitions, 11:2 Intl Legal Persp. (2001), 185.
22
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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.
I.
The ALR government enjoys only nominal powers and it functions under strict
control of the Boremon State. ALR remains under the direct rule of the federal
government of Boremon even though it is called 'Azad' or independent. The
continuing subjugation by Boremon over the decades has led to an acute sense of
alienation amongst the people. The growing discontent has led groups to demand
freedom from Boremon control and abolition of the Interim Constitution.
Furthermore, the people of the Gilly Buket did not enjoy the constitutionally
guaranteed fundamental rights that people in the rest of Boremon did 25. Boremon
State plays the sectarian card to fulfill its sinister designs in BoLR. This causes
arbitrariness in the area and a sense of discrimination is felt by the people26. The
guiding principle of the Article 1427 is that all persons and things similarly
circumstanced shall be treated alike both in respect of privileges conferred and
liabilities imposed. Equality before the law means that amongst should be
treated alike. Hence, what it forbids is discrimination between persons who are
substantially in similar circumstances or conditions. Article 14 forbids class
legislation28.
II.
Sectarian elements from neighboring provinces actively patronized by the State

have unleashed a reign of terror in the region from time to time. The rights to free
speech and protest, along with the right to form and join associations or groups,
25
27
Constituition of India, Article 14- Right to Equality.
28
Basheshar Nath v. CIT, (1959) Supp 1 SCR 528, 551.
26
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are found in Articles 10 and 11 of the Human Rights Act29. Similar instance in
Ethiopia has gained global disgrace30.
2. Whether the State of Boremon has violated International treaties that call for
stringent actions on part of ICJ?
It is most humbly put forth 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 Rights31 and the
International Covenant on Economic, Social and Cultural Rights32 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.
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
I.
In M/s Najib Zarab Ltd v. the Government of Pakistan33 the issue examined by the
Karachi High Court were stated to be whether there is any mandate of international
law or if the rules of international law afford us any guidance and if such mandate or
guidance is perceptive under Pakistan law. The question arise for all consideration
first, whether international is, of its own force, drawn into the law of the land without
the aid of municipal law and secondly, whether, one so drawn, it overwrites municipal
law in case of conflict. It has been said in England that there are two schools of
thought propounding the doctrine of incorporation and the other the doctrine of
transformation. After examining the British practice the court came to the
conclusion that:
29
United Kingdom, The Human Rights Act, 1998.

