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INTERNATIONAL COURT OF JUSTICE
SPECIAL AGREEMENT
BETWEEN THE REPUBLIC OF ANTRANO (APPLICANT)
AND THE KINGDOM OF REMISIA (RESPONDENT)
TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE
THE DIFFERENCES BETWEEN THE PARTIES
CONCERNING THE STERREN FORTY
jointly notified to the Court on 15 September 2023
COUR INTERNATIONALE DE JUSTICE
COMPROMIS
ENTRE LA RÉPUBLIQUE D’ANTRANO (DEMANDERESSE)
ET LE ROYAUME DE REMISIA (DÉFENDEUR)
VISANT À SOUMETTRE À LA COUR INTERNATIONALE DE JUSTICE
LES DIVERGENCES QUI OPPOSENT LES DEUX PARTIES
CONCERNANT LES QUARANTE DE STERREN
notifié conjointement à la Cour le 15 septembre 202 3
JOINT NOTIFICATION
ADDRESSED TO THE REGISTRAR OF THE COURT
The Hague, 1 5 September 202 3 On behalf of Applicant, the Republic of Antrano, and Respondent, the Kingdom of Remisia, in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honour to transmit to you for submission to the International Court of Justice an original of the Special Agreement of the Differences between the Applicant and the Respondent concerning the Sterren Forty, signed in The Hague, The Netherlands, on the fifteenth day of September in the year two thousand twenty-three. ( Signed ) Their Excellency Moso Funile Ambassador of the Republic of Antrano to the Kingdom of the Netherlands ( Signed ) Her Excellency Ippolita Littlejohn Ambassador of the Kingdom of Remisia to the Kingdom of the Netherlands
Article 5 (a) The Parties shall accept any judgement of the Court as final and binding upon them and shall execute it in its entirety and in good faith. (b) Immediately after the transmission of any judgement, the Parties shall enter into negotiations on the modalities for its execution. In witness whereof, the undersigned, being duly authorised, have signed the present Special Agreement and have affixed thereto their respective seals of office. Done in The Hague, The Netherlands, this fourteenth day of September in the year two thousand twenty-three, in triplicate in the English language. ( Signed ) ( Signed ) MAGANA DA DUNIYA EMIL BENOIT Minister of Foreign Relations Minister of Foreign Affairs Republic of Antrano Kingdom of Remisia
SPECIAL AGREEMENT
THE CASE CONCERNING THE STERREN FORTY
ANTRANO / REMISIA
- The Mahali Archipelago is a group of tropical and subtropical islands, coral reefs, and atolls located south of the equator in the Emerald Ocean. In the 17th^ century, the islands of the Mahali Archipelago were colonized by European countries. Boundaries were established by the colonial powers generally according to the lines separating identifiable ethnic groups. In the decade following World War II, these colonies gradually achieved independence, with their borders corresponding to the colonial boundaries.
- Established in 195 1 , the Republic of Antrano consists of one large and 16 smaller islands within the Mahali Archipelago. Unlike its neighbors, Antrano was primarily a homeland for nomadic peoples, which welcomed ethnic and religious minorities from throughout the region. Consequently, Antrano was, and remains, home to a mix of races and ethnicities coexisting in a constitutional republic. As of its 2020 census, its population was one million.
- The first President of Antrano, Muna Songida, elected in 195 1 , committed his nation to the plight of stateless persons around the globe, proclaiming that “Antrano, a new nation of people who were once stateless, must take the lead in securing enforceable rights for our brothers and sisters around the globe who are without a homeland.” Songida was a vocal proponent of the Convention Relating to the Status of Stateless Persons in 1954 and the Convention on the Reduction of Statelessness in 1959. In 1960, he established the Antranan Department of Nationality Rights to coordinate the country’s domestic and international efforts to reduce and prevent statelessness. After retiring from domestic politics in 196 6 , Songida lectured at universities around the world on the plight of stateless people and their right to nationality, and lobbied states to ratify both Conventions.
- Antrano continues to take a leading role in promoting the rights of stateless persons around the world. Its representatives to the United Nations and other international fora regularly propose resolutions to raise awareness regarding statelessness, and Antranan officials
government would encourage foreign investment in critical industries, consonant with the best interests of Remisia and its people.
- In 2008, Her Majesty signed into law the Naturalization by Investment Act (NIA), which authorized the government to grant citizenship to any applicant “who purchases real property, contributes to the National Infrastructure Development Fund, or otherwise makes a direct investment in the Remisian economy, of [€500,000] or more.” The NIA has two stated purposes: to raise revenue and to promote Queen Khasat’s goal of encouraging foreign investment and international commerce. It does not require that the applicant maintain a residence in Remisia.
