INTERNATIONAL COURTOF JUSTICE
COMPROMIS
BETWEEN THE REPUBLICOF Aligium (APPLICANT)
AND THECOMMONWEALTH OF
Riscanto (RESPONDENT) TO SUBMIT TO THE
INTERNATIONAL COURTOF JUSTICE
THE DIFFERENCESBETWEEN THE STATES
CONCERNING"OPERATION PROVIDE
SHELTER"
jointly notified to the Court on30 September 2013
1. Before the mid-1950s,Aligium and itsneighboring stateswere colonies ofRiscanto. Riscantothen put in place a
plan of gradualdecolonialization, andall of its coloniesbecame independentnations.Aligium'sindependencewas declared on 29October 1958.
2. By all accounts, theproceduresestablished byRiscanto to end thecolonial era wentsmoothly. In 1960,
Riscanto formed anassociation of itsformer colonies andother allies, called"the Riscanton Familyof Allied Nations"(R-FAN), whichdedicated itself tomaintaining political,cultural, andeducational linksamong the sovereignmembers of the"Family," and topromoting the
institutions ofdemocracy.
3. From 1958 to 2000,relations betweenAligium and Riscantoprogressed entirelywithout negativeincident. Riscantonwas declared andremains the officiallanguage of Aligium.Aligium and Riscantoengaged in exchangesof all sorts. Riscanto
has maintained aclose economicrelationship withAligium.
4. The people of Aligiumcomprise two majorgroups, the Daihatsuand the Zara, whotogether account for95% of the country'stotal population.Certain scholarsconsider the Daihatsuand Zara to be
ethnically distinct,although othersdefend the positionthat they are simplydifferent strains of thesame ethnic group.Almanacs report that30% of the populationconsiders itself to beDaihatsu, about 50%Zara, and 15% "both."
5. Throughout modern history,there has been littlerecord of strife
between these twogroups: they resembleone anotherphysically, they haveintermarried freely,they both espouse theTalonnic religion, andmembers of each havegenerally beenaccepted in the socialand civicorganizations of theother. Yet, there havebeen three noticeableand significant
differences: (1) theDaihatsu haveoccupied most of themid- and upper-levelpositions in businessand governmentadministration inAligium sinceindependence; (2) theZara have morewidely embraced anorthodoxinterpretation of theTalonnic faith; and(3) the average
standard of living ofDaihatsu families inAligium has exceededthat of Zara familiesby a statisticallysignificant margin,according to theInternationalMonetary Fund.
6. The Talonnic holy book, theCanon, dates backsixteen centuries.Among many otherthings, the orthodox
reading of the Canonprecludes womenfrom participation inpublic life, andimposes restrictionson their ability to ownproperty in their ownnames. It alsorequires that personswho transgressagainst any of a seriesof requirements of thefaith, including thosewho commithomicide, adultery,
and blasphemy, be putto death. Otherreadings of the Canoninterpret theseprovisions asallegorical. In severalcountries withmajority Talonnicpopulations, womenhave been elected tosignificant politicalpositions, and thedeath penalty hasbeen abolished.
7. Beginning in the early1990s, a politicalgroup calling itself"the Guardians of theTalonnic Way" beganto attract a substantialfollowing among Zaraseeking a return toTalonnic orthodoxy.One of the core aimsof the Guardians hasbeen theincorporation oforthodox principles of
the Canon into theAligian legal system.When the economicsituation in Aligiumtook a downturn in1995, politicalsupport for theGuardians surged.From 1996 to 2009,the Guardians'representation in the200-personunicameral AligianParliament increasedfrom three to 66
members.8. Aligium's eastern neighbor,
the state of NewBennu, is also aformer colony ofRiscanto and iscomposed almostentirely of Daihatsuand Zara. Most of theborder shared by thetwo states is on theRocian Plateau, amountainous areasettled mostly by
Zara. For generations,the Aligian side of thePlateau has beennotorious forharboring smugglers,illegal armstraffickers, and, morerecently, a bustlingdrug trade.
