[GA] ICJ Case #005

[NagandEmerald]

@Moe (Defendant) @Odinson (Judge) @Naio90 (Judge) @HeadlessSeeker (Judge) @JJSmithJr (Judge) @Dutchy (Judge) @John (Judge) @Retroliser (Witness(es)) @Logan (Potential Witness(es)) @Ellie (Potential Witness(es)) @Connor (Potential Witness(es)) @Sumit (Potential Witness(es))

THE GLOBAL ASSEMBLY (EST 2010)​

INTERNATIONAL COURT REFERRAL​ SECRETARY GENERAL​ COURT LOCATION​ # SERIAL NUMBER​ Mr. Gregory Figueroa​ The Hague, Netherlands​ First 3 Letters of Nation​

​ [REFERRAL MEMBER]: Sonja Seifried, Representative of the German Delegation to the Global Assembly [DATE]: 16/02/2019 [THE DEFENDANT]: President Victor Romero / Federative Republic of Brazil [ALLEGED OFFENCES]: Defamation, Violation of International Law (Chapter 5: Art 2 — Resolution for International Relations), Espionage, Trespassing on Government Property, Terrorism, Illegal Seizure of Government Property, Resisting Warranted Arrest, Manipulation of a Foreign Government, Damage of private property, general belligerence, multiple counts of assault, unwillingness to settle [DATE OF ALLEGED OFFENCES]: June, 2013 (IC) [STATEMENT OF EVIDENCE]: Note that this case may overlap into other cases of similar nature regarding Brazil, and it should be requested the cases all be combined for the sake of further evidence regarding Brazil's violations of international law. The Case Itself: The Federal Government of the German Realm had sent out a public notice of persona non grata to all diplomatic personnel from Brazil, and gave the Federative Republic of Brazil 48 hours to leave the prosecutor's [Germany] borders after recalling its own diplomatic personnel and citizens (of which was followed to the letter, without interference from the Brazilian government), as is mandated by Chapter 2, Art. 5 of the Global Assembly Resolution for International Relations; this was done in response to the crude, belligerent, and frankly racist/derogatory way that Brazil referred to the states of Taiwan and Sweden, as well as the implied threats to France and Italy. 48 hours pass, with a clear intent to ignore a publicly-made message from Brazil — as well engaging in further belligerence and crude behavior towards other countries across the European Peninsula and towards Taiwan — and the prosecution convenes its Cabinet to discuss on the matter of the Accused [Brazil] in its lack of cooperation. It was decided that the diplomats were given a warrant for their arrest for trespasses on private property — not for espionage or for other crimes that would constitute any major sentencing — and, as claimed by the former Interior Minister, he acted impulsively and, instead of giving a final warning, he attempted to assault the embassy and consulates, having been given a warrant to arrest the diplomatic staff of the diplomatic missions only. The siege grows wildly out of control, however, as resistance becomes stiff, and — according to witnesses and the hostages themselves — the Brazilian diplomats took hostages at gunpoint and threatened the federal police with retaliatory force for a valid warrant for their arrest. During the course of the siege, the head of the diplomatic mission in Berlin from Ottoman-Turkey, one Doctor Mason — and his colleague, one Detective-Inspector Yuksel Karaca — chose to intervene the situation to negotiate, which was allowed by Federal Police under the command of Hauptkommissar Eugen Albrecht. During negotiations, His Imperial & Royal Majesty, Friedrich IV — the Kaiser of the German Realm & King of Prussia — negotiated with the Volksrat to stop the siege, void the warrant for arrest, and allow the diplomats to leave only if the Federative Republic of Brazil would agree to pay reparations to the German Realm for the trouble and tension caused. The diplomats were allowed to leave, an apology issued by His Imperial & Royal Majesty for the tensions caused and any wrongdoings attributed to the Prosecution, and a public statement released by the Federal Government of the Prosecution after continued belligerence and defamatory behavior from the Defendant. Reich Chancellor Andrea Nahles, with the approval of the Federal Minister of Justice, the Royal Household, and the Constitutional Court stated that the Federative Republic of Brazil either must pay a settlement to the German Reich equating to 2.133-billion USD within a reasonable