Human Rights Watch, Ethiopia: Lethal Force Against Protesters Military Deployment, Terrorism Rhetoric
Risk Escalating Violence, 2015.
31
International Covenant on Civil and Political Rights, 16 December, 1966.
32
International Covenant on Economic, Social and Cultural Rights, 16 December, 1966.
33
M/s Najib Zarab Ltd v. The Government of Pakistan, PLD (1993) Karachi 93.
30
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we are of the view that nations must march with the international community and the
municipal law must respect rules of international law, even as nations respect
international opinion; the community of nations requires that rules of international
law may be accommodated in the municipal law even without express legislative
sanction provided they do not run into conflict with the Acts of the Parliament.
According to Justice Anwar-Ul-Haq, Judge of the Lahore High Court who
pronounced the judgment;
It is submitted [. . .] that as we in this country have inherited the English judicial
system and the English concepts of law, both municipal and international, the
practice in England and other Anglo-Saxon countries should be held to prevail in
Pakistan as well34.
Justice Qadeeruddin stated that;
I would only add that the private international law of this country is bound to be a
part of the law of this country for otherwise the courts of this country would be unable
to administer it35.
2.2. The State of Boremon has violated the international treaty which was signed on
16th September, 2015 at Romia.
I.
The State of Boremon violated the Obligation to establish peace in the territory of
BoLR36 time and again by playing the sectarian card to fulfill its sinister designs in
BoLR. Sectarian elements from neighboring provinces actively patronized by the
State have unleashed a reign of terror in the region from time to time. They looted and
burnt villages and did not even spare the livestock in their State-sponsored rampage.
34
Saeed Ahmed v. Mahmood Ahmed, PLD (1968) Lahore 520 at Page 524.
M.A Qureshi v. the Union of Soviet Socialist Republic, PLD (1968) Karachi 443.
36
The Agreement for the Right of Self-Determination and to establish a Democratic set up in BoLR, Romia,
September 6, 2015, Article 1- Obligation to establish peace in the territory of BoLR and adherence to the
principle of Non-intervention.
35
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The actions of Boremon created a sensation throughout the world and almost every
nation condemned the acts of Boremon appealing the State to ameliorate the standards
of basic minimal human rights37. There has been long term unrest in BoLR. Even
news channels have showed footage where the Boremian Army massacred many
people in BoLR38. The situation in BoLR is infinitely worse in Gilly Buket. The
people are kept in poverty, illiteracy and backwardness 39 under the brutal regime of
Boremon.
II.
The State of Boremon has failed to conduct the free and fair elections40 in the BoLR
and further developed obscurity in the process. Mr. Kamaal Khan, the President of
Gilly Buket United Movement, (GBUM) in 2014 called for a mass gathering to
address some important issues bothering BoLR. His gathering was very successful as
he was able to call many people to listen his thoughts. In his gathering he called the
package which had been declared by the Prime Minister did not meet the genuine
demands of the people of the region. The Government of Boremon got him arrested
but later in September, 2015 agreed that it shall release Mr. Kamaal Khan and provide
opportunity to the people of BoLR to establish a democracy which will be free from
interference from the State of Boremon. In the month of October, 2015 fresh elections
were held in BoLR by the Boremon government. However, just before the elections,
Mr.Kamaal Khan disappeared from the country. Thus the genuineness of this election
is still a question unanswered. People of BoLR considered that the Government aimed
to conceal the political atrocities and brutal colonial control on the people in the
occupied region. An entire section of the people of the BoLR wanted to either join the
37
News coverage, BB-BBN, Soremon.
39
WHRO Report, 2013.
40
September 6, 2015, Article 4- Boremon to Conduct Free & Fair Elections in BoLR.
38
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Soremon Union or self-proclaim independence41 as self-determination is their basic
fundamental internally recognized right42.
2.3.The State of Boremon has violated its treaty obligations to Lola and Ramola under
Article 2 (4) of the United Nations Charter.
I.
The Government of Boremon deployed Boremian Army to specially arrest Mr.

Kamaal Khan and to prevail rule of law in the region. In order to deal with the
situation and the crowd, the Army had to indulge in open firing in which nearly 45
citizens were killed innocently just because they participated in the protest. Even
news channels have showed footage where the Boremian Army massacred many
people in BoLR43. The State of Boremon in recruiting, training, arming, equipping,
financing, supplying and otherwise encouraging, supporting, aiding, and directing
military and paramilitary actions in and against the areas of Lola and Ramola, had
violated its treaty obligations to Lola and Ramola under Article 2 (4) of the United
Nations Charter44.
The State of Boremon had breached international law by
i.
violating the sovereignty of the State of Soremon by:
armed attacks against Lola and Ramola by air and land;
obliterate into Lola and Ramola territorial waters;
aerial trespass into Lola and Ramola airspace;
efforts by direct and indirect means to coerce and intimidate the

Government of Lola and Ramola45.
ii.
using force and the threat of force against the State of Soremon.
41
September 6, 2015: Article 2- Right of Self-Determination.
43
Supre N. 38.
44
United Nations Charter, Article 2 (4).
45
42
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iii.
intervening in the internal affairs of the State of Soremon.
iv.
killing, wounding and kidnapping citizens of the State of Soremon.
In The Republic of Nicaragua v. The United States of America46 ICJ decided that the
United States of America is under an obligation to make reparation to the Republic of
Nicaragua for all injury caused to Nicaragua by the breaches of obligations under
customary international law not to use force against another State, not to intervene in
its affairs and not to violate its sovereignty. The said violation was not only an
unlawful act but also a breach of the principles of humanitarian law underlying
the Hague Convention No. VIII of 190747.
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.
I.
Human Rights values obviously have been given great weight. In the two consular
notification cases by Paraguay and Germany48 against the United States it clearly was
of central importance to the Court that the cases ultimately involved convicted
persons facing capital punishment.
3. Whether the State of Boremon has declined to its people who are living in BoLR the
basic minimal right of Self-determination?
It is most humbly put forth 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
46
The Republic of Nicaragua v. The United States of America, (1986) ICJ.

