[TWI ONLY][Semi-Open][IC] The Red Oak Court

[Laeden]

THE RED OAK COURT

IVSTITIAE

Red Sunset Crisis IC / OOC / Dispatch

This RP is a continuation of the events developed in the Red Sunset Crisis IC. It is a legal RP, meant to provide the two main nations involved in the crisis, Laeden and Martenyika, with an oportunity to settle their dispute in a civilized fashion, through legal debates before a just and neutral court. This RP is exclusively for members of The Western Isles and its main participants are the two nations mentioned above, as well as Solaryia, Thromsa and Uprea, the arbitrators selected to compose the court. Others might be admitted to participate, according to the courtly rules and to the discretion of the court itself. Requests to participate must follow the proper procedure as presented below. This RP will use the same OOC thread as the Red Sunset Crisis.

A general guide to this roleplay is presented below:

Courtly Rules Overview:

The trial will adopt an adversarial fashion, in which both sides, in a state of equality, will come before the court and present their arguments to the three selected judges, picked from carefully chosen impartial nations. The judges will hear the arguments, refraining from actively participating in the discussions, and after the debate is over, they will present their decisions.

- Of the participants

The two main parties in the discussions are Laeden and Martenyika. They are the two nations directly involved in the struggle over the ownership of the Sunset Isle. Since they’re directly interested in the case, they will be the protagonists of the debate. They are allowed to produce evidence, which must be submitted to the approval of the judges and can be contested if deemed false or irrelevant.

The three arbitrators will be Solaryia, Uprea and Thromsa. As judges, they will be responsible for analyzing the case and produce a veredict at the end of the trial. They are allowed to ask questions and demand evidence to be produced, but they are absolutely prohibited from debating or compromising their state of neutrality in any way. If that happens, the court will be considered biased and the triall will be null and void. The judges are entitled to be addressed in a respectful way, befitting their position. Nations can select their way of addressing the judges (Your Honor and Your Excellency are the suggested forms of addressment). It is also required of the judges to treat all parties in a polite manner. Judges will also be responsible for admitting or refusing evidence submitted by the parties, including the inquiry of witnesses. Because of its status as host of the court, Solaryia will preside over the court, with powers to enforce the procedure rules, adjusting them according to necessity or even creating new rules in an ad hoc fashion if the circumstances require it.

Aside from the judges and the two main parties, others are welcome into court. Other nations and NGO may send envoys and ambassadors to act as observers, who can attend to court and watch its working without interfering or participating. Additionally, others can be admitted into the procedure as either amicus curiae or interested third parties (ITPs). Those actors will be allowed to participate in the debates, although they’ll have to abide to specific rules.

The amici curiae are the ones interested in assisting the court and helping its workings in order to improve its efficiency and uphold justice. They can have a limited participation in the debates, but they’re allowed to bring forth evidence or requiring it to be produced. They can suggest and appoint witnesses, experts or forensic analysis that they deem to be relevant to the trial. They can offer reports that they deem valuable or interesting, over topics such as law or warfare or biology, or basically any other subject that might be relevant to the discussion. Unlike other parties, however, they will not be able to make requests to be appreciated by the judges in the veredict (i.e; they cannot ask the judges to decide in favor of one party or the other). Their position is one of neutrality, like the judges, and they cannot act as supporters or assistants to either party, even though they’re allowed to help produce evidence that may be detrimental to one of the parties and beneficial to the other party’s claim. To be admitted as an amicus curiae, one must demonstrate to the court that they are willing and capable to be helpful and assist the judgement in an efficient and relevant way. The court holds the power to admit or dismiss, at any time, amici curiae at their own discretion.

The interested third parties (ITPs) are nations and organizations that desire to join the discussions because they have relevant requests to present to the court. They might have some interest in the Sunset Isle themselves, or having something against the claim of either main parties. They’re allowed all powers that are granted to the main parties, such as requesting the production of evidence and participating in the debates. Unlike the amici curiae, they’re also allowed to make requests for the judges to appreciate in their veredicts. The admission of ITPs will also depend on the court’s discretion, and in order to be admitted, the aspiring ITP will be required to write a statement demonstrating its interest in the dispute and arguing why should it be admitted into court. This statement can be contested by the two main parties and by the amici curiae. Likewise, the ITP can be dismissed at any time if the court deems that their participation is not relevant or if their claim is not valid.

- Of the procedures

The courtly procedure will start with a speech from the president of the court, from Solaryia, who will make a brief but comprehensive explanation of the case. After that the three judges will be allowed to present themselves if they so desire. After the presentations are made, the president of the court will start the session.

In the first day (24/02) the two mains parties will bring forward their opening statements. Those are expected to be reasonably long documents explaining the events of the Sunset Crisis by their points of view, presenting their arguments, legal or otherwise, and, at the end, making their claims and requests that they want the judges to analyze. Unless something happens during the trial, this will be their ONLY OPORTUNITY TO MAKE CLAIMS AND REQUESTS, so failing to do so in their opening statements means they cannot add it later (again, unless something happens during the trial that reasonably allow them to rectify their initial claims).


In the next four days (25/02 – 28/02) the two main parties will engage in debates, where they are allowed to contest each other’s claims. Debating is entirely optional, so they might remain the rest of the days entirely silent if they so desire. They can also request evidence to be produced or admitted by the court. The court will be allowed to ask questions to the parties and to make sure that order and civility prevails in every aspect of the debate.

During this days, ITPs and amici curiae may request admission in court and make their statements and requests as well.

In the last day of the debates (01/03) all the parties will be allowed to make their final statements, reinforcing their initial ones and presenting their main objections to the other claims. They will be allowed to reinforce their claims, or rectify it if new and relevant information is produced during the trial. At this time, the amici curiae will be allowed to make their final reports to the court, with no requests or claims, but with their general interpretation of the case and their suggested solutions.

