24. You are now going to hold an International Law moot.

Background information

Case A

Jane Bond is a British Intelligence agent who enters Japan as a businesswoman under a false name. While trying to steal an important military secret she kills a Japanese guard. She is arrested and tried for murder by the Japanese authorities. At this point the British Government claims responsibility for the agent's acts.

Case B

HMS Union is berthed in New York harbour under the command of Captain Kirk of the Royal Navy. British intelligence informs the Admiral of the Fleet that the Tipperary, a boat carrying arms for the IRA (the Irish Republican Army, responsible for terrorist attacks against Britain) is about to leave the harbour. The Admiral orders Captain Kirk to take any necessary action to stop the Tipperary. Captain Kirk orders his crew to sink the Tipperary. Two crew members of the Irish boat are killed in the attack. The Captain is arrested and charged with murder.

Notes: moot – навчальний судовий процес (у навчальних закладах)

harbour – гавань, порт

HMS Union – Британська субмарина

Problem

You should decide using information from the cases. Is she/he personally liable or not?

Task

Choose CASE A or CASE B below. Use the information from the article you have read on the “Rainbow Warrior” affair to decide the legal position of Jane Bond or Captain Kirk under International Law.

For each case, appoint students to act as counsel for the applicant State and counsel for the defendant State. The other members of the class will act as judges or arbitrators in the case they have chosen.

In this activity you are going to play the roles of counsel for the applicant state, counsel for the defendant state and judge or arbitrator.

Prepare your role(s) carefully.

Hold the moot, at which first the applicant state, then the defendant state are represented in court. Decide who has won the case and deliver judgment.

Brainstorming session

1. What does the term “international crime” mean?

2. What does the term “liability” mean?

3. Why did Jane Bond take a false name?

4. Why didn’t the British government give the immunity?

5. Which jurisdiction will be applied?

6. Which country has the right to punish her?

7. What penalty must be imposed on Jane Bond for using the false name under Japanese law?

8. Were the actions in Case A and B under the British jurisdiction?

9. Should the international maritime law be applied to this case?

10. What penalty must be imposed on the Captain?

Section g Test (Time Limit – 45 minutes)

Task 1. Fill in the gaps choosing the correct word. Only one word is correct.

Model: 1- b

The Rainbow Warrior sinking ____(1) did not have ____ serious consequences for peace. It was an officially inspired ____(2)_____ operation with strictly limited intentions. Nevertheless, ____(3)_____ the UN Charter was signed inter­national _____(4)_____ have increasingly addressed the problem of low-level uses of force. French action clearly fell within the broad concept of international _____(5)_____ encompassing acts short of belligerency such as “violation of the _____(6)_____ of a foreign State, violation of foreign territorial _____(7)_____, or any other internationally illegal act”. The attack and the _____(8)_____ of New Zealand sovereignty _____(9)_____ universally condemned as contrary to international law, and the French _____(10)____ Memorandum presented to de Cuellar conceded in section 5 that the abuse of New Zealand sovereignty ______(11)_____ illegal.

The French government initially claimed that its agents had merely engaged in _____(12)______. A more accurate description, ____(13)____ the covert nature of the job, would be “spying”. Unfortunately, as Richard Falk observed: “traditional international law is remarkably oblivious to the peacetime practice of espionage”; and while Articles _____(14)_____ of the 1907 Hague Convention deal with spying in _____(15)_____, there is no peacetime equivalent. Many ____(16)_____, however, would agree ____(17)_____. Falk who characterized espionage as illegal but ____(18)_____ in many countries. By contrast, Julius Stone argued that spying ____(19)____ was not illegal – as distinct from the collateral activity such as territorial intrusion. Stone advocated “reciprocally tolerated espionage” for the superpowers as a kind of confidence-building measure. But such an approach is inappropriate to New Zealand and ____(20)_____ for whom, as far as one can tell, reciprocal spying is ____(21)_____ an assumed aspect of their relationship. In the event the New Zealand authorities ____(22)_____ the “surveillance” by French agents and concentrated on the attack itself.

