Upload
others
View
1
Download
0
Embed Size (px)
Citation preview
1
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
International Court of Justice
London International Model United Nations
19th Session | 2018
2
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
Table of Contents
Introduction Letters 3
Introduction to the Committee 4
Topic: Immunities and Criminal Proceedings (Equatorial Guinea v France) 5
Introduction 5
History of the Problem 6
Statement of the Problem and Applicable International Law 8
Current Situation 133
Parties‟ positions 155
Republic of Equatorial Guinea 155
Republic of France 155
Sources 167
3
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
Introduction Letters
Welcome to the International Court of Justice at LIMUN 2018. My name is
Meshaal Choudhary and I am thrilled to be your Director, and work with
Enrico to bring you a memorable ICJ experience. I have completed my
bachelor and vocational Law degrees in England, and have over eight years of
MUN experience. I enjoy the unique fusion of political and legal dynamics of
international affairs in this committee, and since LIMUN showcases the global
reach of MUN, I look forward to meeting participants joining us in London
from all over the world, for three days of insightful debate and exciting events.
If you have any questions regarding the committee or conference, please
contact us at [email protected]. We wish you good luck with your
preparations.
Best wishes,
Meshaal
Distinguished Delegates,
I am honoured to welcome you to the ICJ Committee of LIMUN 2018 as your
Assistant Director. My name is Enrico Amarante and I am an International
Law student graduating from Bocconi University in Milan, Italy. I sincerely
enjoy the perspective of being once again part of LIMUN: its unique mix of
challenging debates and fantastic socials really condense the MUN essence.
Under the seal of the most prominent Tribunal of the UN, you will act as
judges or advocates in a case intertwining diplomacy and law. Therefore, we
expect your legal arguments to be sharp and your judgments to be solid.
Meshaal and I will work to render your experience amazing and look forward
to meeting you soon.
Best regards,
Enrico
4
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
Introduction to the Committee
The International Court of Justice is the primary judicial branch of the
United Nations, and is responsible for settling disputes of international law
submitted by Member States, and to provide non-binding advisory opinions
requested by select organs and agencies of the United Nations.1 The ICJ, also
known as the “World Court”, was established in June 1945 under the Charter
of the United Nations. Both the Charter and the Statute of the International
Court of Justice are used by the ICJ when following its own mandate in the
application of jurisdiction in cases that are brought to its court.2
Contentious proceedings are instituted by agreement from the parties to
a case, or an application by one State. Each State party is represented by
Advocates, and these agents are responsible for presenting submissions on
behalf of the government who has appointed them. The Court carries out both
written and oral proceedings to consider the matter. Cases are concluded
through requests of discontinuance or deliverance of a judgment. Judgments
presented by the ICJ are binding on the parties involved in the dispute.3
The ICJ must have jurisdiction to try cases within the Court, granted by
acceptance of its jurisdiction by the Member States that accept it, and through
matters which are provided for in the Charter of the United Nations or by
treaties and conventions that are presently in force.4 This has resulted in a
broad range of conflicts that the ICJ has encountered in the past 70 years,
including delimitation disputes, legalities on nuclear weapons, contested
possession of state assets, and violations of human rights.
1 Registrar of the ICJ 2013, The International Court of Justice Handbook
2 Nederlandse Vereniging voor de Verenigde Naties 2013, „The International Court of Justice ICJ‟, NVVN
3 Registrar of the ICJ 2013, The International Court of Justice Handbook
4 ICJ 1946, Article 36, Statute of the International Court of Justice
5
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
Topic: Immunities and Criminal Proceedings
(Equatorial Guinea v France)
Introduction
In this 2016 case brought to the ICJ, the Republic of Equatorial Guinea
(„Equatorial Guinea‟) instituted proceedings against the Republic of France
(„France‟), in an effort to halt the French judicial authorities from pursuing
criminal proceedings against Mr Teodoro Nguema Obiang Mangue
(„Mangue‟), citing that the at-time Second Vice President, in charge of Defence
and State Security, was entitled to immunity from criminal proceedings
jurisdiction.5 The conflict originates from 2007, when allegations of
misappropriated public funds from African Heads of State being invested in
France were submitted. This led to an investigation into the financial methods
5 ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Press Release 2016/18: The Republic of Equatorial
Guinea institutes proceedings against France, Press Release of 14 June 2016
6
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
involved in the acquisition of various assets and ownership of a
building at 42 Avenue Foch by the son of the President of Equatorial Guinea,
Mr Mangue. Following police and judicial intervention in Paris, the
investigation sought to also question Mr Mangue in 2012, who did not comply.
