The case of North Manconia

Clarifications

 

1. At one point in the case, it says that Mr. Neville benefited from "immunity from civil proceedings"; at another point it talks of "criminal immunity". Does Mr. Neville benefit from both civil and criminal immunity, or just one? If so, which one?
A. The test-case brought in RNM (paragraph #25) was a civil action, and was struck out on the basis that Mr Neville had immunity from such proceedings. Whether Mr Neville has immunity from criminal jurisdiction is one of the questions before the ICJ.
 
2. Why and how Mr. Neville chose particular members of Blue community of whom to relay information regarding their precise home and work addresses?
A. No information available.
 
3. Were criminal procedural guarantees observed in regard to Mr. Neville during his apprehension in Orangestan?
A. Mr. Neville was not subjected to any physical ill-treatment. No further information is available.
 
4. Has the UN Security Council adopted any resolution regarding the establishment of the mixed UN-RNM hybrid tribunal and, if so, what is its content?
A. Beyond what is contained in paragraphs #19 and #24, no further information is available.
 
5. What are the functions and responsibilities of Mr. Neville, as a Minister for Culture, Media and Sport?
A. Mr. Neville has standard ministerial duties (i.e. overseeing the activities of the relevant departments). Beyond the clarification provided in the answer to Q. 20, below, no further information is available.
 
6. How frequently does Mr Neville cross the borders of the Republic of Northern Manconia?
A. Mr. Neville attended the Regional Culture Ministers’ Meetings in April 2010 and May 2011, both of which were held outside RNM. No further information is available.
 
7. Have the United States of Merseystan (USM) ratified the International Covenant of Civil and Political Rights 1966 (ICCPR)?
A. Yes.
 
8. In what state was the process of establishing the UN-RNM Tribunal by May 2011 (e.g. have any of the disagreements been solved)?
A. The situation described in paragraph #24 has not changed in any significant way.
 
9. To what extent are genocidal acts regulated in RNM's national legislation?
A. RNM does not have any specific legislation on genocide.
 
10. When did Orangestan acquire knowledge of the fact that USM took custody over Mr Neville in their territory?
A. Orangestan was officially notified by USM on 13 May 2011.
 
11. Is USM a member of the United Nations?
A. Yes.
 
12. Is there any progress with the establishment of the hybrid UN-RNM Criminal Tribunal after December 2010?
A. See answer to Question 8, above.
 
13. What is the intention of the Security Council while adopting Resolutions 3778 and 3782 by acting under Chapter VII?
A. No further information is available.
 
14. Was there any intervention for provocative speeches of DJ Red Nev at the time mentioned?
A. No further information is available.
 
15. Are there any criminal proceedings opened in RNM against Mr. Neville or any other individual accused of involvement in the genocide?
A. No; see also answer to Question 8, above.
 
16. Did the events in July-August 2009 lead to the displacement or the loss of life of any nationals of the USM, and if so, was their number significant?
A. No; see answer to Question 21, below.
 
17. Is there an extradition treaty between the USM and RNM containing clause prohibiting abduction?
A. There is no extradition treaty between these States.
 
18. Did the Agreement on National Reconciliation of the Republic of Northern Manconia contain any amnesties for government officials or other individuals?
A. No.
 
19. Do the threats of a veto by two permanent members of the SC as well as USM’s governments unwillingness to send troops indicate the belief of these states that there was no responsibility by the international community to prevent genocide in the sense of paras. 138/139 World Summit Outcome 2005?
A. No further information is available.
 
20. Did Mr. Neville have the authority to negotiate and/or conclude a treaty at the annual Regional Culture Ministers’ meeting in Orangestan?
A. Mr. Neville did not have the authority to negotiate or conclude treaties on behalf of RNM.
 
21. According to para 6 Blues resettled to the USM "taking advantage of generous citizenship laws" - does this mean that Blues became citizens of USM?
A. A number of the Blues who resettled from RNM before the outbreak of violence (paragraph #6), as well as some of the refugees who arrived in July-August 2009 (paragraph #16), have initiated naturalisation procedures in USM. While these laws are generous in terms of criteria, however, the process is lengthy and none of the applicants had acquired USM citizenship as of 10 May 2010.
 
22. para 29: Neville was assisted by the local RNM consulate - was the RNM consulate assigned by USM?
A. All relevant provisions of the Vienna Convention on Consular Relations were complied with by USM. No further information is available.
 
23. Is RNM party to the Vienna Convention on Diplomatic Relations?
A. No.
 
24. What were the specific functions of Mr. Neville being a serving Minister for Culture, Media and Sport?
A. See answers to Qs. 5 and 20, above.
 
25. Why did the RNM disagree with the establishment, and later with the composition of the hybrid UN-RNM Tribunal, in particular, with the ratio of national to international judges on each of the Court's chambers, the method of appointing national judges and the applicable law in regards to the hybrid UN-RNM Criminal Tribunal?
A. Beyond what is contained in paragraphs #19 and #24, no further information is available.
 
26. Was the Special Forces Unit from the USM army acting on behalf of the government of USM?
A. Yes
 
27. During the months of July and August 2009, in which way did the influence of the former leaders of the Keanos Movement conditioned the action of the Vice-Presidents's Government in RNM?
A. No further information.
 
28. Are the RNM and the USM located in the same region of the globe?
A. Not material.
 
29. Do RNM Ministers have under RNM Law immunity from both civil and criminal action, or just from the former?
A. Beyond what is contained in paragraph #25, no further information is available.
 