- The Home Department of Remisia thereafter announced the “Naturalization by Investment Program” (NIP), a worldwide marketing campaign which invited high net worth individuals to apply for citizenship under the NIA. NIP advertisements were featured online and in major global financial publications, promoting the benefits of Remisian citizenship, including the ability for passport holders to live, work, and study in Remisia, to travel without a visa to 120 countries, and to obtain consular and diplomatic assistance in any of the 140 countries where Remisia has an embassy or consulate. Remisian law permits dual citizenship.
- The NIP was, according to the Home Department, extremely successful. Approximately 200 foreign nationals applied in the first year, and although the numbers have declined somewhat, approximately 50 applications have been received annually since then. Numerous citizenship-by-investment websites have recommended the program as “efficient, and considering the benefits, reasonably priced.” From its inception through the end of 2021, the Program is credited with generating the equivalent of over €1.5 billion in gross revenue for Remisia.
- Ms. Saki Shaw was born in 1970 in Molvania, an island nation in the Caribbean Sea. Shaw’s grandmother, Pevara Shaw, was the Molvanian Minister of the Treasury for decades before she founded the Shaw Corporation (“ShawCorp”), a multinational minerals and mining conglomerate. ShawCorp is registered and headquartered in Molvania, and its stock is publicly traded. The Shaw family has controlled at least 50 % of the shares of ShawCorp since its founding.
- In 1988, Saki Shaw met then-Princess Khasat while both were on holiday in St. Moritz, Switzerland, and the two women formed a close personal friendship. Ms. Shaw visited Sterren Palace in Kamil (the capital of Remisia) twice in her undergraduate years. After completing her business degree, Ms. Shaw was appointed the head of Lithos Limited, a wholly owned subsidiary of ShawCorp, also headquartered in Molvania. Under her leadership, Lithos expanded into leasing and operating cobalt and other mines and refining ore in more than a dozen countries, with regional headquarters in Vancouver, Kinshasa, Melbourne, and Duniya (the capital of Antrano).
- In April 2014 , the Molvanian national newspaper Alitheia published a series of investigative reports into ShawCorp and its subsidiaries which alleged that the company and its principals had engaged in money-laundering and tax evasion. The Minister of Justice opened an inquiry into ShawCorp’s operations in Molvania, issuing subpoenas for documents and testimony to numerous members of the Shaw family, including Saki Shaw. Authorities have been unable to serve the subpoena on Ms. Shaw, as she purchased a residence near Trieste, Italy, in 2012 and has not returned to Molvania since then.
- In November 2014 , Ms. Shaw contacted Queen Khasat and proposed a joint venture between Lithos and the Remisian Ministry of Mines. The business plan she submitted, later made public by the Palace, claimed that the venture would increase cobalt mining and refining in Remisia more than sixfold over the next ten years. Ms. Shaw proposed that 51% of the joint venture would be owned by Remisia and 49% by Lithos. Lithos’s initial investment would be three million Euros, with more funding available as and when needed.
- Queen Khasat forwarded the proposal to her Prime Minister, Van Sezan, and directed him to meet with Ms. Shaw to negotiate a possible deal. On 1 0 November 201 5 , Ms. Shaw and the Prime Minister signed an agreement creating the joint venture. Lithos transferred five million Euros to the Remisian bank account of the new entity, styled the Lithos-Remisia Cooperative (LRC), which promptly commenced exploration for appropriate sites.
- At a press conference announcing the creation of the LRC, Prime Minister Sezan disclosed that, as part of the arrangement, Saki Shaw had personally contributed € 50 0,000 to the National Infrastructure Development Fund and applied for citizenship under the NIP. Ms. Shaw’s application, disclosing that she had not visited Remisia since she attended the
more than 30,000 students walked out of classes. In many places, faculty members offered public lectures and panel discussions on topics relating to the protests. In other locations, students marched outside their school buildings carrying signs denouncing the licenses and demanding that all LRC operations be halted.
- At Remisia National University in Kamil, some students were seen holding up a placard that read, “The Queen’s friend is threatening our future.” They were approached by the police, and a live television feed reported this exchange: Police Officer #1: “Take down that sign! It is disrespectful to Her Majesty!” Student #1: “But we all know the only reason this company is allowed to poison us is that they have a friend in Sterren Palace.” Police Officer #1: “Let me warn you, young lady. You are skating on thin ice. You are insulting the Queen. You know that I can arrest you for that!” Student #2: “We are not insulting the Queen. We are just stating a fact! There is no way these permits would have been granted if Saki Shaw and the Queen were not friends.” Police Officer #2: “Listen, kids, we don’t want to arrest you, but we will, unless you take down your sign. If you want to say ‘Saki Shaw is doing whatever,’ that’s fine. Just don’t say ‘the Queen’s friend.’ All right? You don’t want trouble, and neither do we.” The sign disappeared from view in the television footage, and the police continued to patrol the area without additional incident.