His claim of immunity from French jurisdiction was contested by French
judicial authorities, leading to his eventual indictment. Meanwhile, Equatorial
Guinea had submitted the matter to the ICJ for intervention in 2016 and,
following the order for trial, requested provisional measures to halt French
proceedings. The ICJ presented an Order in December 2016, and the domestic
criminal trial continued to proceed in France, concluding in October 2017.
This case is the first dispute regarding mass corruption in the ICJ, which
allows for the development of precedent relating to immunities from criminal
jurisdiction within the context of sovereignty in international law. Sovereign
equality, a fundamental aspect of international law protected by the Charter of
the UN,6 requires mutual respect of nations‟ mandates to oversee their own
internal domestic affairs, free from interference of other States.7 In this recent
era, with allegations of transnational corruption and abuse of power and state
assets making headlines around the world, it is vital to reinforce the legal
framework that underpins immunity and protection in a global context, for
future clarity in such matters.
History of the Problem
Teodoro Nguema Obiang Mangue (nicknamed “Teodorin”) is a member
of the ruling élite of Equatorial Guinea, an African country plenty of gas,
timber and oil (the continent‟s third biggest producer). Despite its wealth,
profits have only benefited the governing family, while the country still suffers
widespread poverty and is regularly criticized for human rights violations. The
6 UN 1945, Article 2, Charter of the United Nations
7 Editors of Encyclopaedia Britannica 2014, Sovereignty: Sovereignty and International Law
7
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
father of Mr Mangue, Teodoro Obiang Nguema Mbasogo, seized power
in 1979 by overthrowing the communist regime of his uncle and now rules as
the longest-running leader in the African continent. Mr Mangue served for
several years as the Minister of Agriculture and Forestry before his
appointment as Second Vice-President in charge of Defense and State Security
in 2012. After four years of service, he was promoted to the position of First
Vice-President.
In 2007, three NGOs served the French authorities with a claim alleging
Mr Mangue‟s misappropriation of public funds from Equatorial Guinea, which
had been subsequently invested in France.8 This was part of a larger inquiry
involving other African leaders in Gabon and Congo. On 13 July 2012, France
issued an international arrest warrant against Teodorin Obiang.9 A few months
later, his mansion at 42 Avenue Foch in Paris, with an estimated worth of $180
million, was seized by the police along with several of his possessions,
including luxurious furniture and sport cars.10
This was part of the
investigation related to his alleged “ill-gotten” gains, amounting to $115m,
obtained from 2004 to 2011 while serving as Minister of Agriculture and
Forestry. The police had also sought to question Mr Mangue as part of the
investigation process in 2012 but were unable to as Mr Mangue - who had by
then become the Second Vice-President of Equatorial Guinea, responsible for
Defence and State Security - did not comply, citing immunity from French
jurisdiction. The French judicial authorities, contesting the entitlement to
immunity by stating that it was not available for criminal acts undertaken as a
private individual, sought assistance from judicial authorities in Equatorial
Guinea to question Mr Mangue.
8 Baume, M 2012, „A French Shift on Africa Strips a Dictator‟s Son of His Treasures‟, New York Times, 23 August.
9 Willsher, K 2012, „France issues arrest warrant for son of Equatorial Guinea president‟, The Guardian, 13 July.
10 AFP 2012, „France seizes £118 million mansion of Equatorial Guinea leader's family‟, The Telegraph, 3 August.
8
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
On 18 March 2014, Mr Mangue was indicted by France for
monetary felonies.11
In December 2015, the French appeals court rejected the
pleading of immunity.12
Official proceedings started in January 2017 before
French courts, but were postponed to July. After a trial in absentia, on October
27, 2017 Teodorin Obiang was sentenced with a three-year suspended jail term
by the French Court and given a fine of €30m for embezzlement, money-
laundering, corruption and abuse of trust.13
Statement of the Problem and Applicable International Law
The current legal dispute represents a complex panorama of the law of
diplomatic immunities. In the present case, a national prosecution towards a
Vice-President of a foreign State on account of corruption has met the
opposition of international proceedings as a way to contrast them.
i) Jurisdiction of the Court
The first issue is jurisdiction, which is necessary to be resolved before
proceeding to the merits. The basis for this question is found in Article 36 of
the Statute of the ICJ, where it is said that it “comprises all cases which the
parties refer to it and all matters specially provided for in the Charter of the
United Nations or in treaties and conventions in force.” According to
Equatorial Guinea, there are two covenants establishing the Court‟s
jurisdiction.14
First, Article 35(2) of the Convention against Transnational
Organized Crime provides the choice of resolution through the ICJ, where no
settlement can be reached through negotiation and organization of arbitration.