Hague Conventions and the Annexed Regulations, Geneva Academy of International Humanitarian Law and
Human Rights, Rule af Law in Armed Conflicts,1907.
48
Vienna Convention on Consular Relations; Para. v. U.S., (1998) I.C.J. 248; LaGrand, F.R.G. v. U.S., (2001)
I.C.J. 104.
47
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international Conventions49. These documents focused on self-determination as one of
the fundamental human rights, thus making it a jus cogens50 norm.
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.
I.
The right of people to self-determination, as it evolved from the Charter51 and from
United Nations practice, has an erga omnes52 character, is irreproachable. The
principle of self-determination of people has been recognized by the United Nations
Charter53 and in the jurisprudence of the Court; it is one of the essential principles of
contemporary international law. In the post cold war period with the disintegration of
the USSR and the former Yugoslavia a new meaning was given to the principle of
self-determination. The origin of the principle of self-determination can be traced
back to the American Declaration of Independence (1776) and the French Revolution
(1789). It was first put into practice in Italy where it was joined with the concept of
national unification based on self-determination. This concept emerged on the
international scene during the First World War and the Bolshevik Revolution. In
Portugal v. Australia54, the Court takes note of the fact that, for the two Parties, the
Territory of East Timor remains a non-self governing territory and its people has the
right to self-determination, and that the express reference to Portugal as the
49
UN Charter, 1945- Chapter 1,Article 1(2)- purpose of the UN; International Covenant on Civil and Political
Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), Article 1:
All peoples have the right of self-determination.; The United Nations Universal Declaration of Human Rights,
Article 15: Right to a nationality.
50
Jus cogens, Latin- compelling law; English- peremptory norm; refers to certain fundamental, overriding
principles of international law, from which no derogation is ever permitted.
51
Supra N. 49.
52
Erga Omnes- rights or obligations those are owed toward all and therefore enforceable against anybody
infringing that right.
53
Supra N. 49.
54
East Timor (Port. v. Austl.), 1995 I.C.J; International Legal Materials, pages 1581-1591.
-Memorial
"administering Power" in a number of the above-mentioned resolutions is not at issue
between them.
II.
Decolonization process envisaged by the General Assembly is one which will respect
the right of the population of Western Sahara to determine their future political status
by their own freely expressed will. This is the right to self-determination55. There
were three reasons put forth why Kosova Albanians56 should have the right to selfdetermination:
1. past unjust seizure of territory
2. dissolution of a country
3. attempted genocide.
Therefore, based on this history and the evidence developed, the people of Boremon
occupied Lola & Ramola (BoLR) i.e. the land consisting of the so called Azad Lola &
Ramola (ALR) and Gilly Buket should have the right to self-determination.
3.2.The people of Lola & Ramola are abstained from their right to self-determination
since the state got independence from the Kritish rule.
I.
UNMOGSB was deployed to supervise the ceasefire between Soremon and Boremon.
Under the terms of the ceasefire, it was decided that both armies would withdraw and
a plebiscite would be held in Lola and Ramola to give their people the right to selfdetermination. The King Tintumon had signed an Instrument of Accession on 26
October 1947 in return for military aid and assistance, which was accepted by the
Governor General of Soremon the next day. While the then Soremons GovernorGeneral who was a Kritish National accepted the accession, it added the proviso that
it would be submitted to a popular referendum since "only the people, not the King
55
56
Western Sahara (Rio de Oro and Sakiet El Hamra); Western Sahara opinion, (1975) ICJ Rep 12.
Howard Clark, Civil Resistance in Kosovo, (2000) pp. 44.
-Memorial
Tintumon, could decide where the Lola-Ramola wanted to live."57. 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. No attempt was being made to ameliorate the suffering of
the people from the devastating earthquakes and floods58. In 1998, the Supreme Court
of Canada was asked to issue an opinion about the Quebecs right to secession. The
Court concluded that when a people are blocked from the meaningful exercise of their
right to self-determination internally, they are entitled, as a last resort, to exercise it by
secession59.
II.
The United Nation General Assembly Resolution 151460 provides in its Article 2 the
right to self-determination to the people of all the countries which were colonies of
different colonial empires. This right to self-determination cannot be refrained on the
ground of inefficiency or inadequacy of any social, political, educational qualities.
That, the United Nations and its agencies are obliged to take immediate steps in Trust
and Non-Self-Governing Territories or all other territories which have not yet attained
independence, to transfer all powers to the peoples of those territories, without any
conditions or reservations, in accordance with their freely expressed will and desire,
without any distinction as to race, creed or color, in order to enable them to enjoy
complete independence and freedom61.
57
59
Reference Re Secession of Quebec, Supreme Court of Canada, 2 S.C.R 217, 37; Intl Leg. Mat. 1342 (1998).
60
General Assembly, Declaration on the Granting of Independence to Colonial Countries and People,
Resolution 1514 (XV), 1960.
61
United Nations and Decolonization; General Assembly, Declaration on the Granting of Independence to
Colonial Countries and People, Declaration 5.
58
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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?
It is most humbly put forth 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 opens with the words, We the Peoples, 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 whole62.
Therefore, realizing that restoration and protection of democracy and public order is
vital to nations overall development63 the people of the State should be granted their
democratic rights.
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.
I.
The International Covenant on Civil and Political Rights (1966) lays the legal basis
for the principles of democracy under international law64. United Nations activities in
support of democracy and governance are implemented through the United Nations
Development Programme (UNDP), the United Nations Democracy Fund (UNDEF),
the Department of Peacekeeping Operations (DPKO), the Department of Political
Affairs (DPA), the Office of the High Commissioner for Human Rights (OHCHR),
and the United Nations Entity for Gender Equality and the Empowerment of Women
(UN Women) among others. Such activities are inseparable from the UNs work in
promoting human rights, development, and peace and security.
62
Global Issues, Democracy and the United Nations.

