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Mr. President, Your Excellency Excellencies, May it please this honorable court.

My Name is Karl Fabico, 2nd


agent of the Respondent, The Republic of Rasec.

The respondent reiterates that Rasec is compliant with its obligations under international law including
treaties and conventions.

Allow me to prove this to you through two arguments:

FIRST,Rasec does not assume liability over the conduct of Iggams in Alimar because first of all:

Rasec has no jurisdiction to punish iggams over the illegal trade and harvesting of swiftlets nest in
Alimar. According to the book Universal Jurisdiction: International and Municipal Perspective territoriality
principle is a principle of public international law under which a sovereign state can prosecute criminal
offenses that are committed within its borders. Therefore correlating it with the facts of the case we
therefore conclude that rasec cannot claim jurisdiction over the actions of the Iggams inside the state of
Rasec because that would be tantamount to an encroachment of the sovereignty of Alimar which that would
in effect constitute a violation of the territorial jurisdiction of Alimar. (We can therefore conclude)----this is
redundant please change this. that rasec does not have jurisdiction on criminal offense committed on land
under sovereign control of Alimar. [[Neither can the state of Alimar invoke the exception to the territoriality
rule like as in the case of Filar-tiga vs Pena Irala where Filars decedent was tortured to death in Paraguay
but filed the case in the United States. The in which the court held that for purposes of the Allen Tort Statue,
torture may be considered to violate the laws of nations. In the instant case, only illegal trade was committed
which cannot be considered to violate the law of nations.]]

*jurisdiction-exercise of the state of its sovereign powers. (Comments on International Law by Abad Santos)

2nd of all:

1. The crossing of international borders by the Iggam tribe is in accordance with


international custom. Pursuant to paragraph 14 of the compromise on Dec. 2, 2007 an
estimate of about 200 Iggams walked on foot to Kojec, the capital of Alimar, to call
for government action on this series of alleged killings. Police forces were on standby
and barricades were placed on every entry to the federal capitol. However, violence
ensued when news broke out that Inad Arima, one of Iggam tribes respected leaders,
was found dead near the Alimar-Rasec border approximately 100 meters from the
immigration center. The Iggams tried to push their way through the barriers while
the police officers resisted their charge. At the end of the day, 24 Iggams and 10 police
officers were injured. The fact that the Iggams were able to reach the federal capitol
without being arrested for crossing of the border proves that the said crossing of the
Iggams is legal and allowed by Alimar. After all, The Iggams have been crossing the
border between Rasec and Alimar long before the issue of the swiftlets nest ever came to
arise. It therefore constitutes state practice and if we consider the fact that Alimar chose
to prepare for the protest of the Iggams rather than arrest them immediately for crossing
the border establishes the fact that the state of rasec considers it its legal obligation to let
the iggams protest in its federal capitol.The crossing of the Iggams therefore is a valid act
and is in accordance with International Custom. (***)

The Respondent now moves to our third submission:


Alimar is liable for the deaths of the Iggams in the Halu Cave and. Allow me to prove it to you, your
excellencies, through this argument.

The killing of the Iggam in the Halu Cave constitutes an international wrongful act.

Alimar has an international obligation to afford fundamental human rights to Iggams while in
their territory as sojourners. Pursuant to the Preamble of the United Nations Charter, every nation needs
to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal
rights of men and women and of nations large and small. As member states of the United Nations, such
preamble is binding. Pursuant to Article 13 of the case, the Halu cave is the largest and most popular cave
in the Naxor Complex. It therefore becomes an important responsibility of Alimar to use diligence in
maintaining and monitoring the safety of the Halu Cave. Failing to discover the presence of sulfur dioxide
inside the Halu cave constitutes a breach of its obligation. ( Basis needed)
1. Pursuant to par. 15 of the case Concerned about the suspicious murders of Iggams, the
government of Rasec sent a fact-finding body to investigate the deaths. However, this
action by the Rasecan government did not sit well with the Alimar government. The
entire Naxor Cave Complex was heavily guarded and no one was allowed to enter,
except for Alimar police forces. (suspicion)
2. Pursuant to par 16 of the case The International League for Security (ILS), a human
rights non-governmental organization, published a report declaring, in part, that:

The blame for the series of extra-legal killings in Alimar should be put to no other
than the government of Alimar and its instrumentalities. In our custody is a member of the
Iggam tribe who witnessed with his own naked eyes the killing of his own parents by a member
of the Alimar police force. We will not hesitate to institute the proper action before the United
Nations Commission on Human Rights should this situation continue to escalate on a higher
level.

3. Pursuant to par 21 of the case In June of 2009, the Alimar Bureau of Investigation
(ABI) released its findings that that the death of the Iggams in the Naxor Cave
Complex was due to the high concentration of sulfur dioxide in the Halu cave. The
ABI even showed photos of dead lizards, snakes and bats in the Halu cave which
were likewise caused by the high concentration of sulfur dioxide.

Also because the killing of the Iggams is attributable to the government of Alimar.
Pursuant to Article 2 of the ARSIWA, there is an internationally wrongful act of a state when conduct
consisting of an action or omission: (A) is attributable to the state under international law; and (B)
constitutes a breach of an international obligation of the State. Pursuant to the first paragraph Article 4 of
the ARSIWA the conduct of any state organ shall be considered an act of that state under international law
whether the organ exercises legislative, executive, judicial or any other functions whatever position it holds
in the organization of the state and whatever its character as an organ of the central Government or of a
territorial unit of the State. Pursuant to Paragraph 16 of the Case of the Swiftlets Nest, the International
League for Security has in its custody a member of the Iggam tribe who witnessed with his own naked eyes
the killing of his own parents by a member of the Alimar police force. The Alimar Police force is a state
organ performing executive functions for the State of Alimar and therefore constitutes an act that is
attributable to the State under International Law.
Pursuant to art. 7 of the Arsiwa the conduct of an organ or of a person or entity empowered to exercise
elements of the governmental authority shall be considered an act of the state under international law if
the organ person or entity acts in that capacity even if it exceeds its authority of contravenes instructions.

(insert your closing shit here)

We humbly ask this Court to declare that the Executive Order No. 199 is invalid and that the Federal
Sates of Alimar be held responsible for its internationally wrongful acts.

If I can no longer be of any assistance to this Court,the Respondent now permanently rests its
case.Thank you for your time and indulgence.

May it please this Honorable Court.