11
AFP 2017, „Timeline of French graft probes into African elites‟, The Daily Mail, 25 October. 12
Ibid. 13
Chrisafis, A 2017, „Son of Equatorial Guinea's president is convicted of corruption in France‟, The Guardian , 27
October. 14
ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Application Instituting Proceedings, 4-10 (June 13,
2016).
9
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
Second, Article I of the Optional Protocol to the Vienna Convention on
Diplomatic Protection declares the Court‟s jurisdiction as compulsory for any
dispute arising out of the interpretation or application of the Convention.
While issuing its Order indicating the provisional measures requested by
Equatorial Guinea on 7 December 2016, the Court assessed that the dispute
over the interpretation of Article 22 of the Vienna Convention on Diplomatic
Protection could serve as the legal basis conferring jurisdiction.15
However,
such reasoning was expressly prima facie, concerning only the provisional
measures and not the merits of the case. Therefore, the Court will have to
confirm the cited basis as a proper one for establishing its jurisdiction, or
evaluate another source provided by the parties to determine jurisdiction, or
dismiss the case for lacking a solid foundation.
Following the ruling on its jurisdiction, the Court may have to assess the
legal merits of the case.
ii) National jurisdiction and the principle of sovereign equality
The first of them concerns the principles of non-interference and
sovereign equality of the States along with the extension of national
jurisdiction. As stated in Article 2 of the Charter of the United Nations, “The
Organization is based on the principle of the sovereign equality of all its
Members”. This represents a fundamental principle of the international legal
order.16
Strictly related to this, there is the principle of non-intervention, as
established by customary international law.17
It also extends to including the
element of coercion, in the sense that the State affected is forcibly deprived of
15
ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Order of 7 December 2016, 69 (Dec. 7, 2016). 16
ICJ, Jurisdictional Immunities of the State (Ger. v. It: Greece intervening), Judgment, 2012 I.C.J. Rep. 99, 57
(February 3). 17
ICJ, Military and Paramilitary Activities in and Against Nicaragua (Nicar. v. U.S.), Judgment, 1986 I.C.J. Rep. 14,
185 (June 27).
10
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
the control over a certain matter by another one.18
Transposed to the
national arena, a court may not have competence to assert its jurisdiction over
the acts of a foreign State.19
In the realm of international law, there are five types of principles which
are the basis for establishing extraterritorial jurisdiction. The first three are
uncontroversial: the territoriality principle, extending to every act committed in
the territory of a State, the active personality principle, covering every action
of State‟s nationals wherever they are made, and the protective principle,
extending jurisdiction to acts perpetrated abroad which jeopardize a State‟s
integrity or sovereignty.20
The other two are: the passive personality principle,
based on the nationality of the victim, and the universal principle, which is not
based on any nexus with the State but derives from the inherent nature of the
crime.21
In its milestone judgment of 1927, the Permanent Court of Justice
established that States could extend their prescriptive jurisdiction to persons,
property and acts outside their national territory and that such extension could
only be restricted by an international rule prohibiting it.22
In the subject matter of this case, French courts prosecuted and
condemned Mr. Obiang, a non-French national, for money laundering,
misappropriation of public funds, breach of trust and bribery. Some of these
crimes are derived from other crimes which were originally committed in
Equatorial Guinea. In doing so, the French courts based their reasoning for
extending their jurisdiction on: the principle of autonomy of money laundering,
which permits the prosecution of money laundering regardless of the original
crime which originated the fraudulent money.23
18
OPPENHEIM‟S INTERNATIONAL LAW 432 (Robert Y. Jennings & Arthur D. Watts eds., 9th ed. 1992). 19
IAN BROWNLIE, PRINCIPLES OF PUBLIC INTERNATIONAL LAW 320 (6th ed. 2003). 20
CEDRIC RYNGAERT, JURISDICTION IN INTERNATIONAL LAW 42, 88, 96 (1st ed. 2008). 21
Ibid. at 92, 100. 22
The Case of the S.S. Lotus (France v. Turkey), Judgment, 1927 P.C.I.J. (ser. A) No. 10, at 46 (Sept. 7). 23
Cour de cassation [Cass.] [supreme court for judicial matters], crim., Apr. 16, 2015, Bull. crim., No. 292. (Fr.).