September 6, 2015, Preamble.
64
Freedom of expression (Article 19); The right of peaceful assembly (Article 21); The right to freedom of
association with others (Article 22); The right and opportunity to take part in the conduct of public affairs
(Article 25); The right to vote and to be elected (Article 25).
63
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In just one year of the military coup in the Thailand, ICJ urges to restore democracy65
Powers which are inconsistent with the fundamental pillars of the rule of law and
human rights, including equality, accountability, and predictability of the law, the ICJ
impulses Thailand must reverse this steady slide away from its international
obligations by promptly returning the country to democracy, civilian authority and the
rule of law. They called these observations a steady entrenchment and implementation
of an institutional and legal framework inconsistent with international Human Rights
standards.
II.
Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all

other territories which have not yet attained independence, to transfer all powers to
the peoples of those territories, without any conditions or reservations, in accordance
with their freely expressed will and desire, without any distinction as to race, creed or
colour, in order to enable them to enjoy complete independence and freedom 66. The
King Tintumon signed the Instrument of Accession on 26 October 1947 in return for
military aid and assistance, which was accepted by the Governor General of Soremon
the next day. While the then Soremons Governor-General who was a Kritish
National accepted the accession, it added the proviso that it would be submitted to a
popular referendum since "only the people, not the King Tintumon, could decide
where the Lola-Ramola wanted to live."67. The subjection of peoples to alien
subjugation, domination and exploitation constitutes a denial of fundamental human
rights, is contrary to the Charter of the United Nations and is an impediment to the
promotion of world peace and co-operation68. All armed action or repressive measures
of all kinds directed against dependent peoples shall cease in order to enable them to
65
ICJ News, Press Releases,Thailand- Return Country To Democracy And The Rule Of Law.
Supra N. 61.
67
Supra N. 57.
68
66
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exercise peacefully and freely their right to complete independence and the integrity
of their national territory shall be respected69.
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.
I.
The Preamble of the Agreement for the Right of Self-Determination and to