The court will have one day (02/03) to ponder, re read the discussions, think and make their decision. During this time, the judges will discuss the matter among themselves, arguing which points they think hold merit. The judges will be required to, collectively, construct a veredict, the decision which will settle the dispute. At this time, it will be absolutely forbidden for any nation, party or person to interrupt the court’s works.

In the last day of trial (03/03) the court will post its veredict, which will be required to address all issues, claims and requests brought forward by the main parties. The veredict, in which the court will choose the claim it favors, must be as complete, comprehensive and analytical as possible. Appeals will be allowed if the judges fail to analyze or address a claim or a request made by the main parties. In that case, the court will rectify its decision. The other parties are not allowed to contest this appeal. Aside from that, the veredict is final and will not be contested. All parties are bound by treaty to respect the veredict and to carry out its rules faithfully.

After the final day, the court will be dissolved and the case will be considered close and solved, never to be discussed again.

[Solaryia]

9:04 AM | February 24th of 2022
Impærlige Courthouse | Eridanis, Solaryia

It was a cloudless day in the typically snowy city of Eridanis. On these sort of days, all of the buildings in the city seemed to grow brighter and grander, and none more than the Impærlige Courthouse. From the outside, it was an imposing marble structure located in the government district of the city, its ornate neoclassical style dating back to a time when the nation was an expansive empire. Within the courtroom itself, large windows gave the great hall an open feeling and shining beams of light down onto the many luxurious dark oak seats, almost all of which had gradually been filled up by a large and diverse group of lawmakers, representatives, and diplomatic observers in the past few minutes.

The three judges were sitting on a raised bench in the front of the courtroom, with the respective national flags of each hung behind them, all illuminated in the morning sun. Beneath the regal Solaryi banner sat Sanni Karlevsi, the Solaryi judge and appointed head of the court. As he stood up, the Selburose on the flag behind him nearly perfectly aligned with his head, almost resembling a halo to the observers below. He was the first to speak, projecting his voice across the courtroom in order to silence the din of the many small conversations.

“Welcome all, to this tribunal. I would first like to thank all the parties involved for attending this court, as well as my fellow judges from Uprea and Thromsa. I am first going to make a small statement regarding the recent history of the Sunset Isle and it’s condition, before each respective party makes their opening statements.” Karlevsi spoke, nodding at the two judges on either side of him before looking down at the rest of the attendants. The judge then cleared his throat, glancing down at his notes before speaking.

“I’m going to try and make this concise, as to get to the actual arguments, so to start off, on the thirtieth of January, a group of Avaronese sailors were taken into custody by the Laedenian Coast Guard. They had just been to the Sunset Isle, a previously unexplored area, given the presence of a small native population, very isolationist and highly susceptible to outside pathogens. Due to prior events, many sailors have ended up dead due to these natives and their isolationism, so to protect both the native populace and the lives of outsiders, the island has long been patrolled by the navy of Martenyika with a ten kilometer restriction zone. However the Avaronese bypassed this, and during their illegal exploration of the island, the sailors discovered that it held large reserves of diamond, gold, and uranium ores, along with iron, lead, and mercury to a lesser extent, likely worth many millions of dollars in total.” The judge paused for emphasis, as well as letting all of the information get taken in by the audience.

“Upon their capture, the sailors were originally going to be detained, however they struck a deal with the government of Laeden, revealing all of this information. In exchange for this, the sailors were given diplomatic immunity and transport back to Avaron, where they likely now reside. However the information was later leaked to an Avaronese reporter, leading to it spreading throughout the Isles. In addition, around the time of the sailors capture, a large rogue wave hit the Martenyikan ship Renisse Kosi a few kilometers off the coast of the island, stranding her crew on the island itself. The Martenyikens requested that Laeden assist them in the search for these sailors, and the Laedenians accepted, however in addition they used the request as a guise to land a small military force on the island itself and set up a camp.” Karlevsi continued speaking, briefly propping his head up on his chin and glancing over at the Laedenian party in the courtroom before continuing on.

“The Laedenian squad eventually found the shipwrecked survivors and detained them. However, unbeknownst to the Laedenians, a small squad of Martenyiken soldiers had also recently landed on the island intending to search for the sailors, coming across the camp and mistaking the Laedenian force for pirates. This eventually resulted in a firefight, leading to multiple casualties on both sides. The Laedenians held control of the islands, however the Martenyikens managed to rescue the shipwrecked sailors and flee, albeit with two of their own captured. This was interpreted as an act of war, and both nations sent more military forces to the islands, with the Laednenians now maintaining the ten kilometer exclusion zone with their own ships, with some suspected incursions by Martenyiken submarines. In addition ships from Wellsia, Ainslie, and Solaryia were also sent to the seas around the island. Despite this military buildup, no more violence occured after the initial firefight, and in a gesture of goodwill both sides are pulling their units back, with a portion of the Solaryi Southern Fleet will maintain the restricted area until the true owner of the island has been determined.”

“Alright, now that that’s complete, my fellow judges may make statements if they wish. After that the delegation from Laeden will come up to the stand to make their case, followed by Martenyika. You must make all claims, requests, or complaints now, however remember, this tribunal is being held to decide who holds sovereignty over the island, this is not a mud slinging competition, and I do not want any direct accusations made towards the alternate party unless such accusations correlate directly to your claim and its respective argument. Understood?” The judge finally went silent, gesturing at the Laedenian party for them to come up and speak.

[Uprea]

First Judge of the Uprean Supreme Court Felipe Mendoca sat upon his chair elevated from the crowd before him, as the Solaryi Judge made his opening statement.
Although he was still a little exhausted from the flight, he was excited to get back into an international court room. It had been a while since the last time, but his record showed he had experience, which was one of the reasons he was selected by the government.

When the Solaryi Judge finished, Judge Mendoca spoke freely before the court:

"Thank you to my colleague for opening this court. Before the Laeden party may make a statement, I would like to say a few short words."

