2) Andler government is effective

The next important criteria to determine whether the government is legitimate or not is the criteria of effectiveness. And this requirement states that to be called government “a group of people should be in effective control of the state”¹⁰. As it follows from the Compromise provisions at the moment of general Andler assumption of power the atmosphere in the state Aprophe was far from being peaceful. The country was whirling from nationwide strikes and almost half of the population lost its faith in the prior government. It is important to mention that president Green himself mentioned lack of order in the country and despite that fact preferred to escalate this conflict with military interference.¹¹ Therefore Green was the first to involve military in this situation. On the other hand, during its short existence Andler government was able to prove its effectiveness. This government managed to restore peace and order on the most part of the State. And there is no evidence of social unrest or civil rights and liberties disrespect on this territory. Thereby in fact new government succeeded not only in restoring the order but also in maintaining thereof.

Moreover, it is important to mention that the effectiveness of new-established government has a significant role in recognition of this government as the rightful one. For instance, Tinoco arbitration confirmed that “an entity is a government if it is in effective control of the state”.¹² And, furthermore, now lots of modern states in their external policy of government recognition follow the practice of assessment whether the government is able to exercise the effective control of the territory of its state.¹³ Under Applicant’s earnest conviction the facts that Andler managed to declare a state of emergency, to establish order on most part of the country, to respect human rights and liberties and just to run a country means that Aprophe’s authorities recognized her government and executed its decisions. And therefore it follows that Andler government meets the criteria of effectiveness.

3) Andler government has the full right to represent Aprophe in the icj

It is important to mention that Andler promised to call new elections. It should be noted that even in such unstable atmosphere Andler found it possible not to forget about this democratic institution. The fact that the date of new elections was not announced immediately is natural in the light of the situation that took place in the country. Thus calling a new elections in such unstable time would not be appropriate since it would be impossible to carry out normal pre-election campaign and to observe electoral rights of the Aprophe citizens. Therefore, new-established government could not be blamed for the unlawful retention of power.

In addition, Andler possesses the right to represent Aprophe since most of the population accepted her government. As it follows from the internal policy of Andler government the Aprophian concerns were put on the first place. The most stressful factors, which created tension in society, were removed (Comp 27). Hence Aprophian policy was dedicated exclusively on the state’s interests. And this indicates that new government was not under foreign state control, it was independent in its declaration of intents and activities.

In fact Andler is the Head of the Aprophe's government which makes her able to represent¹⁴ Aprophe in the Court in accordance with international law. Moreover she has been recognized in this status by several states and the aspect of recognition was among the Court's arguments which served as a motivation for rejection of Yugoslavia's preliminary objection in case Bosnia and Herzegovina v. Serbia and Montenegro¹⁵. Consequently, Andler has jurisdiction to “act in her capacity as representative of the people of Aprophe”¹⁶. Apart from this, the decision upon whether Andler has the right to represent Aprophe should be “considered in the light of Purposes and Principles of the UN Charter and the circumstances of each case”¹⁷. Therefore, whereas Andler government is not only willing to carry out all the obligations of the Aprophe's legal government but also possesses the power to do so¹⁸, exercises the authority within the country's territory and is sided with the most of the population, we believe that this government should be granted with the right to represent Aprophe in the International Court of Justice.

C) Green’s government in exile is illegal

1) Ex-president Green had no legal right to form new government

Applicant is strongly convinced that Green’s so called “government in exile” is not legitimate and can be proclaimed in no way as Aprophe’s legal government. We believe that from the exact moment of Green's attempt to usurp power by postponing the legal elections, all his actions must be considered as illegal. Since afterwards his activities were aimed exclusively at the illegal retention of this power. Green in fact made it impossible for anyone else to be nominated as a candidate in presidential election by postponing it and not appointing the concrete date of election. It is obvious that normal election campaign just may not be held in the atmosphere created with the help of Green's emergency powers. Therefore, Green's actions aimed at the usurpation of power violated electoral rights of the Aprophe citizens. And this, in turn, contravenes the language of the International Covenant on Civil and Political Rights which states that every citizen is entitled to vote to be elected¹⁹. Hence on a country scale this attempt to retain the power resulted in massive human rights violations.

It is important to mention that in the international practice there were precedents in which some countries refused to recognize governments-in-exile which were guilty of massive human rights violations. Despite the reason of the government-in-exile establishment United Kingdom and Australia refused to recognize Pol Pot Government²⁰. Following this logic we suppose that Green's government which is liable for the gross human rights violations may not be recognized as a rightful government of Aprophe. To sum up, Green’s government in Rantania can not be called Aprophe’s legal government due to the fact that the person formed it lost his right to represent Aprophians.