International Court of Justice
The ICJ cases for AISMUN 2019 are:
Case #1: LaGrand (Germany v. United States of America)
On 2 March 1999, Germany instituted proceedings against the United States of America regarding alleged violations of the Vienna Convention on Consular Relations of 24 April 1963. Germany claimed that, in 1982, the United States arrested and detained brothers Karl-Heinz and Walter Bernhard LaGrand and proceeded to try and sentence the brothers to death without informing them of their rights, as is required under Article 36 paragraph 1(b) of the Convention. Germany then stated that the USA’s failure to provide notification prevented Germany from exercising its right given to it by Articles 5 and 36 of the Vienna Convention to protect its nationals’ interests. Germany then alleged that despite that the two brothers eventually claimed violations of the Vienna Convention before the federal courts, the United States, under the municipal law doctrine of “procedural default”, that the nationals could not assert their rights in the federal proceedings because they had not asserted them in the State level proceedings.
Alongside its application for proceedings, Germany requested for provisional measures to be taken, urging the Court to indicate that the United States should take “all measures at its disposal to ensure that [one of its nationals, whose date of execution had been fixed at 3 March 1999] [was] not executed pending final judgment in the case . . .”. On 3 March 1999, the Court delivered the order. Regardless, the States executed the two German nationals on the predetermined dates.
Case #2: Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium)
On the 17th of October 2000, the Democratic Republic of the Congo instigated proceedings against Belgium regarding a dispute over an international arrest warrant issued on 11 April 2000 by a Belgian examining judge against the acting Congolese Minister for Foreign Affairs, Mr. Abdoulaye Yerodia Ndombasi. The warrant was issued with the intention of extraditing Mr. Ndombasi for his alleged crimes concerning violations of international humanitarian law. The warrant was transmitted to all states, with the DRC receiving it on 12 July 2000. The DRC requested that a provisional discharge of the disputed arrest warrant. Belgium called for the request to be dismissed and the case to be taken off the list.