amount of time (2 OOC weeks), or that this issue would be brought to the International Court of Justice in the Hague if need be. The demands made for the settlement were very lenient in comparison to what was suggested by the Federal Minister of Justice, I quote: 1.2-billion USD (200-million for each of the 6 non-essential personnel hostages that were German citizens; for the trauma that was endured, each hostage will be awarded 10-million US dollars) + 503-million USD (property was illegally seized) + (foreign terrorism) 10-million USD per person (170-million USD) + 750-million USD (Defamation) + 200 million USD (emotional manipulation of the German government into acting rashly) for a grand total of $2,133,000,000 (USD), or R$4,588,829,550.00 (Brazilian Real) as of June, 2013. However, Defendant refused to pay out, and continued to defame and act belligerently against the Prosecution, resulting in a need for this matter to be brought to the court ASAP, despite the suspension of activities to the General Assembly; this was done, as it was felt that an appropriate punishment needs to be enacted against the defendant for raising world tensions, and for violation of the law. The Defendant, represented by the Federal Royal Household Minister Celina Kästner, will be presiding with Federal Justice Minister Rainer Balzer as the prosecuting lawyer. Punishment for the Defendant: Due to the circumstances of this entire ordeal, it should be noted that the Prosecution has changed the settlement terms — which have been stated for the record as having been as lenient as possible — due to the severity of Brazil's crimes and offenses. The additions of clauses include: An internationally-recognized warrant for the arrest and imprisonment of the diplomatic head of the embassy for ordering the hostages being taken to be imprisoned on German soil The change of the initial settlement from $2,133,000,000 to $3,443,000,000 in total due to an increase from 10-million to 20-million USD for terrorism charges — now to include espionage charges as a part of that (20-million USD for each person) — an increase to the defamation charge to 1-billion USD, and an additional 200-million USD in property damages to Embassy computers and equipment. A public apology to the Prosecution & official declaration of the Defendant as persona non grata to the Global Assembly for a total of no more than 5 years The disposition of President Victor Romero from office & the dismissal of his entire government from office due to the part they have had to play in the increase in world tensions If the defendant does not pay out the prosecution, should the case fall within the prosecution's favor, within a reasonable amount of time (2 OOC weeks), then it should be considered that Brazil surrenders its right to self-governance, and will be absorbed as a colony by a state of the Global Assembly's choosing. Punitive damages should also apply regarding the Defendant, should they plead not-guilty Requested Testimony: The Prosecution requests that this be an open testimony affair, should any other countries that have been wronged or threatened by the Defendant for similar offenses wish to bring forth witnesses or their own claims to the stand on behalf of their own nation, but the Defendant also wishes to provide its own witnesses: Hauptkommissar Eugen Albrecht — Commanding Officer of the Police Forces at the Berlin Embassy Doctor Mason — Turkish Head of the Diplomatic Mission in Berlin Detective-Inspector Yuksel Karaca — Neutral Mediator in the Incident-in-question Marko Gottschlich — Hostage #1 of the Berlin Embassy Kathrin Fröhlich — Hostage #2 of the Berlin Embassy Lisa Millz — Hostage #3 of the Berlin Embassy Foreign Affairs Minister Karsten Jürke Reich Chancellor Andrea Nahles [THIS IS A STATEMENT OF TRUTH]: [X] [SIGNED BY]: His Imperial & Royal Majesty, Friedrich IV — Emperor of the German Realm & King of Prussia/Reich Chancellor Andrea Nahles/​ ​

 

[Odinson]

Chief Justice Olhouser arrived to the chamber, alone. He had been tasked with deciding whether or not the court would hear this case, on behalf of the Secretary General. He had some questions for the Germans about their case which was a bit... all over the place. Sonja Seifried was summoned to the court chamber to have a discussion with the Chief Justice. She would be allowed inside once she showed up.