9. The rough terrain of theRocian Plateau makeseffective enforcementof the border difficult,and allows for easy
passage of guns anddrugs into NewBennu. Aligian lawenforcementauthorities haveregularly concededtheir inability to putan end to the rampantlawlessness of theregion. In 2005, amajor studyconducted by EarthWithout Frontiers, anon-governmentalorganization (NGO),
concluded thatAligian authoritieswere intentionallyturning a blind eye tocriminal activities inthe Rocian Plateau,out of fear that tensionwould result if theDaihatsu-dominatednational governmenttook action in themajority-Zara region.
10. The government of NewBennu, which was
also dominated byDaihatsu, hadthreatened for years tofortify the portion ofthe Plateau on its sideof the border, and tointerdictundocumentedtravelers crossingunder suspiciouscircumstances. By2008, New Bennuauthorities reportedthat drug trade andgun violence had
reached epidemicproportions,prompting thegovernment in Marchto adopt a zero-tolerance policy withrespect to criminalactivity in the RocianPlateau. The NewBennu military beganto conduct airsurveillance to trackand prevent themovement of illegalgoods across the
border.11. New Bennu's zero-tolerance
policy was met withviolent retaliation byarmed groups in theRocian Plateau. Onboth sides of theborder, battles brokeout between the NewBennu military andsmugglers. Many Zaravillagers were caughtin the crossfire ofthese skirmishes.
Leaflets widelydistributed among theZara of the Plateauclaimed that theDaihatsu-ledgovernment of NewBennu was purposelytargeting innocentZara civilians underthe guise of crackingdown on crime.
12. In May 2010, a NewBennuan surveillanceplane in Aligian
airspace was shotdown by a surface-to-air missile, killingthree crew membersand five lawenforcementpersonnel. The bodiesof the victims weredragged throughvillages of the RocianPlateau by localgroups claimingresponsibility forbringing down theplane. There were
reports of impromptucelebrations amongZara in certainAligian villages, anda substantial numberof Daihatsu closedtheir businesses,shuttered their homes,and fled the Plateau.
13. Aligium denied allegationsof supporting NewBennu's borderenforcementactivities, and
protested theunauthorizedincursions intoAligian airspace. InJ u n e 2010, citingfrustration with whatit described asAligium'sunwillingness to dealwith the lawlessnessof the Rocian Plateau,New Bennu initiatedan air bombingcampaign to destroysuspected smuggling
enclaves. Thecampaign lasted threeweeks, and resulted inthe deaths ofapproximately 100Aligian civilians,mostly Zara.
14. In July, the government ofAligium presented toParliament a plan fora negotiatedsettlement thatincluded ceding40,000 hectares of
territory in the RocianPlateau to NewBennu. The resultingturmoil led to a voteof no confidence.Polls showed that theZara population wasin nearly unanimousopposition to thepeace plan. TheGuardians criticizedthe Daihatsu-majoritygovernment for"offering to buy peacewith the coin of Zara
land."15. In August, the Daihatsu-led
government ofAligium was turnedout of office andemergency electionswere called.Internationalobservers agreed thatthe elections werefree and fair. On 22September 2010, thepeople returned aparliament in which
the Guardians werethe largest party, with88 seats. GregoryBright Sun, the leaderof the Guardians, wasnamed PrimeMinister. Withsupport from minorityparties, the PrimeMinister and his newcabinet werenarrowly confirmedin office.
16. In October, Prime Minister
Bright Sunproclaimed that hehad successfullynegotiated the broadterms of a new cease-fire agreement withNew Bennu, withoutceding any territory.On 18 November2010, in the face ofdomestic politicalpressure to enforcethe cease-fire, andinternational concernabout the potential for
a wider conflict,Bright Sun and hisNew Bennuancounterpart requestedthat the UnitedNations deploy apeacekeeping force tothe Rocian Plateauand its surroundingarea.