11
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
Consequently, the Court will have to adjudge whether the French
extension of jurisdiction to the alleged crimes is permissible and, if not, to
what extent these proceedings violate the principles of sovereign equality and
non-interference.
iii) Personal immunity
A strictly related issue concerns the doctrine of State immunity and the
institution of criminal proceedings. Deriving from the principle of sovereign
equality, State immunity prevents the subjection of the actions of a State or the
officials acting on its behalf to the civil and criminal jurisdiction of foreign
courts.24
Two types of immunity exist. The first is personal immunity (rationae
personae), which is an absolute form of immunity deriving from the official‟s
status or position which he occupies in a State‟s government, and covers any
act performed both in the course of official functions and private acts.
Specifically in this regard, the ICJ affirmed that high-ranking officials in a
State - namely, the Head of State, Head of Government and Minister for
Foreign Affairs - enjoy immunities from both civil and criminal foreign
jurisdiction.25
However, there is no exhaustive nor accepted list of State
positions covered by personal immunity.26
The second is material immunity
(rationae materiae), covering State officials for acts performed in their official
capacity. Former officials can invoke this type of immunity in relation to the
official acts occurred during while they were in office.27
Concerning possible exceptions to immunity, there have been many
attempts to formulate or sustain categories of actions, such as violation of
human rights or jus cogens norms, commercial acts, or as enlisted in the 24
MALCOLM N. SHAW, INTERNATIONAL LAW 507 (7th ed. 2014). 25
ICJ, Arrest Warrant of 11 April 2000 (Dem. Rep. Congo v. Belg.), Judgment, 2002 I.C.J. Rep. 3, at 51. 26
HAZEL FOX AND PHILIPPA WEBB, THE LAW OF STATE IMMUNITY 566 (3rd ed. 2015). 27
Ibid. at 570.
12
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
unratified UN United Nations Convention on Jurisdictional Immunities
of States and Their Property (2004). Nonetheless there is no uniform
definitions nor continuous practice by States nowadays.28
In relation to the case at hand, comparison will have to be made between
the present position of Vice-President in charge of State Defense and Security
and the categories listed or implied in the law of State immunity. Moreover,
attention will be required in assessing whether criminal jurisdiction for the
allegations made could trump such immunity and give leeway to a national
court to prosecute a foreign State official.
iv) Inviolability of the Mission Premises
With regard to the diplomatic immunity of mission premises, Article 22
of the Vienna Convention on Diplomatic Relations states their inviolability,
requiring the consent of the head of the mission for the entrance of any agent
of the receiving State. Moreover, paragraph (3) of the same Article states that
immunity extends to search, requisition, attachment or execution. Indeed, the
necessity of this requisite for the conduct of international relations among
States was fervidly supported by the ICJ in the Tehran Hostages Case.29
However, one must pay attention to the distinction that modern law draws
between immunity from jurisdiction and inviolability.30
This may have
repercussion in terms of jurisdictional competence by a national court and the
extent of the exceptions related thereto.
Overall, the Court will have the opportunity to further elaborate its
jurisprudence on criminal jurisdiction and immunities, specifically in the
matters of money laundering and corruption laws.
28
ROSANNE VAN ALEBEEK, THE IMMUNITY OF STATES AND THEIR OFFICIALS IN INTERNATIONAL
CRIMINAL LAW AND INTERNATIONAL HUMAN RIGHTS LAW 419 - 423 (2008). 29
ICJ, Case Concerning United States Diplomatic and Consular Staff in Tehran (U.S. v. Iran), Judgment, 1980 I.C.J.
Rep. 3, 38 (May 24). 30
EILEEN DENZA, DIPLOMATIC LAW 154 (3rd ed. 2008).