establish a Democratic set up in BoLR, to which both the State of Boremon and
the State of Soremon is a member to states that, .Realizing that restoration and
protection of democracy and public order is vital to nations overall development,
Realizing the peace and prosperity remains the focal point for human progress,
The State of Soremon and The State of Boremon have agreed. A Preamble is a
clause at the beginning of a statute explaining the reasons for its enactment and
the objectives it seeks to attain. It provides insight into congressional concerns and
objectives70. Therefore it is the duty of the State of Boremon
not only to
recognize but also to realize through concrete efforts that the people of Azad Lola
& Ramola and Gilly Buket enjoy a form of government in which the people freely
govern themselves; where the executive (or administrative) and law-making (or
legislative) power is given to persons chosen by the population.
II.
The State of Boremon is also obligated to Conduct Free & Fair Elections in BoLR
as the State of Boremon has agreed in the Agreement for the Right of SelfDetermination and to establish a Democratic set up in BoLR 71. It shall also ensure
the transparency in the process of such election. The respondent State has not yet
69
70
The preamble may be referred to in order to assist in ascertaining the intent and meaning of a statute fairly
susceptible of different constructions. Price v. Forrest, 173 (1899) U.S. 410, 427; Donovan v. Dewey, 452
(1981) U.S. 594, 602; (citing the preamble to the Mine Safety and Health Act as evidence of congressional
awareness of the hazardous nature of the mining industry); Gray v. Powell, 314 U.S. 402, 418 (Justice Roberts,
dissenting) (citing the preamble of the Bituminous Coal Act as evidence of congressional purpose).
71
September 6, 2015, Article 4- Boremon to Conduct Free & Fair Elections in BoLR.
-Memorial
provided the people of the State the right to representatives and free and fair
elections.
4.3. Boremon's unilateral proclamation of governance over ALR and Gilly Buket since
October 22, 1947 violates the foundations of international law.
I.
It is a challenge to the authority of the United Nations, and a challenge to

international legal order based on the principles of sovereignty and territorial
integrity. The declaration represents an attempt to abolish the UN administration
in the region like in Kosovo, to annul Serbia's sovereignty over its southern
province and to impose independence as a unilateral solution for Kosovo. Kosovo
was "the historical cradle of Serbia and constitutes one of the essential pillars of
its identity"72. Such references to the territorial integrity of Serbia are only in the
preambular language and not in the operational language. The document is
therefore silent as to what form the final status of Kosovo takes73. This declaration
of independence triggered an international debate over peoples right to selfdetermination and democratic governance and has set a precedent that could apply
to other separatist movements as of Lola and Ramola. In July 2010 the
International Court of Justice (ICJ) found that Kosovos declaration of
independence on 17 February 2008 did not breach international law. The courts
Advisory Opinion was welcomed by Kosovo, other entities seeking independence
and the UK government amongst others.
II.
In the last legitimate Yugoslav Constitution, Kosovo had the same legal right to
self-determination that was the basis for independence of five of the six Yugoslav
Republics: Croatia, Slovenia, Montenegro, Macedonia and Bosnia and
Herzegovina. Namely, in a series of constitutional amendments between 1963 and
72
73
BBC News, UN court hears Kosovo independence case, 15:53 GMT, Tuesday, 1 December 2009.
Kosovos Declaration of Independence, Self-Determination, Secession and Recognition", 2008.
-Memorial
1974, Yugoslavia had elevated the two autonomous regions, Kosovo74 and
Vojvodina, to essentially the same legal status as the republics, with their own
administration, assembly and judiciary, and equal participation in all the Federal
bodies of Yugoslavia. Crucially, they held the same power of veto in the Federal
Parliament, and were equally responsible for implementing, enforcing and
amending the Yugoslav Constitution, as well as the ratification of agreements and
the formulation of Yugoslav foreign policy. In the 1980s, the Milosevic
administration disbanded the institutions of Kosovo and unilaterally changed the
constitution to strip the autonomous regions of these powers75. Similar changes in
BoLR administrative and constitutional structures were made through executive
decrees by the Boremon government. These were not based on any
recommendations or representations made by any representative body of the
people. The ALR government enjoys only nominal powers and it functions under
strict control of the Boremon State. ALR remains under the direct rule of the
federal government of Boremon even though it is called 'Azad' or independent.
The continuing subjugation by Boremon over the decades has led to an acute
sense of alienation amongst the people. The growing discontent has led groups to
demand freedom from Boremon control and abolition of the Interim Constitution.
Furthermore, the people of the Gilly Buket did not enjoy the constitutionally
guaranteed fundamental rights that people in the rest of Boremon did76.
74
ICJ Advisory Opinion, 22 July, 2010.