17. On 8 December 2010, theSecurity Councilunanimously adoptedResolution 5440,
authorizing the UnitedNations MissionOverseeing theRocian Plateau andHinterlands(UNMORPH) tobegin operations as of1 February 2011. Thetext of the Resolutionis attached asAppendix I. Riscanto,citing its historicalties to both Aligiumand New Bennu,immediately
volunteered tocontribute troops andsupport personnel toUNMORPH. Thenumber of people andthe quantity ofresources itvolunteered to theeffort made Riscantoby far the singlelargest participant.The Secretary-General appointedMajor-General LeilaSkylark of the
Riscanton Army tohead the mission asSpecialRepresentative andForce Commander,and concluded astatus-of-forcesagreement (SOFA)with Aligium. TheMission establishedan operatingheadquarters in theRocian Plateau whichit named Camp Tara.
18. Throughout 2011 and into2012, employing bothrapid deploymentoperations andextensive person-to-person negotiationswith local leaders,UNMORPH was ableto defuse the borderdispute withoutsignificant furtherbloodshed. Citing thecontinuing need for itspresence, the Security
Council renewed themandate ofUNMORPH for fouradditional six-monthperiods through 31July 2013.
19. In December 2012, PrimeMinister Bright Suncalled forUNMORPH to be shutdown, arguing that itspeacekeepingmandate had beencompleted/
20. On 18 February 2013,Major-GeneralSkylark filed a formalreport with theSecretary-General,who promptlytransmitted it to theSecurity Council. Thereport stated, interalia, that:
The border between New
Bennu and Aligium isessentially peaceful. Allarmed detachments havewithdrawn to more thanfive kilometers from thedisputed area, under oursupervision. They havesurrendered their heavyweapons, and we aredelighted to report that noshots have been fired inover 90 days. Aligium hasestablished an armedpolice presence as well asa network of trial courts in
each of the towns nearestthe border, and we believethat this system is workingto reduce smuggling andother illegal activities totolerable levels.
If the situation continues toimprove as we envisage, itis our considered opinionthat it will be possible towithdraw all troops and toterminate the mandate of
UNMORPH on 31 July2013.
1. On 19 February 2013, theSecurity Councilissued Resolution6590, which inrelevant part, calledfor "the gradual draw-down of troops andthe termination ofUNMORPH by 31J u l y 2013." By the
end of March, almosthalf of theUNMORPH troopsand staff had beenremoved fromAligium, with onlyRiscanton nationalsremaining.
1. In March 2013, theGuardian-led localgovernment of the
Northeast Province ofAligium adopted anumber of ordinancesimplementingTalonnic law. Oneordinance requiredmarried women toobtain the consent oftheir husbands toregister real propertyin their own names.Another mandatedprior approval fromprovincial authoritiesbefore the
transmission of anysecular radio ortelevision broadcast.Media outlets,including the DaihatsuBroadcastingCompany, whichprovided news andentertainment to theDaihatsu community,immediatelyannounced that theywould not complywith this order,continuing to air their
programs in theNortheast Provincewithout submittingthem for approval.
1. Tensions immediately flaredbetween Daihatsu andZara groupsthroughout theNortheast Province.Riots broke out in theDaihatsuneighborhoods of
Melatha, theProvince's largesttown, some 120kilometers from CampTara. UNMORPHobservers whohappened to be in thearea reported that 35Daihatsudemonstrators werekilled by armedpolice in Melathaduring the night of 25April 2013, the eve ofthe new year's
celebration accordingto the orthodoxTalonnic calendar.The Aligian InteriorMinistry, in a pressrelease, confirmed thedeaths, but declaredthat they were theresult of out-of-control New Year'sEve celebrations.
1. The national governmentmoved quickly torestore order andcalled for calm. In hisnationally-broadcastNew Year's Messageof 28 April 2013,Prime Minister BrightSun said:
With the birth of this newyear, a new day has
dawned for the People ofAligium. With due respectfor all of our friends in theinternational community,and with the greatestgratitude to those whohelped to save lives and torestore peace after ourrecent unpleasantness withNew Bennu, mygovernment will nowhonor the traditions of ourfaith. I announce today mygovernment's intention topursue a complete
overhaul of the ungodlyjudicial code inheritedfrom our former colonialmasters.
In establishing this NewOrder, we are doing theLord's work. We can,therefore, brook nocompromise, and while wewill respect the rights ofthose who have notaccepted the True Faith,we cannot tarry in ourmission, nor can we
accommodate their errantways.