He paused shortly to gain the attention of the attending crowd.

"I am sure I do not speak only for myself, but on behalf of this court and everyone involved in this case, when I emphasize the importance of this courts decisions. For the sake of peacekeeping in the Western Isles, this courts decision is final and is to be followed.
When presenting this court with your case for the possession of the island, I would like to remind you that false statements not only raise the other parties aggression but also will have legal consequences, if deemed as untruthful.
I hope for a successful and civilized trial"

With that the Uprean Judge closed his opening statement.

[Thromsa]

The President of Thromsa accepted the request to send an arbitrator to aid on settling the international issue in the Sunset Isle. The panel of arbitrators seemed incredibly competent with highly skilled jurists in the field. The Thromsonian nominee being incredibly experienced in the area, recently nominated judge to the Supreme Administrative Court of the Union of Thromsa, previously serving as an arbitrator at the Chamber of Tax and Administrative Arbitration in Saints, Judge Margaret Sokołowski.

Sokołowski, being the third arbitrator, was left to speak after Mendonca. "I will not speak for long, as both Judge Karlevsi and Judge Mendonca have already gave the remarks I stand by. I hope this procedure results in a fair and just conclusion that is complied peacefully by both parties. I would like to clarify that this Tribunal is independent and shall decide solely to evidence to it provided. As Judge Karlevsi has said both parties may initiate their petitions to this Tribunal after me", Sokołowski concluded, adjusting her dark robe before sitting, allowing the proceedings to start.

[Laeden]

The representative from Laeden introduced himself, wearing his traditional attire of Laedenian legal culture. The man was none other than Gustave Regnier, the prosecutor who had made the deal with the Avaronese fugitives approximately a month ago. As the crisis unfolded, he was given the responsibility to monitor events and prepare the legal defense of the Laedenian position before the arbitration court. The tall, well-groomed prosecutor smiled calmly as he greeted each judge individually, in a brief, respectful display of cordiality that went beyond strictly legal action and illustrated Laeden's diplomatic concern for relations with judging nations.

“At the end of my presentation, Your Excellencies, the legitimacy of Laeden's position and the veracity of its claims regarding the island will remain clear and undisputed,” said Regnier, carefully, before starting his speech.

“As His Excellency Karlevsi has brilliantly explained, the incident involving Sunset Isle began with the apprehension of a group of Avaronese explorers in Laedenian waters. When interrogated, the explorers narrated that they were fleeing a Navy ship from Martenyika. They also said that they had entered Sunset Isle illegally and discovered huge deposits of precious resources there. Faced with this news, and having been informed that a Martenyikan vessel had been sunk in the vicinity of the island, the Laeden government mobilized a naval air task force to ensure the security of Sunset Isle, ascertain the information that had been received and assist in the search for the Martenyikan sailors”.

At this point, Regnier approached the representative of Martenyika, and said “Unfortunately, Your Excellencies, the misunderstanding led to sporadic hostilities between Laeden and Martenyika, which was always considered by the people and government of Laeden as a friendly and allied nation. The presence of Laedenian Marines on the Island led to an exchange of fire with operators from the SBR, an elite unit of the Martenyika armed forces. This unfortunate event intensified the tempers involving sovereignty over the island, leading to the worsening of the crisis”.

“However,” Regnier said, turning away from the Martenyika representative and returning to the center of the room, “the Laeden government has always been committed to the peaceful and amicable resolution of conflicts, especially when conflicts involve nations that are so dear and dear to us, such as Martenyika”. For a moment Laeden's representative kept looking at the judges, and suddenly the smile was gone from his face. “Nevertheless, gentlemen, it must be emphasized that Sunset Isle's belonging to Laedenian territory is an indisputable and evident fact. The regrettable military and political clashes that have taken place in recent weeks cannot dispel the truth.”

Regnier walked around the room for a few seconds, in silence, preparing for his argumentative exposition. “The first account of the island was made by the Laedenian explorer Rodolphe Benéchien in 1762. The discovery of the island, therefore, must be attributed to Laeden, and to no other nation. After Benéchien, several other Laedenian incursions made their way to Sunset Isle, in order to map and explore the island. Gouin, in 1791, collected specimens of the local fauna and flora. In the Gouin expedition, the anthropologist Desmerais was the first to make contact with the Akari people, studying some individuals of this tribe and theorizing about the ethnic origin of this people and their links with neighboring nations. In 1798, Gouin led a new expedition to the island, carrying out extensive mapping of the local waters, identifying coral reefs and dangerous rocks. The nautical charts drawn by Gouin are still used today”, explained the Laedenian jurist.

With a long sigh, Regnier resumed his explanation. “After Gouin, the island did not receive visitors for decades, with the exception of a few castaways who arrived at the site and were quickly attacked by the Akari. It must be clarified, Your Excellencies, that the interruption of sending new expeditions to the island cannot, under any circumstances, be interpreted as abandonment on the part of Laeden. The country, during the 19th and 20th centuries, went through notable historical crises, including economic recessions, earthquakes, international conflicts, a bloody civil war and the end of the monarchy. In these turbulent periods, the nation had to allocate all its resources to meet the most urgent demands, so it was not possible to fund new expeditions and explorations to the island. Furthermore, in an act of deep respect for the natives, the Laedenian government chose not to visit the island and risk igniting conflict between Laedenians and Akari, which would lead to death and suffering for both sides.”

The prosecutor leaned against the wooden bench, and continued talking, while gesturing: “As a rule, it is customary to adopt the principle of uti possidetis, that is, the property belonging to the one who occupies the territory, in matters of international territorial disputes. However, as neither Laeden nor Martenyika actually occupied Sunset Isle, this principle must be removed in favor of the principle of the “right of discovery”, privileging the position of the nation that discovers and maps the territory. In this case, the inescapable conclusion is that Sunset Isle belongs to Laeden.”

