The 2011 Jessup Compromis addresses the legality of the use of unmanned drones and international anti-corruption law.
Summary of the Case
Ardenia (Applicant State) and Rigalia (Respondent State) share a mountainous border region inhabited by the ethnic Zetians people, who practice the Masinto religion. Zetians have been granted full citizenship rights by both states. For many years, the Zetian Democratic Party (ZDP), which reportedly represents more than 75% of the ethnic Zetians of Rigalia, has sought to form an independent Zetian State to unite the 5 provinces that straddle the border between Rigalia and Ardenia.
In 2009, a group of ZDP leaders began protesting against the Rigalian Government to seek independence and an increased share of the revenues from the coltan mining operation in the Northern Provinces. The Rigalian government responded by arresting protestors. The separatists responded with violence, including a suicide bombing by a man wearing a Mavazi, a traditional head covering made from the hide of the Zorax required to be worn by women and girls of the Masinto faith.
Rigalia proceeded to ban the Mavazi and request that a third state, Morgania, use Predator Drones (unmanned aerial vehicles) against separatists hiding in the border region. The Drones were launched from a Morganian Air Force Base located in Rigalia. More than 50 strikes were made against suspected Zetian separatist leaders and 230 civilians were killed. One strike targeted and killed Adar Bermal, a top separatist commander, together with his family at his home in Ardenia. The Drone operator was distracted at the time and also struck at the nearby Bakchar Valley Hospital, killing 150 civilians and wounding 200 more.
One of the ZDP’s complaints centered on the proceeds of natural resource exploitation in the Northern Provinces. In 1994, RRI, a Rigalian state-owned corporation, issued a call for tender for the exploration and development of the Moria Mine, located within the Northern Provinces. The contract was awarded to MDI, an Ardenian state-owned enterprise. The Moria Mine contract was renewed in 2002. It was reported in the media that MDI had secured this contract renewal by payments to Clyde Zangara, the nephew of RRI’s President, Leo Bikra, as well as to the Zetian Refugee Fund, a charity founded by Zangara. MDI was accused of paying undocumented fees to provincial Zetian tribal councils to ensure the smooth delivery of the product to RRI’s plant.
Rigalia sent a request for mutual legal assistance (MLA) to Ardenia, inviting its government to provide information regarding MDI’s activities in support of the ZRF and possible financial transactions with Clyde Zangara and the members of the tribal councils. Ardenia initiated an inquiry but did not respond to the request. After strong lobbying efforts by MDI, Ardenia dropped the inquiry referring to the wider public interest in security and a concern over the cost of the investigation. The Committee for Responsible Business Conduct (CRBC), a Rigalian NGO, filed a complaint against MDI and RRI for violation of Chapter VI of the OECD’s Multinational Enterprises (MNE) Guidelines. The complaint was filed with the Ardenian National Contact Point (NCP), a government office designed to resolve issues concerning the implementation of the MNE Guidelines. The Ardenian NCP responded that the complaint should be dealt with by the Rigalian NCP where the alleged misconduct ocurred, the MNE Guidelines did not apply to RRI, and that it could not deal with the complaint since investigations had been launched in Ardenia and Rigalia concerning said allegations..
Ardenia and Rigalia submitted their dispute to the International Court of Justice (ICJ) on May 5, 2010. In a preliminary proceeding, the Court held that Morgania was not a necessary party to the case.
The following issues were submitted to the ICJ for settling this dispute:
1. Do Rigalia’s Prredator Drone strikes against Rigalia and Ardenia violate international law and should the Court order their immediate cessation?
2. Was the attack on the Bakchar Valley hospital attributable to Rigalia; does Rigalia have an obligation to investigate the attack to compensate Ardenia and, furthermore, was the attack a disproportionate and unlawful act of aggression against the people of Ardenia or rather part of a legitimate and proportionate operation to defend against Zetian terrorists?
3. Does Rigalia’s ban of the Mavazi for Zetial women and girls violate their rights under international law?
4. Did Ardenia breach the OECD Anti-Bribery Convention or the OECD Decision on MNE Guidelines?