30. Is Orangestan a party to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide?
A. No.
 
31. Is the case concerning Mr. Neville the subject of any further litigation within the territory of the RNM?
A. No; see also answer to Question 8, above.
 
32. How strict are the generous citizenship laws of the USM for nationals of former colonies: is citizenship of the USM almost automatically granted to this group?
A. See answer to Q. 21, above.
 
33. How many Blues are citizens of the USM, both before and after the crisis in the Republic of North Manconia? What percentage of the USM population is this?
A. See answer to Q. 21, above.
 
34. How many Blues, living in the Republic of North Manconia at the time of the atrocities, are also citizens of the USM, or is dual citizenship allowed?
A. See answer to Q. 21, above.
 
35. Para. 28 of the case indicates that the government of RNM has registered strong protest with USM directly, and with the UN Security Council. What was the reaction of Security Council to this issue? Has it adopted any resolutions to solve this international problem?
A. The Security Council has not adopted any resolutions on this matter. No further information is available.
 
36. Are RNM and USM state parties to the Rome Statute of the International Criminal Court?
A. USM is a party to the Rome Statute, RNM is not.
 
37. Was any progress made with the establishment of the hybrid UN-RNM Criminal Tribunal during the period from December 2010 to 12 May 2012 (when Mr. Neville was kidnapped)?
A. See answer to Question 8, above.
 
38. Did those Blues, who habitually resided on the territory of RNM at the time of secession acquired nationality of this country?
A. Yes. Under the 2008 Agreement (paragraph #5), following a transitional period of 6 months, all habitual residents of RNM acquired citizenship of that State. Dual RoM/RNM citizenship was not permitted.
 
39. Is RNM (and/or) USM party to the ICC's Statute?
A. See answer to Q. 36, above.
 
40. Do functions of Minister for Culture, Media and Sport in RNM include representation of the state on the international plane (not only as one-time situation, but in general)?
A. See answers to Questions #5, #20 and #57. No further information is available.
 
41. What is the status of the Blues (that fled from RNM during the genocide) currently living in USM, i.e. have any of them received USM's nationality?
A. See answer to Q. 21, above.
 
42. Are any of the parties to the case parties to the ICCPR, any other human rights conventions, or the Rome Statute?
A. See paragraphs #22 and #31, as well as answers to Questions 7 and 36, above. RNM is not a party to the ICCPR. No further information is available.
 
43. Did the disagreements regarding the UN-RNM Tribunal (para 24 of the Compromis) appear specifically in the negotiations between RNM and United Nations or at some other time or between some other actors?
A. Beyond what is contained in paragraphs #19 and #24, no further information is available.
 
44. What is the proportion of the Blue (refugees and citizens) regarding the entire population of USM?
A. See answer to Q. 21, above.
 
45. What was the exact political procedure of the appointment of Minster Neville in the RNM?
A. The appointment of Mr. Neville was in full compliance with the laws of RNM. No further information is available.
 
46. What’s the political system in RNM regarding the duration of the terms for a Minister in office and is there a ultimate limit?
A. RNM law requires that a general election be held every seven years, but does not preclude Ministers from being re-appointed.
 
47. Vis-a-vis point 6 - if all the blues leave from RNM or where they from other regions of RoM when they resettled to USM
A. Beyond the information in paragraph #6, no further information is available.
 
48. Where is Blueburg located in the Country?
A. No further information is available.
 
49. Can Orangestan file an application for intervention to the case before the ICJ?
A. Orangestan has not sought to intervene under Article 62 of the Statute of the Court, nor has it given any indication that it plans to do so (see paragraph #28).
 
50. Does USM have a right to raise a counter-claim?
A. In theory, yes (Article 80 of the Rules of Court). However it has not done so.
 
51. Is Orangestan a party to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide?
A. No.
 
52. Did the stationing of the AFRM exceed six months after the conclusion of the Agreement on National Reconciliation?
A. No.
 
53. Does RNM have an enacted constitution?
A. No information is available.
 
54. Is there an extradition treaty between RNM and USM?
A. See answer to Question 17, above.
 
55. Is there any rule in the USM legal order which provides for the prevalence of customary international law?
A. No information is available.
 
56. Which were the reasons opposed by RNM to justify the refusal of the extradition of Mr. Neville?
A. RNM’s letter of 20 July 2010 refusing the request for extradition noted that Mr. Neville occupies a Ministerial position, but did not include detailed reasons for the refusal.
 
57. Has a treaty ever been negotiated or concluded in the occasion of an Annual Regional Culture Ministers Meeting?
A. No treaties have been negotiated or concluded at the Regional Culture Ministers’ meetings. However, in recent years the meeting has concluded with the adoption of non-binding resolutions on regional co-operation in this area.
 
58. Was Mr Neville kidnapped from an RNM embassy building (in Orangestan)?
A. No.
 
59. Are either USM or RNM a party to the Convention on Special Missions 1969?
A. No.
 
60. How many Ministers make up the RNM executive?
A. No further information is available.
 
61. On what grounds was the extradition of Mr Neville refused?
A. See answer to Q. 56, above.
 
62. Were among the individuals that died in July 2009 also individuals targeted in the statements of Mr. Neville?
A. Yes
 
63. What is the precise date of the commencement of criminal proceedings against Mr. Neville in the USM?
A. The USM prosecuting authorities opened their investigation on 15 February 2010. An arrest warrant for Mr. Neville was issued on 30 April 2010.
 
 
 


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