Nodding in the direction of Martenyika, Regnier continued: “The events that took place during the crisis provide further support for this thesis. Please note, Your Excellencies, that as soon as the sailors of Martenyika were pushed by the storm into the territory of Sunset Isle, the government ofMartenyika contacted the Laedenian government to carry out searches and discover the whereabouts of survivors. I ask, Your Excellencies, why would Martenyika make this decision if the territory belonged to them? By resorting to the Laedenian government, the government of Martenyika has shown to recognize, albeit tacitly, that Sunset Isle is in the territorial orbit of Laeden, which corroborates everything that has been presented here so far”.

“Indeed, Your Excellencies” Regnier pondered, scratching his chin, “the opposing party may even argue that it fell to Martenyika to patrol the waters around the island, and it was even this duty that led their ships to locate and pursue the Avaroneses. However, it is important to point out that patrolling international waters and combating piracy and cross-border crime is the duty of all sovereign nations! Having played this role does not give Martenyika any right or claim to the territory of Sunset Isle, just as the fact that Solaryia currently patrols the waters of that region cannot serve as an argument for the government of Solaryia to present claims to recognize the island as part of its territory!”.

“Many accuse Laeden of imperialism and of only caring about the island for its natural riches, Your Excellencies. It would be hypocritical to say that the huge mineral deposits are of no economic interest. This is a claim that no nation can deny. But I ask you, what is more cruel? Explore the island or leave it untouched, causing the natives to be condemned to a brief and very violent life, exposed to the forces of nature, wild animals and their own violence? Is it human to keep people at an earlier stage of development, without any modern-world facilities like medicines, vaccines, warm clothes and comfortable homes, just under the guise of supposedly preserving their culture?” asked Regnier. “We respect the Akari, Your Excellencies, and we believe that the exploitation of the island's natural resources will allow us to provide these people with an infinitely more dignified life than the one they currently experience. With the resources that Laeden currently has, we will be able to care for the Akari in a way that was impossible at the time the island was discovered. Laeden's territorial claims are not the result of villainy or imperialism, but a genuine interest in preserving the most basic rights of all human beings, whether natives of Sunset Isle or Eridanis."

Regnier finally signed, indicating that he was going to end his speech. “In view of the foregoing, Your Excellencies, Laeden, respectfully and humbly, request that the present Court decide in favor of establishing Sunset Isle as an integral part of Laedenian territory, allowing Laeden to have the full exercise of all State rights and duties over the island. . We also ask that Martenyika be expressly authorized to collaborate with the Laedenian authorities in the exercise of patrolling and policing international waters in the vicinity of Sunset Isle. Finally, if the Court's understanding is not consistent with the arguments presented by us, we request, in a subsidiary character, that Laeden and Martenyika be given joint sovereignty over the island, allowing both nations to explore and take care of it, according to specific norms to be adjusted in a specific treaty”.

“With that”, concluded Regnier, “I conclude my presentation, confident that the debates will be absolutely prolific and productive. We reiterate our immense respect and admiration for the members of this august Court, and our deep friendship and cordiality for Martenyika and for all friendly nations”.

Having finished his speech, Regnier finally sat down in the seat assigned to Laeden, with a small smile and labored breath after a relatively long speech. His assistant offered him a glass of water, congratulating him on his opening remarks. Regnier's eyes flicked to the Martenyika representative, and the entire Laeden delegation eagerly waited to hear the rivals' reasons and arguments.

[Martenyika]

Weeks after becoming the new ambassador to Laeden, and meeting with Consul d'Albignac, André Kiessou once again felt the weight of the crisis on his shoulders. But it didn't make him quite as nervous. He wasn't a stranger to the court room, as he practiced law in earlier days and won several noteworthy victories. Even after turning to international relations, he didn't lose an interest in law, which was why his lobbying was approved to represent Martenyika in this court. He always thought that law and international diplomacy were more or less intertwined. Today was proof of that. With his ambassadorship temporarily put on hold and a handpicked interim ambassador left behind in Laeden, Kiessou was now able to focus his attention on the case.

With Regnier's speech concluded, Kiessou nodded and gently toasted his own water glass to his opponent, taking a sip himself before rising. He wasn't fully standing, but still slightly bent over, with his palms on the table.

"We just heard a lot of words! I'm sure you all know what they say about actions."

He paused for a moment, for effect of course, then straightened up.

"Yet I must use a lot of words too. Allow me to introduce myself: I am André Kiessou, the Martenyikan ambassador to Laeden, most days. Greetings to the judges, Honorable Judges Karlevsi, Mendoca, and Sokolowski--to my counterpart from Laeden Mr. Gustave Regnier, and to everyone present. It is a great honor to represent Martenyika in this way before you. I became the new ambassador to Laeden shortly before this crisis over Sunset Isle began, and pursued peace and understanding while it nearly boiled over. So, you must understand the interest I have in resolving this matter.

At the end of January, a Martenyikan frigate pursued a group of Avaronese explorers who escaped Sunset Isle, and later managed to escape justice in Laeden. We know what information they held. Almost immediately, the Martenyikan embassy was notified that it would be considered an act of war against Laeden for any Martenyikans to go within ten kilometers of Sunset Isle. This was overnight on the 30th-31st, before Martenyika even realized that it had lost all but three sailors aboard a buoy tender, in the vicinity of Sunset Isle. Three did reach the island, where they faced capture by Laedenian marines, and treatment like prisoners of war through no fault of their own.

After days passed and survivors couldn't be found at sea, Martenyika had no choice but to search for and if necessary rescue stranded sailors on the island itself. A team from the Special Boat Regiment of the Martenyikan Navy was tasked with this basic search and rescue mission, but the existence of Laedenian marines on the island led to needless bloodshed. Excuse me," Kiessou took another sip of water.

