International law – memo

 

Paper instructions:

please read the international law syllabus and readings in this link:
https://www1.zippyshare.com/v/CSo0TrHH/file.html

the case is drop files

notes:
1. you are to assume that you are the judicial clerk to Judge Paul Williams of the Federal District Court for the Southern District of New York. The judge has asked you to submit an 8-page memorandum, typed double spaced (12-point Times Roman font with one-inch margins), analyzing the legal issues and sub-issues that are raised by the Plaintiff’s Complaint and Defendant’s Reply, and attachments thereto, which appear below. Headings and Subheadings are to be single spaced in bold. Although all the documents are fictional, in doing this assignment, you are to assume that the facts are true.

2. Authorities: You are to prepare your memorandum using the reading material covered during the semester. You should cite to the relevant authorities contained in the reading materials. You may also cite authorities that appeared within one of the assigned articles, book chapters, or cases. Cites must be in the body of the text, not as footnotes. Cites do not have to be in full blue book form (e.g., the following would be sufficient: Alvarez-Machain at 156, or Torture Convention, Art. VI). While you should use your lecture notes in formulating your analysis, you should cite only to written authorities in the memo. I may randomly run papers through “Turn-it-in” to ensure there are no incidents of plagiarism.

 

3 analyzing

(a) Your ability to correctly identify and analyze the many legal issues and sub-issues that the problem raises. Discussion of clearly non-relevant issues and non-relevant authorities will negatively affect your grade.

(b) The quality of your analysis with respect to the legal issues. Be sure to weave in the facts throughout, and cite to the paragraph numbers of the Complaint, Reply, and their attachments. Don’t just recite what the Plaintiff and Defense will argue; analyze which arguments are more compelling and why. (The style in which some students merely write: “The Plaintiff will argue…. The Defendant will argue ….” is not a sophisticated writing technique and will not result in a high grade.) A better approach is to set forth the weaker argument on each issue, and then explain why it’s not likely to prevail.

(c) Your ability to employ the legal authorities (treaties, statutes, cases, articles, etc.) which we have

(d) How well the memo is written — organization (I suggest that you organize your memo in the order of issues identified in the Defendant’s Reply Brief. Headings should be single space in bold. Skip a line after headings. In contrast to standard memo format, you should not include an introductory statement of facts or short answer; just go right into the analysis section.

 

 

 

COMPLAINT

YgritteGiantsbane-Snow } Case No. 8/24/18
v. } Federal District Court
The Republic of Southeros, and } Southern District of
CerseiLannister, former Head of State } New York

1. This is a suit brought by YgritteGiantsbane-Snow, a national of the Republic of Northeros, against the Republic of Westeros and its former de facto Head of State, CerseiLannister, for money damages arising out of crimes against humanity, committed against the Plaintiff and her family by agents of the Defendants. The Plaintiff asserts jurisdiction under the Alien Tort Claims Statute (28 U.S.C. 1350), and the Foreign Sovereign Immunities Act (28 U.S.C. 1605 et. seq.).

2. The facts giving rise to this suit are reproduced in Tab A, “Report of the United Nations High Commissioner for Human Rights on the situation of drone strikes in Northeros,” dated October 25, 2017, which is hereby incorporated into this pleading by reference.

3. These facts establish that CerseiLannister, acting as Head of State of Westeros, ordered a dozen aerial drone strikes over a two-week period on dwellings in neighboring Northeros, in an effort to killTormundGiantsbane, the leader of the Thenn Liberation Army (TLA). These systematic, widespread, and indiscriminate attacks resulted in the predictable death of 250 civilians, including 44 children under the age of 15. The Plaintiff was seriously injured and her husband, John Snow, and several members of her extended familywere killed in one of these drone strikes on August 15, 2017.

4. Westeros obtained the drones under a $5 million contract from a U.S. company, “Nights Watch Corporation,” which is incorporated and headquartered in Massachusetts, USA. Per this contract, which was approved by the U.S. government, Nights Watch personnel trained Defendant Cersei’sRoyal Guard on how to prepare, launch, maneuver, target, fire, and land the drones, and assisted in their operation from the territory of Westerosduring the dozen drone strikes.

5. On January 20, 2018, CersieLannister relinquished her position and moved to New York City, where she owns a $5 million penthouse apartment on 50th and Seventh Avenue, near Times Square.

6. Plaintiff seeks $100,000 in compensatory damages and $5 million in punitive damages for her injuries and the death of her husband and other family members.