13
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
Current Situation
The application instituting proceedings against France was submitted by
Equatorial Guinea to the ICJ on 13 June 2016, regarding immunity for Vice-
President Mangue from French criminal jurisdiction, and the legal status of the
building at 42 Avenue Foch in Paris that is stated to house the Embassy of
Equatorial Guinea in France. Time limits for filing written pleadings was duly
set out as 3 January 2017 for the Memorial of Equatorial Guinea and 3 July
2017 for the Counter-Memorial of France.
On 29 September 2016, Equatorial Guinea submitted a request for the
indication of provisional measures, following the 5 September 2016 order by
the French Tribunal for a hearing in Paris. Equatorial Guinea stated that
measures were required in order to preserve the rights of Equatorial Guinea
under international law, citing that personal immunity of Mr Mangue and the
inviolability of the diplomatic mission at 42 Avenue Foch are protected under
principles of sovereign equality. Accordingly, Equatorial Guinea asked for
indication of the following provisional measures:
„(i) that France suspend all present and future criminal proceedings
brought against Mangue;
(ii) that France ensures the protection and inviolability of the building at
42 Avenue Foch in Paris, by treating it as the premises of Equatorial
Guinea‟s diplomatic mission in France, and restricts any intrusion,
searches, seizures;
(iii) that France does not take any further measures that extend this
dispute‟31
At the hearings for these provisional measures, over a four day period in
October 2016, France asked the Court to:
31
ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Provisional Measures, Request of 29 September 2016,
4
14
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
“(i) remove the case from its List;
(ii) or, failing that, to reject all the requests for provisional measures made
by Equatorial Guinea”32
The International Court of Justice carried out deliberations over the measures
and, on 7 December 2016, presented an Order that considered the jurisdiction
and urgency of the measures requested, concluding unanimously that it would
indicate a provisional measure to ensure the inviolability of the premises at 42
Avenue Foch, pending a final decision in the case, protecting the premises
under Article 22 of the Vienna Convention on Diplomatic relations, and
staying any acts of confiscation in France.
As of a Press Release on 10 April 2017, Equatorial Guinea submitted a
Memorial by the aforementioned date of 3 January 2017, and France raised
preliminary objections regarding jurisdiction of the Court on 31 March 2017,
thereby suspending proceedings on the merits of the case. The Court presented
a new time-limit for Equatorial Guinea to present a written statement on the
preliminary objections raised by France.
At conclusion of the trial in France, the French Tribunal found Mr
Mangue guilty of embezzlement and utilising public funds for his own private
lifestyle, delivering him a three-year suspended sentence and a suspended fine
of 30 million Euros. Prosecutors had argued that his forestry company was
utilised as a shell to channel public money, during his time as Minister of
Agriculture and Forestry.33
His French assets, including the mansion at 42
Avenue Foch will be seized - pending authorised confirmation by the ICJ.34
On
8 December 2017, the ICJ released a statement stating that hearings for the
32
ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Provisional Measures, Order of 7 December 2016, 6,
18 33
BBC News 2017, „Equatorial Guinea VP Teodorin Obiang sentenced in France‟ BBC, 27 October 34
Chazan, D 2017, „France convicts Equatorial Guinea‟s vice-president of corruption in landmark trial‟ The Telegraph
27 October
15
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
objections raised by France regarding the Court‟s jurisdiction to try this
matter will take place in late February 2018.35
Parties’ positions
Republic of Equatorial Guinea
In its application before the ICJ, the Republic of Equatorial Guinea
develops itself in three branches.36
First, it claims that the French courts which
initiated criminal proceedings against Mr Mangue have unlawfully extended
their jurisdiction to his acts, thus violating the principles of sovereign equality
among States and non-interference in its internal affairs.37
Second, such
procedures infringed on his personal immunity, since he serves as the Vice-
President in charge of in charge of Defence and State Security of his country,
i.e. a high-ranking position permitting to internationally act vis-à-vis other
State.38
Third, Equatorial Guinea asserts that the seizure of the building at 42,
Avenue Foch in Paris breached the diplomatic immunity of the Country‟s
premises. As a matter of fact, the mansion belongs to the diplomatic mission of
Equatorial Guinea and has never been used for activities of private law nor of
jure gestionis.39
Republic of France
Within the ICJ, the Republic of France has refuted the claims brought by
Equatorial Guinea for a number of reasons. First, France argues against the
allegation of a breach of Equatorial Guinea‟s sovereignty, stating that the
property at 42 avenue Foch cannot be recognised as a diplomatic mission for
35
ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Press Release 2017/37: Preliminary Objections: The
Court to hold public hearings, Press Release of 8 December 2017 36
ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Application Instituting Proceedings, at 41 37
Ibid., at 35 38
Ibid., at 36, 37 39
Ibid., annex 12.