"When I began speaking, I brought up actions. What did I mean? Well, you must understand that Martenyika has already functioned as a guardian of and curator for Sunset Isle for many years. The Martenyikan navy has patrolled the waters surrounding it regularly since 1912, and irregularly for another century still. In 1912, we passed laws declaring an exclusion zone around the island, making it illegal to travel or fish in its waters, and Martenyika has continuously enforced these laws. So, you see, Martenyika already fulfills two core duties of government--that is legislation and enforcement--with regards to Sunset Isle."

"The gentleman from Laeden," Kiessou gestured towards Regnier, "brought up early Laedenian expeditions to the Sunset Isle including Dr. Desmerais'. I already intended to bring Desmerais' theory about the Akari to light for the court. Dr. Desmerais did indeed study the origins of the Akari and how they relate to other nations in the South Mesder Sea, and that includes Martenyika. Modern DNA analyses have corroborated the doctor's findings. While it is true that there isn't a link to even most Martenyikans, our anthropologists have identified a few Akari-descended enclaves within Martenyika. Except certain aspects like cannibalism and violent isolationism, they live and function similarly to the Akari. Even their language is unique, which means that it is very possible that they could help Martenyika meaningfully connect with the Akari, not only preventing bloodshed and violent misunderstanding, but also providing us all with unprecedented anthropological insight!"

Andre Kiessou paused for effect again.

"Your excellencies, Martenyika transcends the 'he-said she-said' ambiguity of mere claims on Sunset Isle. It is the active and observable administrator, the guardian, the enforcer of Sunset Isle, and has been so for over two hundred years. There are Akari roots in Martenyika. It is the natural choice for this court to finally affirm Martenyikan sovereignty over Sunset Isle. I believe your excellencies, as respected and impartial judges, already understand the importance of actions over words. What is shown versus what is said to be so.

In finding Martenyika the sovereign owner of Sunset Isle, we would request that Laeden be required to remove its claim on Sunset Isle, rendering it null and void.

Should this not be the finding, Martenyika is also willing to entertain a joint sovereignty agreement with Laeden over Sunset Isle, which would be established by treaty.

I would like to thank our arbiters, Honorable Judges Karlevsi, Mendoca, and Sokolowski for approaching this matter with open minds. Know that whatever your decision, I on behalf of the Republic of Martenyika thank you for your valuable service."

"And sir," Kiessou turned towards Gustave Regnier, "no matter the outcome, in the paraphrased words of Consul d'Albignac, our nations can still share the middle ground as we have before. Thank you, thank you all."

[Ainslie]

The first amicus | Red Oak Court
Impærlige Courthouse, Eridanis, Solaryia

“R N Carine, on behalf of the International Parks and Nature Organisation. With me is Gerard Deserres, the field office director for the South Mesder - an expert that the arbitrators may call upon if it pleases their excellencies.

We begin by thanking their excellencies for their invitation to address those present as to the unique standpoint from which we stand on when looking at this crisis. We further acknowledge the partnership and respect that civil society has towards our organisation, which has been a mainstay in environmentalist action for some years now.

For the benefit of those present, our work in the International Parks and Nature Organisation largely focuses on aiding national governments to make better decisions that are in their interests to protect their environments and shield their ecosystems from a number of detrimental situations that can be caused by mankind’s intervention into the natural world. We have multiple offices and initiatives across The Western Isles, most poignantly for your purposes today, one in the city of Arcadia, in Laeden. As such, we are well positioned to offer advice and insight that may not be made available by the parties to this arbitration.

We shall take the liberty firstly to comment on the opening statements made by those representing Laeden and those representing Martenyika, before providing our opinion to their excellencies.”

Rennal Carine, a barrister and graduate from the Universaire Unife, and the chief legal counsel for IPNO paused before continuing.

“We note that the counsel for the Laedenians has drawn attention to the first account of the island being by a national from Laeden, Rodolphe Benechien, in 1762. We would encourage your excellencies to accept such a fact in considering their claim of sovereignty. However, we should stress that there is an intervening period between this first discovery and as Mr Regnier draws attention to himself, some decades until the Laedenians begin to turn their eyes back towards the island. Further, whilst we sympathise with the turmoil that occurred in Laeden, the cold truth is that there had been many years since Laedenian nationals showed any genuine commitment to the island or any interest in asserting its sovereignty over it. We would suggest that this may amount to an abandonment of the island and hence any sovereignty deriving from this first instance would be fraught. Further, there is no evidence or adherence of the ‘right to discovery’ in the international law of The Western Isles. If there were, however, we would still turn their excellencies to the point that the nation had the opportunity to assert its sovereignty. We are not talking about natives amounting to thousands or hundreds of thousands here. It would have been an imperialistic and abhorrent act but not a difficult task to have effectively colonised the island - a relatively simple exercise that has not been brought to light by the counsel for Laeden. Further, we would dispute the assumption of Mr Reigner that outlines that the Martenyikans had assumed Laedenian sovereignty or some form of subset of it over Sunset Isle. The sort of bilateral collaboration that occurred during the immediate crisis is not uncommon and if your excellencies ruled that this had relevance, it may establish a dangerous precedent. For there to be any recognition of sovereignty, there would have to be some nexus point that you could indisputably identify as the place where Laeden’s sovereignty over Sunset Isle was established. Whilst their excellencies are open to make a decision to the contrary, it would be the understanding of the International Parks and Nature Organisation that there are little grounds to make such a finding.

