[GA] ICJ Case #006

[Logan]

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]:Benardino Ferrara, Delegate from the Italian Kingdom to the Global Assembly [DATE]: 18/02/2019 [THE DEFENDANT]: Yen Teh-fa, Secretary of Defense / Republic of Taiwan, [ALLEGED OFFENCES]: Damages to Italian Naval Personnel and Assets, caused by unauthorized deployment of a live warhead during a weapons test. [DATE OF ALLEGED OFFENCES]: June, 2013 (IC) [STATEMENT OF EVIDENCE]:] In order to test a newly-produced high-tech missile defense system, named ERADS, the Government of Italy issued a request for bids, intending to purchase a single unit/battery of Ballistic missiles, openly stating their intent, as well as specifying that they needed said ballistic missiles to be fitted with inert warheads, as well as self-destruct charges, such that the Italian Air Force could destroy them mid-flight, if a such a situation requiring such were to arise. Taiwan responded, offering their new Sky Horse System. After a dialogue between the Italian and Taiwanese Defense Heads (Only Posts 1-5 and 7-10 are included in the evidence), The test was conducted. At no point during the conversations preceding, or up until the test launch, did the Taiwanese evince any intentions to fire said ICBM without alerting their neighbors, nor did they imply at any point that the ICBM they were going to test had a live warhead instead of the requested inert warhead (with self destruct charges), or merely a prototype, and not a proven production model. After the splash-down of the Interceptors and recovery of their guidance modules and kill vehicles, the ships assigned to tracking and recovery of these pieces of equipment attempted to approach the splash-site of the Taiwanese ICBM. As they approached, the live warhead on board the prototype ICBM detonated, causing light injuries to Italian Sailors, and moderate damage to Italian Naval assets, namely an Etna-class replenishment oiler and FREMM-Class Multipurpose Frigate. When an Italian Naval Official informed the Taiwanese that Italian Government Officials would contact the Taiwanese Government, and before any solid action was requested from them or threatened against them, the Taiwanese Government stated that any message from the Italian Government would be treated as spam and/or a computer virus. The Legal Team representing Italy, comprised of members of the Royal Office of Legal Affairs, requests that the ICJ award the Italian Navy, as well as the Injured Sailors involved in the incident, suitable reparations for the incident. Furthermore, the Italian Government would like an investigation into this incident as a possible violation of the Resolution for the Use of Ballistic Missiles, considering the disregard of the specific request by the Italian Government that the Ballistic Missile be outfitted with an inert warhead and low-power self-destruct charges. If it is found to violate the Resolution for the Use of Ballistic Missiles, Italy would like the ICJ to establish restrictions on Taiwan's ability to build, develop, and operate ICBMs, IRBMs and MRBMs, as well as SLBMs. [THIS IS A STATEMENT OF TRUTH]: [X] [SIGNED BY]:Vincenze Navarre, King of Italy​ ​

 

[Odinson]

The Chief Justice, on behalf of the Secretary General, approved case #006, Ferrara v. Yen. A summons was issued to the Taiwanese Minister of Defense.

THE GLOBAL ASSEMBLY (EST 2010)​

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

​ [THE DEFENDANT]: Yen Teh-fa [CASE NUMBER]: #006 [DATE]: June 2013 (18/02/2019) IT IS HEREBY ORDERED THAT THE DEFENDANT, APPEARS BEFORE THE INTERNATIONAL COURT ON 5 JUNE 2013 [FEBRUARY 20 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 ​ ​

@Sumit

 

[Odinson]

The other justices were informed that they had another case to attend, this one being between Italy and Taiwan. Olhouser arrived a little early and took his eat. Until all of them arrived, only the justices were allowed into the chamber.

 

[Deleted member 5]

General Yen-Teh Fa, The Taiwanese Minister of Defense would arrive with full evidence and take his seat on the witness stand.

 

[Odinson]

The General was allowed to wait outside until the other Justices had arrived.

 

[John]

Samuel Alito would arrive in the chamber, taking his seat and sorting out the papers that sat on the Bench infront of him.

 

[Naio90]

The argentine judge would arrive.

 

[JJSmithJr]

Justice Mary Ukaego Odili would arrive and take her seat.

 

[Dutchy]

The Dutch Justice would arrive and take her place.

 

[HeadlessSeeker]

The Vietnamese Judge would Attend.

 

[Logan]

The Italian Legal representation would arrive and take their place, as would the Captain of the HRMS St George.

 

[Odinson]

General Yen-Teh Fa, his representation, and the Italians were permitted into the chamber. After everyone was seated, Olhouser banged his gavel.

"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, Ferrara v. Yen-Teh. The prosecution and defense are both present, so we will begin. Counselor," Olhouser said to the Italian attorney, "you may present your case."

@Logan

 

[Logan]

This music fits the courtroom drama type RP

"Your Honors, Esteemed Justices of the ICJ," the head of the legal team, and the representing attorney, would say as he stands up, holding in his hands a dossier containing all of the messages included in Statement of Evidence, as well as pictures and after-action reviews from the crew of the ships involved.

