2008 PHILIP C. JESSUP
INTERNATIONAL LAW MOOT COURT COMPETITION
CORRECTIONS AND CLARIFICATIONS TO THE COMPROMIS
The following corrections and clarifications have been agreed by the parties, and the Compromis should be considered amended accordingly. The Clerk of the Court reminds all parties and participants of the following:
a. The Compromis is, in essence, a stipulation of facts. Its words have been carefully chosen, and are the results of extensive negotiation. The parties decline to “clarify” the facts by providing conclusory characterizations, e.g. of the nature of their political systems, as to which they are unlikely to agree. And, obviously, the parties will not stipulate as to which legal principles are relevant, or which arguments are acceptable or unacceptable.
b. Any request for clarification not addressed in the following paragraphs has been considered by the parties to be redundant, inappropriate, or immaterial, or the parties were unable to reach agreement on a mutually acceptable answer.
c. Except to the extent that corrections and clarifications are set out below, participants are to assume that the Compromis is accurate and complete in all respects. In particular, both parties stipulate as to the authenticity of all documents and of the signatures on all documents referenced in the Compromis.
d. With respect to pronunciations of the various proper names used in the Compromis, all parties and the Court have agreed that they will not take formal or informal offense at any reasonable effort to pronounce proper names correctly.
CORRECTIONS
- In paragraph 31, the last clause of the first sentence is amended to read “including the attack on the Shrine of the Seven Tabernacles."
- In paragraph 37, the second sentence is amended to add the following crime to the list of Penza’s charges: “aiding in a terrorist operation.”
- In paragraph 46(c), the prayer for relief is amended to read, “In any event, Rotania’s prosecution of Samara Penza and the other LAPS members before its Military Commission for acts committed against Rotanian citizens and against Rotanian religious and cultural institutions is consistent with international law.”
- In Appendix II, the fifth sentence of the Security Council President’s first comment is amended to read: “[Delta] also suggested the addition of the phrase ‘in accordance with the requirements of applicable conventional and customary international law,’ which was accepted by the Resolution’s sponsors.”
CLARIFICATIONS
- Prior to the nationalization referred to in paragraph 25, Rotania’s military reserves consisted of units spread throughout the country, each reporting to the elected provincial governor. Upon the invocation of the 1980 Act on March 2, 2007, the reserves were brought under national command and mobilized.
- With the exception of the statement given by the Rotanian Foreign Minister at the 6000th Meeting of the U.N. Security Council, Rotania has not issued any formal statements or notices to the United Nations, or to any other international organization, regarding Rotania’s response to the attacks on Stovian religious and cultural sites within its borders.
- Most of the LAPS members in Rotania’s parliament represent Litvian-majority districts from the Upland Plateau.
- Some of the disturbances referred to in paragraph 15 that occurred between February and December 2006 began with confrontations between the 373rd Battalion and individuals wearing distinctive camouflage incorporating colors and devices associated with ILSA. The burned body referred to in paragraph 21 was wearing that same camouflage.
- The 14 detainees referred to in paragraph 37 who were transferred to the custody of the Rotanian Military Commission on April 26, 2007 included the eleven LAPS members who were captured in Adova and detained in Camp Indigo along with Penza, excluding Zoran Makar, who was found by Merkistani officials and later returned to Adova.