We now turn to the comments of Mr Kiessou, who is representing the Martenyikans in this matter. The Martenyikan Navy has essentially governed the waters surrounding Sunset Isle without issue for the most part since the 1912. At least, that is what records kept by us suggest. They have been benevolent guardians of fragile ecosystems, vulnerable humans and the rich fisheries the Akari rely on so heavily for their continuance as one of the last frontiers of modern society. In 1912, Martenyika unilaterally passed laws to govern the environmental resources of Sunset Isle. However, this seems to a third party such as us as more like a gross abuse of extraterritorial law-making than any form of sovereignty. The potential linguistic and cultural support that Akari-descendant communities in Martenyika could be of great use to your excellencies. Here we have a bridge between the Akari and the modern societies we all live in. However, it must be built first. That is the opportunity that your excellencies as arbitrators in this binding dispute resolution process have. This bridge is not built by finding a source of sovereignty. In our opinion, claims to sovereignty by either of these nations would be problematic due to the lack of sheer basis.

In the absence of any sovereignty asserted by control or conquest, it appears that the self-determination of the Akari must be respected and honoured in any decision made surrounding the Sunset Isle.

Instead, the International Parks and Nature Organisation wishes to humbly bring before this Court a third option - a middle ground option that would be both attractive and satisfying to all parties involved. It would recognise the self-determination and the basic rights to sovereignty that the Akari may have. It would leverage the potential of cultural ties that exist in Martenyika to the Sunset Isle and hopefully acknowledge the interests the Laedenian Government may have in resources on the island. We propose that a culturally aware board be created of Laedenian delegates and Akari-descendant Martenyikans as well as government officials from Martenyika to design a treaty with the Akari of Sunset Isle to govern any areas of concern either government may have with one another or with affairs on the Sunset Isle. It is to be sensitive to the concerns of the Akari people and shall have the mandate to respect the voices and wishes of the Akari whom they would be regularly in contact with. In this way, the natives may gradually be integrated into the lifestyle that all of us share - if they wish to do so. Otherwise, they shall remain protected and shielded by the full weight of international law by a treaty proscribing any conduct that would involve people interacting with them or their island - returning it to the status quo before this crisis occurred.

The other alternative we immediately see is that your excellencies recommend that Sunset Isle be designated an International Park, to be considered by our Organisation to be added to the collection of conservation reserves that we manage in partnership with national governments. In this way, the Laedenian and Martenyikan Governments would engage in dialogue through a known body to them - Martenyika has close contact already with us through the International Parks program, whilst the Laedenians graciously have made premises available for us to set up a modest headquarters in their capital. The Organisation would then begin to investigate as to how best to tend to the needs and desires of the Akari in a neutral, research-based and evidence driven manner - not for the interests of asserting sovereignty or exploiting natural resources. As an International Park supported by the decision of the arbitrators, it would be protected for generations to come. This is in contrast to the legally and morally unsettling claims of sovereignty and control that some are trying to assert in this room.

There is also capacity for the latter option to be used as an alternative to the former option, a circumstance we could see as being a desirable option to your excellencies.

We shall be available for further questions, clarifications or to be called upon to provide expert or alternative opinion as your excellencies ask or require of us.

Thank you”

[Laeden]

The Laedenian delegation looked at Regnier worriedly. The man had listened carefully to all the arguments put forward by the representatives of Martenyika and IPNO. He got up calmly, straightening his tie, and walked to the center of the rostrum, where he began to speak.

“It is a huge privilege to be able to observe the distinguished colleagues at work. The jurists who have just presented their arguments, Your Excellencies, are the faithful portrait of the vanguard of world legal thought, so that, even before starting my argument, I could not fail to reserve a few words to express my immense respect and admiration for all members of this debate.

Having said that, I regret to say that the rhetoric constructed by the noble representative of Martenyika does not deserve to prosper. The argument that patrolling the sea near Sunset Isle would give Martenyika sovereignty over the island simply does not hold. As I have already explained, patrolling international waters and combating cross-border crime is the task of all sovereign nations. In playing this noble role, Martenyika did not attract the sovereignty of the island, but only helped to keep it safe. Thank you for that, but we firmly reject their argument.

The argument of the anthropological and genetic connection between the Akari and the people of Martenyika is not worth considering either. This is because, Your Excellencies, genetic similarities can be found in all nations. The history of the world is one of conquests, migrations, wars and miscegenation. A more cautious analysis of the genetic composition of the population of Martenyika would certainly indicate a significant presence of genes that trace a line of ancestry directly to Razzgriz, since in the 16th century Tásztłí explorers arrived to Martenyika, establishing domains in the region. At this time Tásztł was a Hangate of the Khas Kirati Empire, which dominated Martenyika for centuries, mixing with the local population and leaving its genetic heritage to the Martenyikan nation. By analogy, using the reasoning of the noble representative Kiessou, would it be correct to say that Martenyika belongs to Razzgriz?

Cultural, ethnic, social and genetic elements are shared by nations around the world. This type of anthropological consideration cannot serve as a subsidy to reject the claim made by Laeden.”

Regnier paused briefly, as if he had ended his exposition. However, after a few seconds, he resumed his speech:

“Now, regarding the intervention of the amicus curiae, it is obvious that IPNO's representative wishes to teach Laeden in a verbal trap, employing, to that end, a cunning collection of misleading information. As we stated in our opening statement, it is true that Laeden deliberately failed to establish permanent bases on the island, or take steps to strengthen his hold on that territory. However, Your Excellency, I suspect that if we had done that, today we would be accused of being colonizers and imperialists. As we didn't, they question our sovereignty over the place. It can be seen, Your Excellencies, that nothing Laeden could do would stave off the rage of those who wish to alienate Sunset Isle from the Laedenian nation. If we do something, we are invaders. If we don't, we are silent. The last few weeks have been filled with all sorts of political and social attacks by non-governmental groups and political movements, targeting Laeden, for the simple fact that our nation has sought its rights. We cannot allow this illustrious court to give voice to arguments that are driven by hatred or greed, even indirectly.

Later in his speech, the IPNO representative suggested that the organization be in charge of looking after the island. Speak of him denounces the mission of his participation in this court: to jettison Laeden from Sunset Isle and take her for his own! The same ones who accuse Laeden of being an imperialist nation for sending ships to guard Sunset Isle are the ones who present themselves today to, through obscure arguments, take for themselves what is Laedenian by right. This, Your Excellencies, we will not admit!”