16
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
Equatorial Guinea, due to inconsistencies in the ownership for
diplomatic use.40
Second, Mr Mangue‟s diplomatic status is also contested as
France states that he does not qualify for rationnae personae41
protection under
the 1961 Vienna Convention on Diplomatic Relations42
, and that he was not
entitled to “any form of immunity from criminal process in respect of acts
allegedly committed by him in France in his private capacity”.43
However,
France has also argued that the Court does not hold jurisdiction to preside in
the case.44
In 2016, an advocate for France in the ICJ has stated the case was a
“flagrant and evident abuse of law”, and that there was no urgent reason to
delay Mr Mangue‟s criminal trial in Paris.45
The upcoming hearings to
determine ICJ jurisdiction on this matter will take place in February 2018.
40
ICJ, Immunities and Criminal Proceedings (Eq. Guinea v Fr.) Comments of France to the Reply of Eq. Guinea during
Proceedings for the Request of Provisional Measures, 31 October 2016, 17 41
ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Provisional Measures, Order of 7 December 2016, 46 42
ICJ, Immunities and Criminal Proceedings (Eq. Guinea v Fr.) Comments of France to the Reply of Eq. Guinea during
Proceedings for the Request of Provisional Measures, 31 October 2016, 24 43
ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Provisional Measures, Order of 7 December 2016, 7,
24 44
ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Order of 5 April 2017 45
VOA News 2016, France: Equatorial Guinea’s World Court Case Is Abuse of Law
17
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
Sources
• AFP, 25 October 2017, Timeline of French graft probes into African elites, The
Daily Mail. Accessed at: <http://www.dailymail.co.uk/wires/afp/article-
5016609/Timeline-French-graft-probes-African-elites.html>
• AFP, 3 August 2012, France seizes £118 million mansion of Equatorial Guinea
leader's family, The Telegraph. Accessed at:
<http://www.telegraph.co.uk/news/worldnews/africaandindianocean/equatorialguinea
/9450158/France-seizes-118-million-mansion-of-Equatorial-Guinea-leaders-
family.html>
• Baume, Maia de la, 23 August 2012, A French Shift on Africa Strips a Dictator‟s
Son of His Treasures, New York Times. Accessed at:
<http://www.nytimes.com/2012/08/24/world/europe/for-obiangs-son-high-life-in-
paris-is-over.html>
• BBC News, 27 October 2017, Equatorial Guinea VP Teodorin Obiang
sentenced in France, BBC. Accessed at: <http://www.bbc.com/news/world-
europe-41775070>
• Brownlie, I. 2003, Principles of public international law, 6th edn, Oxford
University Press, Oxford.
• Chazan, David, 27 October 2017, France convicts Equatorial Guinea‟s vice-
president of corruption in landmark trial, The Telegraph. Accessed at:
<http://www.telegraph.co.uk/news/2017/10/27/france-convicts-equatorial-
guineas-vice-president-corruption/>
• Chrisafis, Angelique, 27 October 2017, Son of Equatorial Guinea's president is
convicted of corruption in France, The Guardian. Accessed at:
<https://www.theguardian.com/world/2017/oct/27/son-of-equatorial-guineas-
president-convicted-of-corruption-in-france>
• Denza, E. 2008, Diplomatic law: commentary on the Vienna Convention on
Diplomatic Relations, 3rd edn, Oxford University Press, Oxford.
18
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
• Editors of Encyclopaedia Britannica, 2 June 2014, Sovereignty:
Sovereignty and International Law, Encyclopaedia Britannica. Accessed at: <
https://www.britannica.com/topic/sovereignty#toc6800>
• Fox, H., & Webb, P. (2015). The law of state immunity, 3th edn, Oxford
University Press, Oxford.