A	B	C
1. does not have	did not have	had not had
2. military	civilian	hostile
3. for	since	till
4. politics	publicists	lawyers
5. delinquency	wrongs	offences
6. dignity	untouched	supremacy
7. superiority	defect	supremacy
8. spoilage	infringement	delict
9. was	are	were
10. government's	governments	governments’
11. has been	had been	is
12. contemplation	surveillance	neglect
13. given	giving	to give
14. 31-33	28-41	29-31
15. teatime	peacetime	wartime
16. jurists	soldiers	journalists
17. to	with	about
18. tolerated	aggressive	shy
19. himself	themselves	itself
20. USA	Ukraine	France
21. faintly	hardly	heavily
22. disregard	ignored	omit

Task 2. Use your knowledge of English law and International Law and law terms to choose the correct alternative and complete each of the sentences below.

23. Two Direction Generate de la Securite Exterieure – the French Secret Service (DGSE) agents using _______ were arrested in New Zealand.

A money

B bombs

C false names

D flowers

24. The agents plead guilty and were sentenced to ten years’ imprisonment for __________.

A manslaughter

B buying a car

C shoplifting

D speeding

25. The parties continued ________ for several months before a settlement to the dispute was finally reached.

A arbitration

B negotiations

C friendly chat

D reparation

26. New Zealand had notified France that it would take _______ to secure compensation from the French State.

A simple steps

B common steps

C legal steps

D stupid steps

27. A number of crimes against international law are created by _______ and convention.

A case

B custom

C tradition

D treaty

28. France reached a settlement with the family of Fernando Pereira, encompassing a formal __________.

A present

B apology

C explanation

D punishment

29. The UK Government refused to ______ the accused on the grounds that she was a political offender.

A convict

B charge

C remand

D extradite

30. A State may have to make reparations to victims for _____ of its agents abroad.

A infringements

B damage caused by criminal acts

C espionage

D prosecutions

31. There can be no ________ some of the rights protected by the European Convention of Human Rights.

A derogation from

B immunity from

C provision for

D repeal of

Task 3. Match the term in line A with their definition in line B.

A	B
32. belligerency	a) an agreement or decision which ends an argument or dispute.
33. conspiracy	b) to give a person who is suspected of or has committed a crime in another State to the authorities of that State for trial or punishment. It is governed by treaties between the two States and does not apply to political offenders.
34. negotiations	c) to say you are sorry.
35. settlement	d) the state of being at war.
36. to apologize	e) the crime of unlawful killing in various circumstances, e.g. where death is caused by accident or unlawful act but without the intention to kill necessary for murder.
37. arbitrator	f) the breach of a law or violation of a right.
38. concurrently	g) the discussion of terms and conditions to reach an agreement.
39. to extradite	h) criminal behaviour.
40. manslaughter	i) taking place at the same time, e.g. two prison sentences which take place at the same time.
41. delinquency	j) an independent third party who is chosen by both sides involved in a dispute to try to settle it, as an alternative to court proceedings.
42. infringement	k) an agreement between two or more persons to do something which will involve at least one of the parties committing an offence or offences. For example, two people agree that one of them shall steal while the other waits in a car to escape after the theft. The agreement to commit the crime is itself an offence.

Task 4. Fill in the missing prepositions from the list:

from in under through by at

A preposition may be used more than once.

But most extradition is done ____(43)_____ the hundreds of extradition treaties concluded during the last two centuries ____(44)_____ response to the enormous increase ____(45)____ international travel following the invention of railways, the steamship, sealed roads, motor vehicles and the airplane. Most are bilateral and specify the crimes that are extraditable, usually serious offences such as those punishable by imprisonment for ____(46)_____ least one year.

The request for extradition is normally made formally ____(47)____ the diplomatic channel, accompanied ____(48)____ the arrest warrant, information about the identity of the accused, and the basic facts of the offence.

Domestic law and extradition treaties often provide that a “political offence” is not extraditable. This political exception is not required by international law, and must be clearly distinguished _____(49)____ provisions ____(50)_____ domestic law or mutual legal assistance or extradition treaties.