Regnier ended his argument, maintaining his composure despite his fiery rhetoric. With polite greetings to all present, he left the rostrum and returned to his seat.

[Solaryia]

Over the course of the opening statements and arguments, Karlevsi had been listening intently, staring down at the delegates as they made their arguments with an icy, yet attentive gaze. After the Laedenian delegate had made his first argument, the Judge stood up, waiting for silence before speaking.

“Firstly, thank you all for stating your cases and arguments. However, before we get into the details of the Isle’s history and genetic heritage, I would like to ask a question. This question, I direct to the delegations of both Laeden and Martenyika. Just to be certain, has there ever been any historical document either stating agreement between Laeden, Martenyika, or their historical counterparts that gives definitive ownership, either implicit or explicit, over the Sunset Isles? And if not, are there any historical documents or agreements from either side stating that your nations officially claim the Isle?” Karlevsi spoke, pausing for a brief second before adding something on.

“And in addition, with respect Mr. Regnier, I will not tolerate theatrics or unsubstantiated accusations of untruth within this tribunal. We are simply here to decide the legal owner of the island, if there is one, and I will only take into account those arguments that can apply to it.”

[Laeden]

Regnier quickly stood up, a smile on his face.

“Actually, Your Excellency, we have a document,” he said, approaching the rostrum. If, on the one hand, the noble delegation of Martenyika argued that their government produced laws and applied them in relation to the island, the illustrious Mr. Kiessou forgot to mention that this was not done out of interest in Sunset Island. In fact, the presence of de Martenyika at the site was mostly made up of fishermen, with some ships from the de Martenyika navy carrying out patrol missions occasionally. The stipulation of the ban on landing on the island was only given in 1912, after an incident in which Martenyikan naugraphs were attacked by the Akari natives. As you can see, Your Excellencies, there has never been an occupation of the island, nor a desire to occupy it, on the part of de Martenyika. On the contrary, the interest was only in the rich waters of fish that surround the island.

This brief historical digression is relevant because in 1912, when de Martenyika instituted the no-navigation zone around the island, the Laeden government protested, stating that de Martenyika could do that because the island is Laedenian”

Regnier looked at his assistant, making a gesture with his hand to signal that she should prepare the document that proved what he was saying.

“And, most importantly, Your Excellency. In 1912, when the castaways of de Martenyika were killed by the Akari, the government of de Martenyika expressly failed to investigate and punish the culprits on the understanding that the Akari did not understand the laws. de de Martenyika, and who therefore could not be judged on the basis of these laws. Now, Your Excellencies, the ability to handle the legitimate exercise of violence, that is, the application of law and law, is a basic assumption of the very concept of sovereignty. In my interpretation, when de Martenyika failed to take appropriate measures against the Akari, she implicitly gave up her rights to the island.

And when a representative of Laeden, the illustrious and late Louis Colbert, was sent to de Martenyika to negotiate the withdrawal of military ships from the region, the government of de Martenyika claimed that he would only do so if Laeden agreed to pay compensation to the families of the dead sailors, as well as to the Martenyikan state.

It seems clear to me, Your Excellencies, that this is an indication that de Martenyika was never seriously committed to the control of the islands. I am sure you will come to the same conclusion as I do.”

Regnier ended his speech, more politely, and sent his assistant to take the pertinent documents for President Karlevsi's assessment.

[Martenyika]

André Kiessou rubbed his chin as he digested the statements from the IPNO and Laedenian representatives. As soon as Judge Karlevsi mentioned documentation, he began to sift through his stack, and found what he required. He waited until the floor was open, then took center stage.

"We also have documentation, your honor. This," he briefly held up two documents, "is a copy of an official 1912 declaration from the Martenyikan monarch himself. I quote: 'in choosing not to prosecute these specific criminal transgressions on Sunset Isle, Martenyika does not explicitly nor implicitly nullify its claim on the territory...'. And, this is a copy of the official pardon from the same monarch. Your honor, your excellencies," Kiessou addressed them as he approached the bench and handed over the two documents. He stepped back towards center stage.

"You will notice how the king worded it: 'these specific criminal transgressions.' He was referring to the incident involving the killing of several Martenyikan fishermen on Sunset Isle, which Mr. Regnier alluded to just a moment ago. Even then in 1912, what the Akari did was deemed a criminal act, rather than anything involving geopolitics. The king utilized his power of pardon. I'm afraid Laeden is mistaken to believe that a lack of criminal prosecution nullified Martenyika's territorial claim to Sunset Isle.

Let's return the beginning of February, 2022. It has been argued that Martenyika asking Laeden to assist in searching for the lost ship was akin to Martenyika confirming Sunset Isle is Laedenian. Implying that Martenyika dropped its own claim once and for all. I think Laeden read too much into the request, which was purely for assistance in search-and-rescue operations. Many Martenyikan lives were potentially at stake, and at the time we believed their best chance of survival was to increase the number of personnel searching for them. Unfortunately, most could not be recovered, but at that time they were Martenyika's sole concern. Martenyika never implicitly validated Laeden's claim nor invalidated its own by choosing that course of action, to do the best for its lost servicemen."

[Solaryia]

“Alright, thank you both for your… illustrious statements.” Karlevsi announced, standing up after both sides were finished with their arguments. He then continued, looking to both judges besides him.

“The judges will now convene in order to come to a determination regarding the Isles.”

———————————————

After what seemed like months of waiting, the judges once again came out, with Karlevsi standing up with a few sheets of paper. Putting on reading glasses, he looked down, and started to read from it:

“In our determination, the Akari population must be protected above all. Considering that the Akari population is a tribal population and not a proper nation state, they do not have economic interests in this dispute on the sense of the international economy as Laeden or Martenyika holds, and as they’re not a proper nation states, they do not have the same rights and privileges that both nations mentioned prior do.