@NagandEmerald

 

[NagandEmerald]

@Odinson

Outside the Hague, Sonja was finishing going over the case, for probably the 5th time that day; upon being called into the chamber, Sonja pulled herself from the Prosecution and wandered inside. She wandered from the beautifully decorated outside to the inside, carrying a briefcase with copies of the documents and evidence that were going to be used in the case from a variety of sources. Her appearance was rather formal, with a pair of reading glasses perched on a rather pointed nose. In a way, she looked almost witch-like, with a dark freckle on her right cheek and her aged face looking permanently miffed at something. Her hair, which was a pure silver, was bunned up behind her head, and she wore formal high heels that clicked on the ground as she walked.

Upon stepping in to speak with the Chief Justice, she shook out her hand and gave a formal greeting. "Guten tag. You wished to speak with me?" she asked, her voice one that would remind someone of a grandmother speaking sternly to a grandchild.

 

[Odinson]

Once Olhouser was alone with her in the chamber, he folded his hands and said, "Thank you for coming, Representative Seifried. The Secretary General has put it upon me to decide whether or not this case is heard. I've gone over the papers that you sent the ICJ, however I have some questions. Firstly I need you to clarify: what part of the Resolution for International Relations did the Brazilians violate? Chapter 5, Article 2 does not exist. Secondly, I do think that you have a case for some of this issues, but if you want this case to go anywhere, it needs to be carved down a bit. I can tell you from experience that this court isn't going to punish another nation for being rude - but taking citizens of another country as hostage, as you described, would be something that would peak our interest.

"The ICJ does not exclusively deal with direct violations of international law, however it would be helpful if you could submit, in writing, direct instances that this occurred with the Brazilians. Do you understand?"

 

[NagandEmerald]

@Odinson

"Ah," Sonja hummed. She knew that the case that was presented was rather messy to look at, given that it was done under duress. However, many of these claims were still legitimate violations of international law, both to her and the Federal Minister of Justice, and it was clear that explanations would have to be given.

"Well, while I do understand, I'd first like to offer a correction in regards to what has been presented. Firstly, I would like to state that the statement of 'Chapter 5, Article 2' was meant to be read as Chapter 2, Article 5. I do apologize for that little bit of messiness. Now, regarding another nation being rude, I am almost certain that violates the basic principles of the Global Assembly — quote, 'To promote the human rights and equality of the human man, regardless of their nation or gender; to prevent warfare and violence from bringing destruction and pillage to nations and it's citizens; to promote social change and standards of living, acting as a voice for those being wronged; to promote and protect international law across the globe and ensure justice is preserved; to work together globally to promote real social and economic change; to promote tolerance and peace.' In particular, they have not promoted human rights and equality between its nation and others. They have not attempted to prevent warfare and violence from bringing destruction and pillage to other nations and its citizens, having made threats to both the French and German governments for matters that were either out of their control, or matters that they could absolutely have bothered to respect. They have not worked together to promote real social and economic change, nor tolerance and pace." The representative then opened her briefcase and pulled out documentation on further violations which could tie into this case.

"Their actions, in particular their treatment of the Taiwanese and Swedish people and their taking of hostages, also violate international law, in particular Chapter 1, Articles 1 and 5 of the Resolution for Universal Declaration of Human Rights. Espionage, while not made explicitly illegal by the Global Assembly, still violates local laws, as it is considered a clandestine act that threatens the security of the German Realm. Since Brazil had chosen to ignore my client's very public declaration of persona-non-grata, we could only assume that they were acting in espionage at that point after their diplomatic immunity had been made annul. Now, while I can admit that this could be cut down a bit, I only wrote down the charges put forwards by His Majesty's government; if it would not trouble you, could I potentially have some suggestions on what charges could be carved out for this case to be taken to the International Court of Justice, so that I can properly make the corrections required."

 

[Odinson]

Olhouser nodded, "Thank you for those clarifications on your case. Myself and the other justices are neutral arbiters in this case, my job isn't to assist you in making a case. I asked for clarification because the submitted files did seem a bit, as you said, 'messy'. However I am happy to take this case seriously, just as the other justices will be, because you do bring up some valid concerns. I'm going to ask the other justices to enter now, then we will permit you and the Germans to come in as well. When you present your case to the court, I recommend that you are concise and orderly. Thank you for taking the time to clarify these things with me. If you don't mind, please wait outside, and we'll have you in once the Brazilians arrive."

