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Flashcards in Compromis - Ibra Deck (29):
1

On 2 April 2017, The Sydney Morning Herald published an article based upon interviews with numerous people it said were intelligence operatives indicating that Anduchenca had commissioned a nuclear-armed submarine, called the Ibra. Other news sources around the world corroborated the report. Governments, media outlets, and non-profit organizations called on Anduchenca to confirm or deny what the Secretary-General of the United Nations called “a potentially destabilizing development in a particularly volatile part of the world.”

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2

A week later, General Tovarish called a special press conference to address the matter. He began the conference by reading a statement, which began with this passage:

I am proud to announce that our noble Navy has augmented its power through the nuclear submarine that we have named the Ibra. It is equipped with the world’s greatest nuclear weapons, along with cutting edge ballistic missile technology. It will serve as a firm deterrent against any who would persist in infringing our sovereignty. We will deploy the Ibra, as is our right, in such a way as to optimize promotion of that objective.

General Tovarish would not disclose how or from whom Anduchenca acquired the nuclear weapons, and Anduchencan government officials have categorically refused to comment on the matter.

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3

In response to a question from a reporter, General Tovarish added that Anduchenca, which had sent a representative to the United Nations Conference to Negotiate a Legally Binding Instrument to Prohibit Nuclear Weapons in March 2017, would not attend the second substantive session in June and July 2017, and would not sign any treaty that might emerge from those meetings.

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4

On 23 April 2017, the Minister of Foreign Affairs of Anduchenca issued the following statement:

Over the past few weeks, many States have expressed to us their concerns over the Ibra. They are overreacting. There is no threat to peace and security. Or if there is, it is not one we have created. Our position remains the same and will not change. In accordance with international law it is our right, and as a sovereign nation it is our duty to our citizens and to future generations, to possess nuclear weapons, if in our discretion we believe we need them to defend our interests. We will never give up this right, nor are we aware of any persuasive argument that we should.

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5

On 8 May 2017, the Security Council adopted Resolution 3790 (attached in relevant part as Annex II) by a vote of nine to six. During the Council’s discussions, Rukaruku’s representative to the Security Council spoke in favor of the Resolution, saying in part:

Today, the Security Council proposes to take a much-needed step in confronting the threat that nuclear weapons pose to the entire world, and to the Odasarra Region in particular. In accordance with this Resolution, when it is adopted, Rukaruku will take its accustomed place among law-abiding States, and will most certainly do what is necessary to promote peace and stability in the region.

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6

The Minister of Foreign Affairs of Anduchenca submitted a letter on his government’s behalf to the Security Council. The letter stated in relevant part:

The United Nations Charter confers no authority on the Security Council to engage in this unprecedented interference in our domestic affairs. The Ibra is not a threat to anyone, except those who seek impunity to violate international law and our sovereignty. Anduchenca cannot be required by this body to comply with the NPT, a treaty to which we have not subscribed and whose premises we do not accept. Furthermore, let me send a very clear message to anyone who may look at this Security Council Resolution as justification for acts of violence against my country: even Resolution 3790, which we reject as lawless, does not authorize coercive measures against the Ibra or against the State that proudly claims it as its own. We have the sovereign right to possess this vessel, and an attack on it is an attack on Anduchenca itself.

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7

On 6 June 2017, at 4:00 a.m. local time, two Rukarukan warships fired 12 cruise missiles at the Covfefe, a supply ship located on the high seas 250 nautical miles away from the Anduchencan coast. Four of the missiles hit their target. According to plans now confirmed by Anduchenca, the Covfefe was en route to a rendezvous point, also on the high seas, where it was to deliver provisions and personnel to the Ibra. The attack killed 10 Anduchencan sailors and seven civilians employed by a private contractor engaged by the Anduchencan Navy.

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8

Later that day, Prime Minister Dage made the following televised announcement:

A few hours ago, I ordered our brave military forces to disable a vessel that we learned was about to deliver supplies to Anduchenca’s illegal and provocative nuclear submarine. My decision was not an easy one, but after consulting my senior military staff, I came to the conclusion that it was the right thing to do. As your Prime Minister, it is my duty to abate any serious hazard that we cannot allow to continue. The strike was intended to deprive the Ibra of supplies, which would require it to surface. Once the vessel is sailing in the Kumatqesh Ocean, we are confident that we can capture it.