Despite their non represention in this court, they still deserve to preserve their way of life, and under Section 2, Article 5 of the Second League charter, the Akari peoples have a right to maintain their safety and stability without interference from outside powers.

However, I would also propose that both nations hold joint fishing rights on the hypothetical EEZ of the Sunset Isle, in accordance with international maritime and environmental laws. Such a common EEZ would have the limit of 15 nautical miles from the island and up to 200 nautical miles, unless such 200 nautical miles are to be cut off from the EEZ of any of the other two nations, on which the particular national EEZ supersedes the common EEZ. From 15 to 75 nautical miles around the island, there must not be aggressive fishing activities, to ensure the population growth and environmental preservation of the areas in and around the island. The EEZ from 75 to 125 nautical miles of the island includes only the exploration of fishing, and from 100 to the limit may include joint exploration of the seabed, namely deep-sea mining.

In addition, no recreational, mercantile, or military vessel should enter the 15 nautical mile radius of the island, unless of necessity and approved by an observer from the International Court of Justice.

Maritime law concerning the area shall be done in accordance with a treaty settled by both nations, as well as the maritime law of the League, and resolved by an international court created for these matters composed at all times by three judges, one from Laeden and one from Martenyika, the third should be nominated from the International Court of Justice. Such court shall also include maritime criminal law for the area. The policing on the area shall be conducted by both nations, on a cooperating basis, with international oversight.

Regarding the island itself, the court absolutely prohibits of any form of its surface exploration, including economical, recreational, and military uses. In addition, all further attempted contact with the Akari peoples is prohibited. All scientific studies of the island are to be done from the air, with approval needed from both the Laedenian and Martenyiken governments. In addition, we also express support for the island, and the waters around it, to be designated as an international park under the IPNO. That is the official determination of this court.”

[Uprea]

Judge Felipe Mendoza got up from his seat after the solaryian judge Karlevsi had finished.

"To further clarify the courts decision in this matter. I would like to explain the process of argumentation the court took when coming to this final conclusion.

As pointed out by the honorable Judge Karlevsi, the Akari tribe is not considered a proper nation state. While this is correct, it can very easily be confused with the term "proper civilization" which, as the court ultimately determined, is the main factor as to why it has been granted similar rights regarding the protection from outside influences.
The main difference between a proper nation state and a proper civilization, is the point of political, economical and social progress a civilization has to show. To simplify this, every nation state is a civilization, but not every civilization is a proper nation state.

Arguing first regarding the term "Civilization" are the following points in favor for the Akari Tribe:
- a group of people marking the members of this civilization
- a language
- a clearly defined territory
- a religious belief system (not necessary, but present in this case)
- a social class system (in this case elders, hunter, gatherers, etc.)
- a form of government (in this case gerontocracy)
- a self sustaining food supply
These points classify the Akari Tribe as recognizable civilization in the eyes of the court and worthy of protection.

In order to complete this argumentation, the court then asked the question of defining a "proper nation state" and what sets it apart from a mere "civilization" like the Akari. Note that this is not a full set of characteristics defining a proper nation state, but merely points, which clearly set apart the Akari civilization from other proper nation states. The court will refrain from trying to define, in its entirety, what a proper nation state is, as such is also not part of the matter at hand:

- an international policy:
While isolationism is, naturally, considered a form of international policy, the lack of awareness of other nations and their international policies underlines the fact that the Akari tribe does not have a international policy. Trespasser are treated as hostile like any other threat (like for example a dangerous animal).

- Domestic Political and Economical Interests
Once again, any nation may choose to not pursue any international interests, but such simply can not be assumed for the Akari Tribe. Their situation can not be compared to an actual choice but instead more with a lack of knowledge. Furthermore while any nation may choose to not have any economical or political interests internationally, any nation state should have such interest at least on a domestic level. This is considered to be essential as it drives forward the overall progress and state in which a nation finds itself in. From what is known of the Akari Tribe, they seek to live autarch, while not making any progress whatsoever economically, nor politically, nor socially. The court sees the lack of wanting to expand their territory (through exploration for example), the lack of communication between outsiders and the Akari, as well as the primitive lifestyle to be major indicators for this argument.

- Legislative, Executive and Judicative Power
Besides other indicators, a nation state also defines itself upon those three pillars. From what is known of the Akari tribe, it is possible for their form of government to be considered a form of gerontocracy. Even though all three powers could be combined in this form of government, giving the elders power to speak, enact and create law, it is not known that the Akari Tribe possesses an actual written set of rules by which to live by. As such, decisions are made more or less random, individual for each case, and with no actual guidance from some sort of law. Naturally, the Akari Tribe also judges and executes upon such rather random decisions.
Furthermore the question arises, how it is decided who gets to act in this form of government. Questions like "When is one considered to be an Elder?", "Is there a hierarchy between Elders?", "Do all Elders have the power to decide?", "Can one choose not to decide, even though one is an Elder?", "Can a Non-Elder question the decision of an Elder?", etc. are questions the court first of all has no answer to and second, does not even know with certainty, if the Akari themselves have answers to such. The Court can therefore not to 100% grant the rights of a proper nation state to the Akari Tribe.

Such indicators are to be added to the requirements of becoming a civilization in first instance and, should they be fulfilled, be arguments for the civilization to be considered a proper nation state.

The fact that many unknown factors (such as, if there does exist a written law), which may or may not exists, will never be known or will remain unknown for the foreseeable future, as it would violate the boundaries the Akari clearly set for their territories, allowing no outsiders to pass, also played into the courts decision.

Regardless however of the decision, whether to grant the Akari Tribe the title of nation-state or simply that of a civilization, the case verdict does not change. In any case the Akari Tribe is considered to have certain rights and is worthy of protection, marking this argument to be the main factor for the verdict."