Topic: Public International Law
Question 1 - In December 2017, Boko Harem rebel forces kidnapped three Australian nuns working for the Australian Catholic Relief International Services Agency in Nigeria, West Africa. The nuns were helping with relief services near the city of Kano. The city fell under rebel control after a bloody battle that lasted over two weeks in late July. Since then, the rebels have established an administrative post in the city and installed roadblocks and checkpoints on all major roads leading to the city. Reports from the region confirm that the Nigerian authorities in in Lagos the capital have practically no control over the rebels The rebels have accused the three nuns of subversion. The basis of the accusation is that the nuns, assisted by a Cardinal Musangama, helped with the evacuation of certain Nigerian government officials who were trapped in the Kano during the two-week battle. The rebel leader Colonel Basmante Idrisi has declared that the nuns would be released only, and only if Australia publicly denounces the Vatican for using the nuns as spies. In a CNN interview yesterday, the rebel leader stated that if Australia does not denounce the Vatican in 14 days, the nuns would be tried for subversion by a peoples' revolutionary tribunal. He also indicated that the penalty for subversion is death.
At a crisis meeting convened by the Australian government (the cabinet) yesterday, a number of options were canvassed as possible responses by Australia to the situation. In a strongly worded statement, Mr Tumble has declared that 'Australian holds the Government of Nigeria responsible for the fate of the three nuns'. In another interview, Mr Tumble noted that Australian would take 'every necessary measure to secure the release of the nuns'.
In response to the situation, Australia has cancelled an export order of 500,000 live sheep to the Nigeria. It has also called on other states to cease trading with Nigeria until the nuns are released. In a separate development, there are reports that Australia has dispatched three battalions of SAS troops to neighbouring Burkina Faso in preparation for an assault on Kano.
The government of Nigeria has condemned the Australian actions declaring that they are unlawful in international law. In particular, it argues that the cancellation of the export order, the call on states to boycott trade with Nigeria and the dispatch of troops to Burkina Faso amount to a breach of Article 2(4) of the UN Charter. Sudan has since called on the UN Security Council to intervene in the matter.
Prepare a 1000 word 'options paper' indicating the legal implications of the options available to Australia for the rescue of the nuns.
Question 2 - Somaliland was part of the Republic of Somalia. In 2008 it declared itself an independent state. In August 2017 it sought to establish diplomatic relations with Australia. On 30 September 2017, while negotiations were underway, a Melbourne businessman of Somalia origin donated a building in Canberra to be used as the Somaliland embassy once diplomatic relations had been entered into.
The building required substantial renovation. The Somaliland government, through Mr Mohammad Fayaz its ambassador-designate, concluded an agreement with RWP Construction to carry out the renovation, at a total cost of $500,000. In October 2017, Australia recognised Somaliland. Since then the government of Somaliland has refused to pay 70% of the cost of renovation, citing poor and incompetent workmanship as the reason. In particular, the Somaliland government has cited the workmen's negligence in failing properly to depict the Somaliland national symbol on the facade of the embassy building, the general low standard of workmanship, and the failure to complete the work on time for the celebrations of the Somaliland national day. It had been made clear at the outset of the work that the building had to be ready by that date.
RWP Construction seeks your advice as to whether it can bring an action in Australia against the Somaliland government to recover the outstanding debt. In particular, it would like to know whether, in the event of a judgment against Somaliland and non-payment by Somaliland, the company can obtain an order to attach Somaliland-owned property located in Australia. The building is used as a Somaliland cultural centre. (World limit: 1500).
Total 2500 words.
Format must be in Australian Guide to Legal Citation (AGLC).