We have learned that the attack was successful. As I speak to you tonight, I am confident that our valiant Navy will now be able to apprehend and to arrest this vessel, whose very existence has been condemned by the international community.

Although we regret the loss of life, I want one thing to be perfectly clear. Rukaruku’s goals have always been to maintain peace and stability in the Odasarra Region. What we have done in promoting the capture of the Ibra was intended not to lead to war, but to prevent it. Acting under the authorization of Security Council Resolution 3790, our sole aim is to neutralize the threat posed by this nuclear-armed submarine in our neighborhood.

Our fleet is now in pursuit of the submarine itself. I will have another statement to present to you, our peace-loving people, within days. And I assure you and the people of the world, we will succeed, and peace will be restored for us all.

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9

Later that day, General Tovarish declared in a speech to the nation:

Rukaruku’s attack on our naval vessel is a gross, unprovoked, and unprecedented violation of the most basic rules of international law. It is stunning in its arrogance and audacity, and shocking in its cavalier disregard for the lives of our fellow citizens. Even the Security Council’s Resolution, adopted under a trumped-up pretext, did not authorize the murder of innocent civilians and military personnel. We will not stand by and let this abuse continue. I have instructed the General Command of our military services to respond in any way necessary to prevent and to stop assaults against this nation and against international order, and to vindicate our national honor.

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10

Eight days later, on 14 June 2017, the Rukarukan Navy located the Ibra approximately 20 nautical miles from the Anduchencan coast. Six Rukarukan warships were sent to the area and immediately began enclosing the submarine. The warships fired a series of torpedoes that forced the Ibra to surface. After one of the ships swept the submarine’s deck with machine-gun fire, and the Ibra showed no signs of activity, a boarding party gained access to and seized operational control of the submarine. The personnel on board immediately surrendered, and the Rukarukan fleet escorted the Ibra to a naval base in Rukaruku. The crew of the Ibra was detained for questioning, after which all members were delivered to the Anduchencan Embassy in Rukaruku for repatriation.

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11

On 19 June 2017, the Security Council adopted a Resolution affirming an agreement concluded the night before between Rukaruku, the International Atomic Energy Agency (“IAEA”), and two NPT nuclear weapon States that provided for the complete dismantling of the Ibra and the disposal of all nuclear materials on board under IAEA monitoring and supervision. Six weeks later, nuclear experts from the IAEA certified that the agreement had been carried out.

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12

Anduchenca and Rukaruku have at all relevant times been Member States of the United Nations, and parties to the Statute of the International Court of Justice, the Vienna Convention on the Law of Treaties, as well as the four Geneva Conventions of 1949 and their two Additional Protocols of 1977. Rukaruku has been elected to serve as a non-permanent member of the United Nations Security Council four times, most recently on 15 October 2015, and has at all relevant times been a non-nuclear-weapon State Party to the NPT, as well as a State Party to UNCLOS. Anduchenca has never been elected to the United Nations Security Council, and has not signed, ratified, or acceded to the NPT or UNCLOS. Neither Anduchenca nor Rukaruku has signed, ratified, or acceded to any of the four Geneva Conventions on the Law of the Sea of 1958. Anduchenca and Rukaruku are not parties to any other treaty of potential relevance to this case.

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13

FCN Article 16

Each Contracting Party shall prohibit the export and import of weapons and ammunition without the express approval of appropriate government departments, and shall comply with all disarmament obligations binding on it under international law.

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FCN Article 17

Each Contracting Party shall refrain from the threat or use of force against the territorial integrity or political independence of the other Contracting Party, except as permitted under international law.

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FCN Preamble

The People’s Democratic Republic of Anduchenca and the Federal Republic of Rukaruku (“the Contracting Parties”), desirous of strengthening the friendly relations that have prevailed between their peoples, of ensuring perpetual peace and stability in the Odasarra Region, of encouraging mutually beneficial trade and investment, of strengthening cultural relations and understanding, and of regulating consular relations, have resolved to conclude this Treaty of Friendship, Commerce and Navigation.

