ARBARRA (APPLICANT)

1) The military action in Massales violates International Law.

a. UN Charter, Article 2(4): All Members shall refrain in their international
relations from the threat or use of force against the international relations from
the threat or use of force against the territorial integrity or political
independence of any state, or in any other manner inconsistent with the
Purpose of the United Nations.
i. Use of force is a broader concept than the prohibition of war
ii. Use of force does not just entail those against the integrity or political
independence of any state.
iii. Use of force inconsistent with the Purpose of the United Nations (Art. 1
of the UN Charter)
1. UNGA 120 member states condemned the voting conducted
(par. 13)
2. Humanitarian intervention as a reason for the annexation of
Masales is invalid because it is inconsistent with Art. 2 (4).
Opinio juris on international law by Brunno Simma states that:
The question of the legality versus the illegality of so-called
humanitarian interventionif the Security Council determines
that massive violations of human rights occurring within a
country constitute a threat to put an end to these violations,
humanitarian intervention by military means is persmissible.
In the absence of such authorization, military coercion
employed to have the target state return ot a respect for
human rights constitutes a breach of Art. 2(4) of the UN
Charteras long as humanitarian crises do not transcend
borders, as it were, and lead to armed attacks against other
states, recourse to Art. 51 is not available
1

Counter-argument: ARBA allows for military
intervention
Counter-counter: Staying
b. ICJ*
c. Vienna Convention on the Law of Treaties*
2) The referendum was invalid under International Law.
a. Militarry presence then protests after
b. Claim to self determination: 1) establishment of a new state and 2) no
establishment of a new state but other forms such as free from external
coercion, or the claim to overthrow effective rulers and establish a new
government, assertion of the right of revolution or the claim of people within an
entity to be given autonomy.

1
Bruno Simma, NATO, The UN and the Use of Force: Legal Aspects, 10 EUR. J INTlL. No.
1
ARBARRA (APPLICANT)
i. Note: international law has not recognized a right of secession from a
legitimately existing state (Bernas)
1. Kosovo (requisites: sece
2. Recognition

3) Chapin Grace is a refugee
a. Refugee status: means a de facto stateless persons are those who have a
nationality but to whom protection is denied by their state when out of the
state.
i. temporary detention is a necessary step in the process of exclusion or
explusion of undesirable aliens and that pending arrangemtns for his
deportation, the Government has the right to hold the undesirable alien
under confinement for a reasonable length of time (Mejoff v director
of prisons

4) The food blockade was a lawful counter-measure.
a. Self-help
b. State Protection
c. What is a valid counter-measure?