- Students around the country returned to class the next day, but the government did not alter or retract the permits granted to LRC. ILSA leadership met again on 6 February and issued a communique, of which the following is an excerpt: There is no doubt that the unacceptable decision of the Ministry of Mines is the result of the personal relationship between Her Majesty and Saki Shaw. We are greatly saddened by this. We have been raised to believe that our Monarch always places the wellbeing of her citizens above all else. We deeply regret that we must now question whether that is true. While we are sad, we are also angry. It is impossible to imagine that young Remisians are subject to arrest for no crime other than speaking the truth. There must be a public dialogue over whether our national future is being betrayed. We will start that dialogue, no matter the consequences. That is our commitment to a democratic future for our beloved nation.
- Two days later, protests resumed throughout Remisia. At the National University and other educational institutions, thousands of nearly identical signs were held aloft by demonstrators. They read “Her Majesty is sacrificing our health on the altar of friendship!”
- The police arrested seven students suspected of coordinating the demonstrations. Following an “EMERGENCY MESSAGE” on ILSA’s WhatsApp channels, several thousand demonstrators abandoned their campus protests and began blocking the access roads to the mining facilities. Some chained themselves to the entrance gates and the machinery at the mine sites. The students at one location began chanting: “Her Majesty has betrayed us.” Press photos showed that many of the protestors had tears streaming down their faces as they marched.
- The Minister of Mines ordered the release of the seven arrestees and offered to meet with them, but the demonstrations continued for three weeks, effectively crippling the mining operations. Prime Minister Sezan ordered the police to restore calm. When initial requests to the students to disperse peacefully from the mine sites were ignored, the police deployed tear gas. In the resulting chaos, those who had chained themselves in place were arrested. On 27 February, more than 1,000 student demonstrators were detained across Remisia. Forty protesters were arrested at the gates of Sterren Palace, where they had formed a human chain blocking entrances and exits. The Queen was not in residence at the time of these arrests. Images of the 40 students being dragged away from the elaborate gates of the Palace were front-page news across the globe; the protesters were dubbed “the Sterren Forty” by the press.
- The Attorney-General of Remisia announced that all involved in the ILSA protests would be charged under the DCA, but that charges would be dismissed against those who signed a written apology to Her Majesty. In the end, formal charges were laid against 230 students who refused to apologize, including all of the Sterren Forty.
- ILSA issued a response to the Attorney-General’s announcement: We never intended to challenge, much less to insult, our Queen. But we never realized that our democracy was so fragile, and so unwilling to face the truth, that it cannot tolerate free debate about a matter of grave concern. If we must choose between the Monarchy and democracy, between the hidebound past and a free future, and between blind acceptance and real accountability, then the choices are clear. We salute those whose lives will inevitably be disrupted for acting in our common interests. And we certainly
and more countries strip people of their citizenship, all too often as a tool to quash dissent. We read about young students who are sentenced to years in prison before being cast out of their country with nowhere to go. The world must say loudly and firmly that this is unacceptable. In the spirit of the great President Songida whose life we celebrate today, I offer to meet with the Prime Minister of Remisia, so that in a spirit of mutual respect and cooperation we can explore alternatives to rendering more people stateless.
- Remisia’s Foreign Minister sent a diplomatic note to President Iyali protesting his comments as unwarranted meddling and asserting that Remisia had every right to prosecute violators of its domestic laws in its own territory and that there was no proper basis for any interference by foreign powers.
- President Iyali directed the Secretary of Nationality Rights to contact Remisia’s Home Office to try to resolve their differences respecting the application of the DCA to the ILSA protesters “before matters escalated.” Remisia declined the suggestion, calling it an interference in its internal affairs and denying that there was any kind of international dispute to discuss.
- In January 202 2 , Antrano served as President of the United Nations Security Council. The Antranan Ambassador to the UN submitted a memorandum pursuant to Article 35 of the Charter to the Secretary-General and the Council. It claimed that application of the DCA to the ILSA protesters in Remisia gave rise to a “dispute … which might lead to international friction” which, if allowed to continue, could “endanger the maintenance of international peace and security.” Antrano sought action by the Council under Articles 34 and 36 of the Charter and asserted that Remisia had rebuffed its attempts to resolve the dispute amicably as required by Article 33. Debate on the matter was scheduled for 2 8 March.