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Reaffirming its commitment to the Treaty on the Non-Proliferation of Nuclear Weapons (“the NPT”), and the need for all States Party to that Treaty to comply fully with their obligations thereunder,

SC Res. 3790 Preamble

17

Recalling that the proliferation of nuclear, chemical, and biological weapons, as well as their means of delivery, continues to constitute a threat to international peace and security,

SC Res. 3790 Preamble

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Determining that the current situation along the Kumatqesh coast in the Odasarra Region constitutes a threat to international peace and security,

SC Res. 3790 Preamble

19

Calls upon all Member States to take such actions as may be appropriate to support the implementation of the NPT and to restrict the proliferation of nuclear weapons and nuclear-armed vessels, whose very existence constitutes a threat to peace;

SC Res. 3790 Paragraph 1

20

Notes that the volatile situation in the Odasarra Region raises legitimate concerns that the presence of nuclear weapons could provoke an international incident that could escalate into a serious and uncontrollable conflict;

SC Res. 3790 Paragraph 2

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Takes note that the People’s Democratic Republic of Anduchenca appears to have developed a nuclear-armed submarine, the Ibra, and to have deployed the Ibra to undisclosed locations in the Kumatqesh Ocean, creating an unacceptable threat to the stability of the States of the Region;

SC Res. 3790 Paragraph 3

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Decides to authorize Member States acting nationally or through regional organizations to take all measures commensurate with their specific circumstances in confronting the Ibra, with the goal of neutralizing the threat that it poses to international peace and security;

SC Res. 3790 Paragraph 4

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Decides to remain seized of the matter.

SC Res. 3790 Paragraph 7

24

The ballistic missiles aboard the Ibra had a range of over 5,500 kilometres, allowing them to accurately strike targets throughout the Odassara Region from anywhere in the Kumatqesh Ocean.

Clarification 5

25

Anduchenca attended the 8 May 2017 session of the Security Council and opposed the draft of Resolution 3790.

Clarification 6

26

Rukaruku immediately reported to the Security Council (1) its firing of missiles at the Covfefe on 6 June 2017; and (2) its dispatching of warships on 14 June 2017 to the area in which the Ibra was located and its firing of the torpedoes that forced the Ibra to surface. In its communications, Rukaruku expressly invoked both Article 51 of the U.N. Charter and Resolution 3790.

Clarification 7

27

High Seas Supplies (HSS), which owned and operated the Covfefe, is a privately held company registered in Anduchenca. HSS charters a fleet of supply vessels, including submarine tenders and offshore platform suppliers. HSS specializes in refueling, rearming, restocking, and rescuing vessels at sea. HSS’s board of directors comprises 12 former high-ranking Anduchencan naval officers. In 2012, the Anduchencan Navy awarded HSS a contract to be the primary provider and operator of supply vessels to the Navy. According to the Covfefe’s manifest, on 6 June 2017, it was transferring 10 Anduchencan sailors as well as carrying in its cargo: bedding, medical supplies, communications equipment, food, and water. Seven HSS civilian employees were also on board and manning the Covfefe.

Clarification 8

28

On 6 June 2017, between 3:22 and 3:53 a.m. local time, Rukarukan warships made six attempts to communicate via radio with the Covfefe, which did not respond to the calls or change its course. The Covfefe, an unarmed vessel, sank within an hour of the 6 June 2017 attack, and no survivors were found.

Clarification 9

29

On 11 September 2017, the Director General of the IAEA, Kilinda Vrede, provided an update to the Board of Governors on the Agency’s work in monitoring Anduchenca’s nuclear activities. She informed the Board that a team had been formed within the IAEA’s Department of Safeguards “to enhance our ability to monitor any future Anduchencan development of nuclear capabilities while maintaining our preparedness as an Agency to play a more active role in the Odasarra Region if called upon.” Vrede clarified that investigations concerning the development of Anduchenca’s nuclear capabilities were ongoing. Initial findings indicated that the weapons found on the Ibra, including its nuclear weapons, had been manufactured in Anduchenca.

Clarification 10