J. Ober, P. R. Williams, (2006), "Is it true that there is no right of self-determination for Kosova?"; A. D.
Lellio, The case for Kosova: Passage to independence New York: Anthem Press. pp. 109120.
76
75
-Memorial
PRAYER
Wherefore, in the light of the Facts Stated, Issues Raised, Argument Advanced and
Authorities Citied, it is most humbly prayed by the State of Soremon that the Honble Cour
Internationale De Justice may on the differences between the State of Soreman and the State
of Boreman on Right to Self-Determination and Establishment of Democracy in BoLR that:
1. The State of Boremon has violated Human Rights by indulging itself in the illegal
activities in the BoLR region. It should immediately withdraw its armed forces
from the region.
2. The State of Boremon has violated International treaties. It should make
reparation for its act.
3. The State of Boremon has declined to the people living in BoLR their basic
minimal right of Self-Determination and Democracy. A fair plebiscite should be
conducted under United Nations assistance.
4. The State of Democracy, in the territory of BoLR must be instated by the ICJ
either by allowing BoLR to merge with Soremon or by establishing a full-fledged
democracy in the region
And to pass any such other Order, Discretion and Judgment as this Honble Court may deem
fit in the interest of Justice, Equity and Good Conscience.
All of which is respectfully submitted
SD/- ______________________
Counsel for the State of Soremon
Place: The Hague, The Netherlands
-Memorial

4 Soremon Memo

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4 Soremon Memo

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6th Justice P.N.

Bhagwati International Moot Court Competition on Human Rights, 2016

Army indulged in open firing in which nearly 45 citizens were killed

on behalf of the Applicant1

In Bosnia and Herzegovina v. Serbia and Montenegro7 by fourteen votes to

on behalf of the Applicant2

Sectarian elements from neighboring provinces actively patronized by the State

on behalf of the Applicant3

The case of Olga Tellis v. Bombay Municipal Corporation17 was brought by

Kharak Singh v. State of U.P., AIR 1963 SC 1295 17.

on behalf of the Applicant4

compensation/rehabilitation in accordance with law for uprooting them of their

on behalf of the Applicant5

Sectarian elements from neighboring provinces actively patronized by the State

on behalf of the Applicant6

United Kingdom, The Human Rights Act, 1998.

on behalf of the Applicant7

on behalf of the Applicant8

on behalf of the Applicant9

The Government of Boremon deployed Boremian Army to specially arrest Mr.

violating the sovereignty of the State of Soremon by:

armed attacks against Lola and Ramola by air and land;

obliterate into Lola and Ramola territorial waters;

aerial trespass into Lola and Ramola airspace;

efforts by direct and indirect means to coerce and intimidate the

on behalf of the Applicant10

intervening in the internal affairs of the State of Soremon.

killing, wounding and kidnapping citizens of the State of Soremon.

The Republic of Nicaragua v. The United States of America, (1986) ICJ.

on behalf of the Applicant11

on behalf of the Applicant12

on behalf of the Applicant13

on behalf of the Applicant14

Global Issues, Democracy and the United Nations.

on behalf of the Applicant15

Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all

on behalf of the Applicant16

The Preamble of the Agreement for the Right of Self-Determination and to

on behalf of the Applicant17

It is a challenge to the authority of the United Nations, and a challenge to

on behalf of the Applicant18

ICJ Advisory Opinion, 22 July, 2010.

on behalf of the Applicant19

on behalf of the Applicant20

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