- On 7 March 202 2 , the Attorney-General of Molvania annulled the 2014 subpoena for Saki Shaw, and in its place issued an arrest warrant charging her with bank fraud, money laundering, and obstructing the course of justice. Since Molvania has a treaty of extradition with Antrano, and since the Molvanian authorities were aware that Ms. Shaw would shortly attend an upcoming meeting of the Lithos Board of Directors in Duniya, the Molvanian Attorney-General delivered a formal request for her extradition.
- Neither the existence of the warrant nor the extradition request was made public. Upon receiving the request, the Antranan Foreign Ministry issued a note to the Ministries of Justice and Interior Affairs stating that it appeared to be in order, that it would be executed promptly, and that Antrano expressed no views as to the guilt or innocence of the person named therein.
- On 15 March, Saki Shaw landed in Duniya, planning to attend the ShawCorp board meeting set for the next day. She presented her Remisian passport at the immigration checkpoint, was cleared for entry, collected her luggage, and took a taxi to her hotel. Early the next morning, she was detained by Antranan police on the authority of the extradition request. She was taken into custody and her two passports – from Molvania and Remisia – were confiscated.
- Ms. Shaw informed her arresting officers that she was a citizen of Remisia and demanded to exercise her right under the Vienna Convention on Consular Relations to speak to the Remisian consul. Hours later, the chief of police in Duniya personally informed her that her request was denied, and gave her a formal written notice that read, in relevant part:
- The laws of Antrano do not recognize purchased citizenship and any passports issued under such an arrangement are without legal effect in Antrano.
- According to our records, you are a citizen of Molvania and not of Remisia. The decision to admit you to Antrano on a Remisian passport was an error by immigration officials. The entry stamp in that passport has been canceled, and a proper entry stamp has been placed in your Molvanian passport.
- We have informed the Consul General of Molvania of your detention, and she has indicated a willingness to meet with you as soon as possible.
- Ms. Shaw informed the police chief that she did not wish to meet with any Molvanian official and reiterated, in writing, her demand to see the Remisian consul. She received no reply. The next morning, a guard informed Ms. Shaw that she had a visitor, but when she realized the person was a Molvanian consular official, Ms. Shaw refused to meet her.
- On 1 8 March, Remisia’s Ambassador delivered a message to the Foreign Ministry of Antrano: “We have become aware that Saki Shaw, a Remisian national and close friend of our Queen, is being held in an Antranan jail. We hereby assert our right to a consular
It is gratifying that the members of the Security Council have agreed that statelessness is a plague, to be wiped out just as we try to eradicate smallpox and leprosy around the world. It is a true shame that Remisia insists that it is perfectly lawful to deprive its citizens of nationality. The government of Antrano, inspired by the memory of our great founding President Muna Songida, is proud to take the lead in this worldwide effort, which we hope will be instrumental in achieving his dream of ending statelessness, once and for all.
- Dr. Tulous Malex, a world-renowned expert in matters relating to statelessness, was selected to lead the UNIMR. Dr. Malex is an Antranan national; he holds the Songida Chair in Human Rights Law at the State University of Antrano and serves as the senior legal advisor to the Department of Nationality Rights. On 1 June 202 2 , UNIMR began its preliminary research. On 14 July, Dr. Malex submitted a formal request to Remisia to meet with the Sterren Forty.
- The next day, Remisia’s UN Ambassador wrote to the Secretary-General, announcing that his government would not permit Dr. Malex to enter without proper documentation, and that Remisia would not grant an entry visa “for the purpose of unlawful and unjustified meddling in our domestic affairs, the sole goal of which is embarrassing my country and our Queen.”
- The Secretary-General reported Remisia’s response to the Security Council, which discussed the matter on 18 July 2022. Representatives of Antrano and Remisia were present. While no resolution was adopted, the President of the Security Council concluded the discussion by noting that “all UN members must carry out their obligations under the Charter in good faith, and denying entry to the UNIMR chief would be a violation of those obligations and of Resolution 99997.”
- Dr. Malex announced on 25 July 2022 that he intended to visit Remisia from 10 to 20 August, and that he “remain[ed] confident that the government of Remisia will not impede or interfere with the visit.” There was no public response from Remisia.