It appeared that Olhouser wanted to get things moving along. If the German representative had nothing else to say, he would politely ask her to wait outside. Meanwhile, a summons was issued for the President of Brazil.

The other justices were requested to enter the chamber.

@Dutchy
@John
@JJSmithJr
@HeadlessSeeker
@Naio90

​ THE GLOBAL ASSEMBLY​ (EST 2010)​

INTERNATIONAL COURT SUMMONS​ CHIEF JUSTICE​ COURT LOCATION​ # SERIAL NUMBER​ Rolfe Olhouser​ The Hague, Netherlands​ ICJ​

​ [THE DEFENDANT]: His Excellency President Victor Romero of Brazil​ [CASE NUMBER]: #005​ [DATE]: June 2013​ ​ IT IS HEREBY ORDERED THAT HIS EXCELLENCY PRESIDENT VICTOR ROMERO, APPEARS BEFORE THE INTERNATIONAL COURT ON 12/06/2013 [22/2/2019] FOR A HEARING IN REFERENCE TO ALLEGED OFFENCES.​ FAILURE TO ATTEND THIS SUMMONS WILL RESULT IN A JUDGEMENT BY DEFAULT MADE AGAINST YOU.​ ​ [SIGNED BY]:​ Rolfe Olhouser​ Chief Justice​ ​ ​

@Moe

 

[NagandEmerald]

The German would offer her thanks before walking out, waiting for the point when her delegation would be allowed to come inside.

 

[JJSmithJr]

Justice Mary Ukaego Odili would arrive and take her seat.

 

[Dutchy]

The Dutch Justice would arrive and take her place.

 

[Naio90]

The argentine judge would enter the room.

 

[HeadlessSeeker]

The Vietnamese Judge would attend.

 

[Odinson]

The court was now just waiting on the Brazilian President, who still had approximately 24 hours to arrive.

 

[Odinson]

@Moe

 

[Moe]

The Brazilian President is still consulting with his attorneys, whom have appealed this case, and are waiting on the final decision of the court.
@Odinson

 

[Odinson]

The Brazilian President is still consulting with his attorneys, whom have appealed this case, and are waiting on the final decision of the court.
@Odinson

No appeals have been made to the International Court of Justice. Also, an appeal would not be possible because the ICJ was technically the highest ranking court on the planet. The court continued to wait as the clock counted down.

 

[Moe]

Dear Justice Olhouser,

I must admit to being conflicted on many levels as to wether or not to attend this trial. Due to the conflicting and and at other times rather deceptive reports regarding the nature of the siege, especially the events leading up to it, I do not believe I can receive a fair trial, especially with many sides already aligned against me, none of whom have anything to do with the initial exchange of unpleasantries between Taiwan and Brazil, which precipitated the events in Berlin.

If you can promise me a fair trial and can guarantee my safety, as my accuser sits directly on your border, and his minions are, save for one country, all located within striking distance of the Hague. I will come and proudly face my accuser, as I feel their claims of little merit and are political theater.

If you can deliver on the promise of a fair trial and safety whilst at the Hague, I will be on a plane within 12 hours.

Victor Romero,

President of Brazil
@Odinson @HeadlessSeeker @Naio90 @Dutchy @JJSmithJr

 

[Connor]

The Swedish representation would wait in a committee room until summoned to the witness stand.

 

[Odinson]

Dear Justice Olhouser,

I must admit to being conflicted on many levels as to wether or not to attend this trial. Due to the conflicting and and at other times rather deceptive reports regarding the nature of the siege, especially the events leading up to it, I do not believe I can receive a fair trial, especially with many sides already aligned against me, none of whom have anything to do with the initial exchange of unpleasantries between Taiwan and Brazil, which precipitated the events in Berlin.