Over the coming days, wewill adopt firm measuresto combat lawlessness, andwe will do so on our own,with no need for theinterference of foreignforces. I call upon theSecretary-General of theUnited Nations to reiteratethe commitment of theForce Commander ofUNMORPH to leave
Aligian soil no later than31 July 2013.
1. The announcement wasgreeted with large-scale celebrations inthe mostly Zara partsof Aligium, but withrenewed unrest inareas with mixed Zaraand Daihatsupopulations.Pamphlets began to
appear throughout thecountry featuringwords excerpted fromthe Prime Minister'sstatement: "We canbrook nocompromise"; "Wecannot tarry in ourmission"; and, mostfrequently, "We aredoing the Lord'swork."
2. For the next four weeks,there were sporadic
riots and reports ofsignificant violencethroughout Aligium,especially in theNortheast Province.The medical NGO"Doctors of theWorld" told theAssociated Press on22 May that it hadreceived reports ofhundreds of violentdeaths in Melatha andelsewhere in theProvince. On 1 June,
martial law wasdeclared in the eightlargest cities in theNortheast Province,and in four cities inthe neighboringNorthwest Province.Daihatsu in theNortheast Province,claiming to fearimminent persecution,began to flee in largenumbers across theRocian Plateautoward New Bennu.
By 30 June, theDaihatsu populationof the NortheastProvince had beenreduced by 30%.Doctors of the Worldreported that the livesof those attempting tocross the remotemountainous regionwere at risk ifhumanitarian aid werenot put in placeimmediately. Itsstatement said that the
organization saw theprospect of "ethniccleansing on amassive scale."
3. At a regularly-scheduledmeeting on 3 July, theSecurity Counciladopted Resolution6620, attached asAppendix II, whichamong other things,urged Aligium "totake immediate stepsto improve the
humanitarian situationin the RocianPlateau."
4. On 4 July, the PermanentRepresentative ofAligium to the UnitedNations submitted amemorandum to theSecretary-Generaland the President ofthe Security Council,reading in relevantpart as follows:
On behalf of myGovernment, I can assureYour Excellencies thatAligium will not be privyto, will not participate in,and will not countenancewidespread human rightsabuses within its territory.Allegations that ethniccleansing or any other kindof systematic abuse of anyof our minority groups iscontemplated or imminent
are defamations of thegood name of Aligium, andwe emphatically rejectthem as untrue andunwarranted.
1. On 7 July, Prime MinisterBright Sun held apress conference inhis official residence,and then boarded alimousine to the
airport, intending tofly to a meeting inLondon. As his carentered the airportgrounds, a massiveexplosion tore apartthe vehicle and itssecurity detail. ThePrime Minister andfive of his aides werekilled, along withthree bodyguards andtwo drivers.
2. On 22 July, the President of
Riscanto delivered atelevised address toher nation. Sheannounced that hergovernment hadcollected "extremelyreliable intelligence"that led her toconclude that therewas "a real andpresent danger ofethnic cleansing on amassive scale aboutto occur in Aligium."She said that "the
recent cold-bloodedmurder of PrimeMinister Bright sungives the world littlereason to be confidentthat the government ofAligium is able topreserve peace andsecurity within itsown borders."Invoking the memoryof prior atrocities thathad caused extensivehuman suffering, shecommitted all
measures at herdisposal as Presidentto avoid suchconsequences. Sherequested anemergency session ofthe Security Councilto consider twoResolutions proposedby Riscanto: (1) thewithdrawal of theCouncil's decision toshut downUNMORPH by 31July, instead
extending the missionfor another six monthsand expandingUNMORPH'smandate to includeprotection of Aligiansfrom "the impendingethnic cleansing"; or,in the alternative, (2)the authorization ofcollective action byRiscanto and the othermembers of R-FAN,which wouldvolunteer to restore
order and protect thecitizens of Aligium.