Signed [Attorney for the Plaintiff]
 

Tab B

 

 

Report of the United Nations High Commissioner for HumanRights
on the situation of drone strikes in Northeros

25 October 2017

Based on news accounts, eyewitness interviews, and hospital and morgue records, the UN High Commissioner for Human Rights makes the following findings and conclusions related to the situation of drone strikes in Northeros:

1. The Republic of Westeros (population 2 million, 100,000 square miles) and the Republic of Northeros (population 1 million, 75,000 square miles consisting mostly of unpopulated ice fields), are located adjacent to each other (Westeros to the South and Northeros to the North) on the west coast of the Narrow Sea. See map attached at the end of this report.The two States are separated by a 20 foot-tall wall that stretches nearly 300 miles.

2. The population of Westeros is largely Caucasian. Westeros has a monarchy form of government, ruled by 13 year-old King TolmanLannister and by the Queen Dowager, CerseiLannister, who serves as regent. Westeros has a temperate climate and a thriving economy, based on trade in textiles with the Free Cities on the other side of the Narrow Sea.

3. Northeros has a cold climate, and its economy is based largely on hunting and fishing. The population of Northeros is made up of four non-Caucasian tribes: the Thenns (20 percent of the population), the Cave People (10 percent), the Hornfoots (30 percent), and the Ice River Clan (40 percent). Northeros is governed by a Council of Elders made up of the leaders of the four tribes, headed by a member of the Ice River Clan named ManceRayder, who holds the title “King of the North.”

4. In January 2017, the Thenns broke away from the Council of Elders and began an insurgency whose aim was to take over the entire country. The insurgent forces call themselves the Thenns Liberation Army (TLA). Led by a charismatic general named TormundGiantsbane, the TLA has to date captured the northern half of the territory of Northeros and are spreading southward. In each captured town, the Thenns slaughter the adult male population and force the females to serve as “bush wives” and the male children to serve as child soldiers. In order to acquire supplies for his army, TormundGiantsbane directed his naval forces to raid Westero’s coastal towns and capture Westeros merchant ships sailing out of King’s Port for the Free Cities. From January to August, 2014, hundreds of citizens of Westeros were killed in these brutal raids and heinous acts of piracy.

5. On March 1, 2017, the government of Westeros sent a diplomatic envoy to Northeros to complain of the raids on its villages and pirate attacks against its ships. The envoy never made it back to Westeros. On April 3, 2017, the government of Westeros sent a second diplomatic envoy to Northeros. This time the envoy returned with a curt message from ManceRayder: “Sorry, but at present we lack the ability to prevent the Thenns’ attacks on Westeros.”

6. On April 20, 2017, Westeros and the United States signed a Memorandum of Understanding to facilitate action to combat terrorist groups including the TLA.

7. On May 7, 2017, Westeros contracted with Nights Watch Corporation, a world-wide manufacturer of high-tech military equipmentincorporated and headquartered in Massachusetts, USA, to purchase a fleet of five drone aircraft, equipped with “Stinger” missiles, “in order to quash the TLA.” Per the $5 million contract, Nights Watch personnel trained CerseiLanister’sRoyal Guard on how to prepare, launch, maneuver, target, fire missiles, and land the drones, and assisted in their preparation and operation as they were used against targets in Northeros in August 2017.

8. On August 1, 2017, from her palace in Westeros, CerseiLannister issued a written order, authorizing the Royal Guard to conduct air strikes using the newly acquired Nights Watch drone aircraft in an effort to terminate TormundGiantsbane and other leaders of the TLA in Northeros. Although Westeros never requested the consent of the Northeros government for this military operation, from August 1 to August 15, 2017,Westeros conducted a dozen drone strikes in Northeros territory, launched from a military base in Westeros just north of King’s Landing.

9. The government of Westeros reported the drone airstrikes in a Diplomatic Note to the U.N. Security Council on August 2, 2017, invoking the right of self-defense “against an ongoing terrorist and piratical threat emanating from the territory of a State unwilling or unable to do anything about it.” Northeros protested that the strikes were a violation of its territorial integrity and not justified by self-defense since the government of Northeros was not responsible for the attacks on Westeros. Due to threatened vetoes by Permanent Members, the Security Council has taken no action to either authorize or condemn the Republic of Westeros’ air strikes. Nor has the Security Council’s Terrorist Sanctions Committee ever listed the TLA as a terrorist organization subject to freezing/seizing of assets.

10. Although she was not the queen, but rather regent, in that capacity CerseiLannister, at the time of the actions in question, had control of the country’s government institutions and military apparatus, and issued instructions to Westeros’ representatives in the United Nations, which were fully implemented.