- On 3 August, Dr. Malex wrote to Prime Minister Sezan, informing him that he would arrive at Remisia International Airport on a commercial flight at around noon local time on 10 August. He asked for assurances that he would be admitted without hindrance on the basis
of his United Nations laissez-passer (UNLP) and that the relevant authorities would cooperate in making the mission a success. He repeated his request to visit the prison in which the Sterren Forty were housed and pledged that he would observe and respect Remisian law at all times during his stay in the country.
- The Remisian Ambassador to the UN again responded to the Secretary-General: I am instructed by my government to reiterate our position. The so-called ‘United Nations Inspection Mission to Remisia’ is unprecedented, illegal, and unwelcome in our country. Resolution 99997 did not impose any legal obligations on us and the decision to allow or deny entry into our territory remains our sovereign prerogative. Like other travelers, should Dr. Malex arrive at the airport, he will be asked to display a proper visa, and if he does not, he will be denied entry.
- Informed of this response, Dr. Malex met with the Secretary-General in New York on 8 August. Following their conversation, the spokesperson of the Secretary-General released the following statement: The Secretary-General condemns the refusal by a member of the United Nations to recognize a valid exercise by the Security Council of its authority under Chapter VI of the Charter. The UN Inspection Mission to Remisia will continue its work, and if its chief is not permitted entry, the Secretary- General will refer the matter back to the Security Council to determine what further action would be appropriate.
- On 9 August, Dr. Malex boarded a flight to Remisia. When he arrived at the Kamil International Airport, he was stopped at passport control. He declared that he was on an official assignment endorsed by the Security Council and presented his UN documentation. The Remisian border agents denied him entry and placed him on the next plane back to New York.
- The Secretary-General referred Remisia’s refusal to the Security Council, which met on 12 August 2022 with a representative of Remisia in attendance. Members of the Council, including Antrano, criticized what one called “Remisia’s intransigence,” but ultimately an Antrano-backed resolution calling for additional measures was vetoed by one of the permanent members. After the meeting, the Antranan Representative stated: I am profoundly disappointed in the Security Council’s inability to enforce its own Resolution. Antrano will take up this matter in the General
(c) Antrano did not violate international law when it refused to provide Remisia consular access to Ms. Saki Shaw during her time as a prisoner in Antrano; and (d) Remisia violated international law by denying Antranan national Dr. Tulous Malex entry to Remisia as required by Security Council Resolution 99997.
- Respondent requests the Court to adjudge and declare: (a) Antrano lacks standing to bring the matter of the deprivation of nationality of the “Sterren Forty” to this Court; (b) Remisia did not violate international law when it deprived the “Sterren Forty” of their Remisian citizenship in accordance with the DCA; (c) Antrano violated international law when it denied Saki Shaw, a Remisian citizen, access to Remisian consular representatives while she was held prisoner in Antrano; and (d) Remisia did not violate international law by refusing to allow Dr. Malex to enter Remisia.
Annex A. Security Council Resolution 99997 ( 2022 ) Adopted by the Security Council at its 9014 th^ meeting, on 11 April 2022 The Security Council , Recalling the ongoing commitment of the General Assembly to the reduction of statelessness, as seen in G.A. Res. 50/152 of 21 December 1995, G.A. Res. 61/137 of 19 December 2006, G.A. Res. 67/149 of 20 December 2012, G.A. Res. 68/141 of 18 December 2013, and G.A. Res. 70/135 of 17 December 2015, Recalling also the official communication by the Republic of Antrano to the Secretary-General on 5 January 2022 requesting a United Nations investigation of the decision of the Kingdom of Remisia to render members of its citizenry stateless, Recalling further the relevant principles contained in the Convention on the Reduction of Statelessness and the Convention Relating to the Status of Stateless Persons, Deeply concerned that the practice of revoking citizenship as a criminal sanction contributes to statelessness contrary to those Conventions, Recognizing the commitment of the United Nations High Commissioner for Refugees to achieving the goals of its #IBelong Global Action Plan to End Statelessness by the end of 2024, Commending the continued efforts of the Republic of Antrano to protect and defend the right of all persons to a nationality, Acting in accordance with Article 34 of the Charter of the United Nations,
- Decides to establish, for a maximum duration of three years, the United Nations Inspection Mission to Remisia consisting of up to eight civilian experts and the necessary support staff to undertake the following mandate: (a) to establish and operate a system to determine the facts and circumstances underlying the revocation of the citizenship of certain prisoners in Remisia; (b) to conduct an investigation into the conditions of the prisoners, including by way of in-person interviews with them, and to establish and put into operation a mechanism for verifying the information obtained through those interviews; and (c) in due course, to report to the Security Council with