3. The Riscanton Presidentprovided copies ofintelligence data tothe Secretary-Generalof the United Nations.Her objective, shestated, was tomaintain the presenceof an internationalforce in Aligium"until order isrestored, ethnic
cleansing isprevented, protectionof human rights isguaranteed, and thesituation in Aligiumceases to pose athreat to internationalpeace and security."She concluded herremarks with thesewords:
Today, leaders mustsometimes act in ways thatmay not have been
acceptable a generationago. Old notions ofsovereignty remainimportant to theinternational regime, butthey are not its mostimportant value. The mostimportant value isshielding the vulnerablefrom crimes ofcatastrophic dimension.Too many tragedies havebeen allowed to happenbecause the worldcommunity has not
recognized this simpletruth.
With confidence that I amacting in the best traditionsof our nation and in thebest interests of all nations,I hereby declare to theworld that if the SecurityCouncil will not authorizethe internationalintervention that we areproposing, our belovedRiscanto will itself honorits responsibility to protect
the good, valiant, andinnocent people ofAligium, to whom historyhas bound us. I will notshirk that duty: I cannot. Icall on all of goodwill tojoin us in our mission, butwe will complete it in anyevent. That is my solemnvow.
1. The Security Councilgranted the request foran emergency sessionand convened in New
York on 23 July, atnoon.
2. The debate lasted throughthe evening of 24July. The President ofthe Security Councilcalled for a vote thenext morning, whichwas broadcast livearound the world. Thesupporters of theResolutions arguedthat a crisis wasimminent and that
Aligium waspowerless to preventit, while opponentscontended that therewas no adequatefactual basis for whatthey called anunwarranted militaryintervention in theinternal affairs of amember of the UnitedNations.
3. The Aligian and RiscantonPermanent
Representatives to theUnited Nations wereinvited to speakduring the debate. TheAligianRepresentativevehemently protestedthe proposedintervention.
4. The Resolution proposed byRiscanto to extendand expandUNMORPH'smandate was
defeated, with tenmembers voting infavor, and fiveopposed, of whichtwo were permanentmembers. The secondResolution wasdefeated by nine votesin favor and sixopposed, includingthe same twopermanent members.
5. On the same day, theAssembly of R-FAN,
comprising onerepresentative of eachmember state, votedto endorse unilateralRiscantonintervention inAligium. Seventeenmembers voted infavor and sixabstained from voting.Aligium cast the onlynegative vote, and itsrepresentativepromptly walked outof the session as soon
as the result wasannounced. TheAssembly of R-FANthen unanimouslyadopted a resolutionwhereby all memberstates agreed to admitDaihatsu refugees intotheir territories.
6. On 31 July, the Secretary-General announcedthe termination ofUNMORPH effectivemidnight local time.
The next morning,armed helicoptersbegan to ferryRiscanton specialforces, with supplies,into Camp Tara. TheCommanding Generalof the Riscanton Armyissued a proclamationdeclaring thebeginning of"Operation ProvideShelter" (OPS). Bythe following week,Camp Tara housed
6,000 armedRiscanton troops,who remained underthe command ofMajor-GeneralSkylark.
7. The next day, the new PrimeMinister of Aligium,Carl Phoenix,prepared a letter tohis Riscantoncounterpart, which inrelevant part, read asfollows:
Your armed invasion of mycountry is withoutjustification, and withoutrecent precedent amongcivilized nations. It notonly violates thesovereignty of Aligium, butthreatens the entireinternational legal order. Itis inconsistent with everyprinciple that keeps theinternational communityfrom descending intochaos. It is also, I must addwith great sadness, an act
of war. We never expectedor deserved such treatmentat the hands of a nationwith which we have sharedso much.
Our government andpeople will, in the comingdays, respond to thisunprovoked attack withconviction and integrity. Inthe meanwhile, we invitethe nations of the world tojoin in what we fully hopewill be universal
condemnation of thisassault on our homeland.
1. Aligium did not mount anykind of militaryoperation to removethe OPS troops.Requests by Aligiumthat the SecurityCouncil convene ameeting to discuss thesituation wereunsuccessful.