• ICJ, Arrest Warrant of 11 April 2000 (Dem. Rep. Congo v. Belg.), Judgment
[2002]. Accessed at: <http://www.icj-cij.org/files/case-related/121/121-
20020214-JUD-01-00-EN.pdf>
• ICJ, Case Concerning United States Diplomatic and Consular Staff in Tehran
(U.S. v. Iran), Judgment [1980]. Accessed at: <http://www.icj-
cij.org/files/case-related/64/064-19800524-JUD-01-00-EN.pdf>
• ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Application
Instituting Proceedings [2016]. Accessed at: <http://www.icj-cij.org/files/case-
related/163/19037.pdf>
• ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Order of 7
December 2016. Accessed at: <http://www.icj-cij.org/files/case-
related/163/163-20161207-ORD-01-00-EN.pdf>
• ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Order of 5
April 2017. Accessed at: <http://www.icj-cij.org/files/case-
related/163/19392.pdf >
• ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Press Release
2017/37: Preliminary Objections: The Court to hold public hearings, Press
Release of 8 December 2017. Accessed at: <http://www.icj-cij.org/files/case-
related/163/163-20171208-PRE-01-00-E.pdf>
• ICJ, Immunities and Criminal Proceedings (Eq. Guinea v. Fr.), Provisional
Measures, Request of 29 September 2016. Accessed at: <http://www.icj-
cij.org/files/case-related/163/163-20160929-WRI-01-00-EN.pdf >
19
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
• ICJ, Immunities and Criminal Proceedings (Eq. Guinea v Fr.)
Comments of France to the Reply of Eq. Guinea during Proceedings for the
Request of Provisional Measures, 31 October 2016. Accessed at:
<http://www.icj-cij.org/files/case-related/163/163-20161031-OTH-01-00-
EN.pdf>
• ICJ, Jurisdictional Immunities of the State (Ger. v. It: Greece intervening),
Judgment [2012]. Accessed at: <http://www.icj-cij.org/files/case-
related/143/143-20120203-JUD-01-00-EN.pdf >
• ICJ, Military and Paramilitary Activities in and Against Nicaragua (Nicar. v.
U.S.), Judgment [1986]. Accessed at: <http://www.icj-cij.org/files/case-
related/70/070-19841126-JUD-01-00-EN.pdf>
• ICJ, Press Release No 2016/18: The Republic of Equatorial Guinea institutes
proceedings against France [2016]. Accessed at: <http://www.icj-
cij.org/files/case-related/163/19028.pdf >
• ICJ, Statute of the International Court of Justice [1946]
• Jennings, R., & Watts, A. (eds.) 1992. Oppenheim's international law. Peace:
Introduction and part 1 vol. 1 , 9th edn, Longman, London.
• Nederlandse Vereniging voor de Verenigde Naties, 2013, The International
Court of Justice (ICJ), NVVN. Accessed at: <http://www.nvvn.nl/artikel/the-
international-court-of-justice-icj/ >
• Registrar of the ICJ, 31 December 2013, The International Court of Justice
Handbook . Accessed at: <http://www.icj-cij.org/files/publications/handbook-
of-the-court-en.pdf >
• Shaw, M.N. 2014, International law, 7th edn, Cambridge University Press,
Cambridge.
• Van Alebeek, R. 2008, The Immunity of States and Their Officials in
International Criminal Law and International Human Rights Law, Oxford
University Press, Oxford.
20
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
• United Nations, Article 2 - Charter of the United Nations [1945]
• VOA News 2016, France: Equatorial Guinea‟s World Court Case Is Abuse of
Law. Accessed at: <https://www.voanews.com/a/france-says-equatorial-
guinea-world-court-case-is-abuse-of-law/3555974.html >
• Willsher, Kim, 13 July 2012, France issues arrest warrant for son of Equatorial
Guinea president, The Guardian. Accessed at:
<https://www.theguardian.com/world/2012/jul/13/france-arrest-warrant-equatorial-
guinea>
21
LONDON INTERNATIONAL MODEL UNITED NATIONS 2018
Conference Information
When looking for information regarding LIMUN 2018 (and subsequent
editions) your first step should be to visit our website: www.limun.org.uk
LIMUN on social media
Please follow updates from us through our social media channels:
London International Model United Nations (LIMUN)
@LondonMUN
When tweeting about this year‟s conference (your preparations, journey
to/from London or when live-tweeting the events during the conference itself),
please use hashtag #LIMUN2018
Agenda & Rules of Procedure
The agenda for the 2018 conference is available online at
www.limun.org.uk/agenda
The ICJ Rules of Procedure can be accessed here: [link]
For all other RoP, please use: http://limun.org.uk/rules