If you can promise me a fair trial and can guarantee my safety, as my accuser sits directly on your border, and his minions are, save for one country, all located within striking distance of the Hague. I will come and proudly face my accuser, as I feel their claims of little merit and are political theater.

If you can deliver on the promise of a fair trial and safety whilst at the Hague, I will be on a plane within 12 hours.

Victor Romero,

President of Brazil
@Odinson @HeadlessSeeker @Naio90 @Dutchy @JJSmithJr

A secure response was sent from Olhouser - although it was shared with the other justices.


Your Excellency,

Your safety and right to a fair trial is guaranteed just as it is for any other person or organization that would be put on trial here. Your absence and lack of communications, however, have been taken as a sign of bad faith by at least myself. I have only allowed you this grace period because there have been multiple allegations made against Brazil, however the court's patience is beginning to thin. The Dutch armed forces personally guard the ICJ, and any attack on this facility or you while you are here would be taken as an attack on the international community. I don't think you are in any danger, at least not here.

We are going to start the trial soon, as your 48 hour deadline has expired and you have only chosen to correspond with the court after this timeframe was surpassed. If you arrive before the prosecution is done presenting their case, we will be happy to hear from you. Otherwise, we will be forced to make a judgement in your absence.

Respectfully,

Rolfe Olhouser
Chief Justice of The International Court of Justice

@Moe

 

[Odinson]

"I hereby call this session of the International Court of Justice to order. The court reporter will begin the record. We are convened to hear case #006, Seifried v. Romero. The accused was given forty-eight hours to arrive. I have been given no indication from the Dutch that he is currently in route to or within The Netherlands. Therefor, in accordance with Article 1, Chapter 3, Section 8, myself and the other justices are no longer bound to the assumption of innocence for the accused. In order to exhaust all avenues of leniency, I will extend Minister DeSilva's time to arrive until the end of the prosecution's presentation of their case.

"The prosecution may now present their case," he said, hoping that it would be concise and directly show what parts of international law were violated by the accused.

@NagandEmerald

 

[NagandEmerald]

@Odinson @Naio90 @Dutchy @JJSmithJr @HeadlessSeeker @Retroliser @Ellie @Connor @Sumit @Logan

Having been called to present their case, the German delegation, headed by Sonja Seifried, stood to the stand, with Reich Chancellor Andrea Nahles and Federal Justice Minister Rainer Balzer remaining seated.

"Thank you, your honors," the German delegate began, "This case was given to me to present on behalf of the Federal Government of Germany, primarily in response to the actions and official lack of apology to the German Reich from President Victor Romero's government for charges related to terrorism, clandestine actions against the state of Germany, and violations of international law; in particular, the Brazilian government under President Romero has violated Chapter 2, Article 5 of the Global Assembly Resolution for International Relations and Chapter 1, Article 5 of the Global Assembly Resolution for Declaration of Human Rights. They also have arguably violated the basic principals of both the Global Assembly itself, as well as the Resolution for Universal Declaration of Human Rights. I have brought evidence as provided by the Prosecution, as well as multiple witnesses. If proven guilty, the government I represent has requested the following judgement be placed upon Brazil." The German delegate cleared her throat as Minister Balzer handed her a list of German demands.

"An internationally-recognized warrant for the arrest and imprisonment of the diplomatic head of the embassy for terrorism charges, the change of the initial settlement from $2,133,000,000 to $3,443,000,000, a public apology to the Prosecution, an official declaration of the Defendant as persona non grata to the Global Assembly for a total of no more than 5 years — which the government I represent has agreed is negotiable — the disposition of President Victor Romero from office, & the dismissal of his entire government from office due to the part they have had to play in the increase of world tensions, which can, and I am guessing is, being discussed in other cases. If they are unable to follow through with these judgements, they state, and I quote, 'If the Defendant does not pay out the Prosecution, should the case fall within the Prosecution's favor, within a reasonable amount of time (2 OOC weeks), then it should be considered that Brazil surrenders its right to self-governance, and will be absorbed as a colony by a state of the Global Assembly's choosing. Punitive damages should also apply regarding the Defendant, should they plead not-guilty to the charges."