"In this case, the Italian Government has put forth incontrovertible proof that in the prelude to this event, its representatives specifically requested certain safety features be installed on the ICBM which they were seeking for use in a testing environment. Features that were not just to secure the safety of Italian military personnel, but to ensure that also safe where any Civilians whose lives might be put in risk by telemetry malfunction, operator error, or any other failure for the involved missile that would place persons on the ground at risk."

"The Italian Government Requested, in fact," the Lawyer adjusted his glasses and pulled out the message he intended to quote, the original request for bids. "'that they are outfitted with dummy/inert warheads simulating a WMD-carrying load and self destruct charges, in order to provide a safe but realistic simulation.' I don't believe that leaves much room for interpretation. The Italian Government specifically requested these safety measures. In response, the Taiwanese government offered to the Italian Government, the purchase of the Sky Horse ICBM.

In the ensuing conversation, included in the evidence, it was decided that Taiwan would launch an ICBM for the test. Nowhere in this conversation did Taiwan at all give any idea to the Italian Government that they would not fire the Inert warhead, but rather a live warhead. On the Italian Side, the test went off with minimal issues. The one interceptor that did suffer a failure contained a self-destruct charge and was able to be destroyed before it could threaten any civilian populations. The interceptors were splashed, and the necessary modules were recovered.

However, whenever the Italian ships approached the predicted splashdown site for the ICBM's warhead, the warhead, which we expected to be inert, detonated. The ensuing blast caused damage to the windows of the bridges of two Italian ships, one FREMM-class warship, and an Etna-class replenishment oiler, resulting in injury to several sailors, none of whom expected the warhead to detonate. Understandably, the First Marshal of the Kingdom of Italy confronted the Taiwanese government about this, as is recorded in the evidence.

Following this, the Taiwanese Government, before any further attempt could be made at communicating with them, shut off all contact with the Italian Government, and warned that any additional messages would be treated as spam.

Italy has two parts to its request in this case: First, that suitable reparations be rewarded to Italian Sailors and the Italian navy for injuries and damage, respectively. Second, that the ICJ rule on if this constitutes a violation of the Resolution for the Use of Ballistic Missiles, and if it is, to place restrictions on the Taiwanese government on developing and constructing new ICBMs, under pain of substantial additional damages to either Italy or to the GA, as decided by the ICJ."

 

[Odinson]

Since the prosecution was done speaking, Olhouser looked over to the Chinese.

"The defense may present their case now."
@Sumit

 

[Deleted member 5]

Your honor, esteemed Justices of the International Court of Justice and member of the jury, my name is Generalissimo Teh-Fa, I am the commander of Republic of Taiwan Armed Forces and Secretary of Defense Affairs. Today, I am representing and fighting my case to defend myself on this international incident.

First, I would like to mention that I plead not guilty. My Italian friend, you have said enough about the Taiwanese government offered this and that, which is entirely untrue. Italian government announced that they want to purchase a Strategic Missile. My question remains, why Italians wanted to buy Strategic Missile? The first question sat on my mind before heading to the conversation is was Italy going to use this missile to harm antagonist of the nation which is Brazil. That puts Italy into a tighter spot for throwing weapons.

Secondly, we all know that Italy is an advocate of not using weapons of mass destruction in the world. Question to my friend, why would you want Intercontinental ballistic missile on the first spot? Do you want to destroy the world? Do you want murder the innocent people? I guess Italians are not capable of answering that’s why they wanted us to throw the ICBM first hand, so that when explosion occurs, Taiwan should be scapegoat. This is utterly stupid. Italy you are a nation, where we can’t and no one can trust you. You use this weapon to saber rattle and wanted to witch hunt a country after country. Blood after blood, you gain nothing.

Thirdly, after Italians launched advertisement, no evidence said to put the ballistic missile without an inert warhead. We felt suspicious of Italians behavior, and instead, we believed they wanted to have a ballistic missile prototype.

Fourthly, since their lack of immaturity that their government has increased the hostility between Taiwan and Italy. We have suspicious of Italians behavior and doubt on Italians armed forces defense system. Italian system failed and could not cover their face. It’s their business and their internal defense fault that they could not handle. Your honor, Italians are lying to prove their instinct and putting their fault to us. Since we haven’t done nothing wrong, we plead not guilty.

Further evidence will be provided. I must now rest my case. Should Italians have any question they may ask now.”

 

[Odinson]

Olhouser looked at the other justices. "Does anyone have any questions for the Italians or Taiwanese? This would probably be the time."

@John
@Dutchy
@HeadlessSeeker
@JJSmithJr
@Naio90

 

[Odinson]

"Alright then," he said as he put on his reading glasses. "I move that we convene to our chambers and vote on this matter. Is there a second?"

@John
@Dutchy
@HeadlessSeeker
@JJSmithJr
@Naio90

 

[Dutchy]

Justice Cuijpers would lean forward and speak into the microphone while looking at Chief Justice Olhouser, "I believe we have had sufficient time to hear both sides of the case and should proceed to discuss a verdict in private."

 

[Odinson]

"I'll take that as a second," he said before banging his gavel. "We convene now to vote."

All of the justices would be permitted to go to the private meeting chamber to decide the outcome of the case.

 

[HeadlessSeeker]

The Vietnamese Justice would go to the private meeting chamber and take their seat.