2. On 15 August 2013, theParliament ofAligium, proclaimingthat it intended tohonor the memory andpolicies of GregoryBright Sun, by a voteof 102-98 adopted anew Judicial Codeentitled "TalonnicLaw for our Times."Two of its chapters,"On Women's Rights"and "On the Death
Penalty," immediatelydrew criticism frominternational humanrights organizations,including ILSA. Thechapter "On Women'sRights" provided thatlocal registries wouldnot record ownershipof real property orbusinesses in thenames of women,unless they occupiedtheir residences oroperated their
businesses. By 15September, hundredsof petitions had beenpresented toprovincial officialsseeking to void thetitles of Daihatsuwomen who had fledAligium, on thegrounds that theirabsence forfeitedtheir ownership rightsunder the new law.Nearly all of thesepetitions were
granted, and theproperties were madeavailable to localZara citizens.
3. Skirmishes broke out in theNortheast Provincewhere there had beenviolence earlier in theyear. OPS troopswere transported tothe region byhelicopter, and theyquickly extinguishedthe uprisings, with
little loss of life.According toconfirmed reportsfrom the field, Aligianpolice did not engagein any enforcementactivity of their own,and made no attemptto prevent the OPSforces fromintervening.
4. Between 1 August and 30September 2013, OPSwas involved in an
average of threeoperations per week,performing a numberof policing functionsto confiscate illegalweapons and to breakup potential riots inthe NortheastProvince. Only one ofthose operationsinvolved substantialcasualties: ademonstrationorganized by localwomen's
organizations,protesting aspects ofthe Talonnic Law, on28 August 2013, inwhich 25 peoplewere reported killedby Aligian policebefore OPS troopsarrived on the scene.
5. On 17 September 2013,Prime MinisterPhoenix sent adiplomatic note to hiscounterpart in
Riscanto, which readin relevant part asfollows:
Excellency: MyGovernment hasconsistently protested inthe strongest terms thecontinued presence of theRiscanton army on thesacred and sovereignterritory of Aligium. Asyou are well aware, theSecurity Council decidedto shut down the mission of
UNMORPH, andRiscanto's efforts to obtainSecurity Councilendorsement of its plannedinvasion of our countrywere rebuffed. Nothing inlaw or fact warrants thefurther occupation ofAligium by your army.
Finally, we insist that yourarmed forces leave theterritory of Aligiumimmediately, and wereserve all of our rights
should they fail to do so.Specifically, I inform youof our intention to pursuelegal action againstRiscanto before theInternational Court ofJustice.
1. The Riscanton PrimeMinister replied on19 September:
Excellency: we seek noconfrontation with you oryour Government. The
temporary presence of ourforces has been driven byour responsibility to helpavoid a humanitariandisaster, and I wouldrespectfully point out thatthe absence of large-scaleviolence in your countrysince the beginning ofOperation Provide Shelteris eloquent testimony to thesuccess of our endeavors.
While Riscanto believesthat it has the right to act
unilaterally in thesecircumstances, it is alsoour view that OperationProvide Shelter is legallyjustified by Aligium'sfailure to comply withSecurity CouncilResolution 6620, and bythe Council's invitation tothe internationalcommunity "to remainvigilant and prepared toprovide humanitarianassistance" in your country.
We are aware of theintensity of your oppositionto the continuation of ouractivities in Aligium. Yetall must acknowledge thatOPS operations haveresulted in a substantialreduction in violence and adecline in the threat offuture ethnic cleansing. Ican assure you that we willnot abandon the people ofyour country until afunctioning government ofAligium is both willing
and able to protect them.
I note, however, withsatisfaction yoursuggestion that this matterbe referred to theInternational Court ofJustice for adjudication.
45. After bilateralnegotiations, Aligium andRiscanto submitted a writtenapplication to the Registrar of theCourt on 30 September 2013,together with this Compromis.
The parties have undertaken toabide by the results of thisproceeding.
Applicant, Aligium,requests that the Court:
declare that the occupation ofAligian territory by Riscantonarmed forces since 1 August 2013has been and continues to be aviolation of international law, andorder Riscanto to remove itsmilitary personnel from Aligiumat once.
Respondent, Riscanto,requests that the Court:
declare that the presence of theRiscanton military forces inAligium has been and continues tobe fully justified underinternational law.