11. According to a variety of sources consulted in the preparation of this report, the drone attacks in Northeros resulted in the deaths of only 29 members of the TLA, and killed 250 civilians, including 42 children under the age of 15.

12. CerseiLannisterreceived reports of the civilian casualties, beginning with the initial sortie on August 1, 2017, yet the use of drones continued unabated for fourteen more days thereafter. Westeros does not dispute these casualty figures but argues that the non-TLA casualties were all supporters of the TLA and acceptable collateral damage of a lawful military operation taken in self-defense against a continuing terrorist threat.

13. On August 15, 2017, the government of Westeros announced that it was ending the drone strikes after it was revealed that TormundGiantsbane was killed in a drone attack that day, along with 24 others who were attending the wedding reception of Tormund’s niece in one of the villages located in Thenn-controlled territory. The bride, YgritteGiantsbane-Snow, was the sole survivor of the attack.

14. In September 2017, CerseiLannister was implicated in a sex scandal, setting off violent riots throughout the country and calls for her resignation. Amidst the growing unrest and disorder, on September 12, 2017, Lannister relinquished her position and fled to the United States; she currently resides in New York City, where she owns a $5 million Penthouse apartment on 50th and Seventh Avenue, near Times Square.

Map of the Region

 

 

DEFENDANTS’ REPLY/
MOTION TO DISMISS

YgritteGiantsbane-Snow } Case No. 8/24/18
v. } Federal District Court
The Republic of Westeros, and } Southern District of
CerseiLannister, former Head of State } New York

The Defendants move for dismissal of this suit on the following grounds:

1. On April 20, 2017, the United States Government and the Republic of Westeros entered into a Counter-Terrorism Cooperation Accord, which immunizes the Government of Westeros, its officers, and its agents from suit in U.S. court for acts undertaken to combat several listed terrorist organizations, including the ThennLiberation Army (TLA). The Accord is reproduced at Tab 1 attached to this Reply. The Court must apply this International Agreement which immunizes Defendants from this suit.

2. Since the Defendant Westeros is a sovereign State, and none of the exceptions to the Foreign Sovereign Immunities Act (28 U.S. C. 1605 et. seq.) are applicable to this case, the Court lacks jurisdiction over the Republic of Westeros.

3. Since the Defendant CerseiLannister was the de facto Head of State of Westeros at the time of the acts in question, she is entitled to Head of State Immunity.

4. The alleged acts of the Defendant are not covered by the Alien Tort Claims Statute (28 U.S.C. 1350) because:
(a) they occurred outside of the United States,
(b) theywere justified acts of self-defense against ongoing terrorist and piratical threats,
(c) even if they violated international law, they did not constitute the type of international law violations that the Supreme Court has recognized as falling within the purview of the Statute.

5. Under the Act of State Doctrine, the Court must assume the validity of the acts of Defendants and cannot sit in judgment of them.

6. In the alternative, the Court should declare that under Conflict of Laws principles, the highest amount that can be awarded in this case is $50,000 (U.S.) since the 1981 Civil Code of the Kingdom of Westeros stipulates that the maximum recovery permitted in a personal injury suit is $50,000 (U.S.) and Westeros does not recognize punitive damages.

[Signed], Counsel for the Defendants
TAB 1 TO DEFENDANT’S REPLY

SUBSEQUENTLY DE-CLASSIFIED

Counter-Terrorism Cooperation
Memorandum of Understanding
Between the United States of America
and the Republic of Westeros
April 20, 2017*

Desiring to facilitate efforts to combat terrorism:

1. The Parties agree to exchange information about the location of members, headquarters, training facilities, and bank accounts in their territory of the terrorist organizations listed in paragraph 5 of this MOU.

2. The Parties will take action to combat these terrorist groups consistent with international law.

3. The Parties recognize that officials, personnel and agents of each Party are immune from suit in the courts of the other Party for all acts to combat these terrorist groups undertaken in an official capacity or under color of law.

4. The Parties further recognize that the respective Parties themselves are immune from suit in the courts of the other Party for actions to combat these terrorist groups undertaken by their officials, personnel or agents in an official capacity or under color of law.

5. The terrorist organizations covered by this MOU include al Qaeda, al Shabaab, Hezbollah, ISIS,ThennLiberation Army, ….

6. This MOU is effective immediately upon authorized signature by the two Parties.

Signed in Washington, D.C., this twentieth day of April 2017, by:

[signed] [signed]
Rex TillersonCerseiLannister
Secretary of State Queen Dowager/Head of State
United States of America Republic of Westeros

 

*Note, the MOU was never submitted to the U.S. Congress for approval or implementing legislation.