Statement of Facts
This dispute arises from the Zeitan civil war between Ardenian and Zeitan militias, resulting in the Creation of Rigalia (Respondent) -a developing State- and Zeitan (not party to the case). Ardenia (Applicant) -a neighboring State- remained neutral during the war and offered its services for a peace conference. In April 1997, WRI reported that Rigalian militiamen were systematically raping Zeitan women This was confirmed by a UNCHR mission, which found that Zeitan, the Rigalian militia leader, and his deputies took no steps to stop the rapes. In 1998, Zeitan admitted his knowledge of the rapes and that he was powerless to stop them. In 1999, the militias agreed to a cease-fire. On 14 September, Zeitan partitioned, and on November 1st, Rigalia held its first elections. Zeitan, President elect granted a comprehensive amnesty to everyone in Rigalia accused of wartime crimes as part of his “National Healing Campaign”.The WRI Executive Director campaigned for the adoption by Ardenian parents of children left orphaned by the war. ARAS arranged for parents to attend interviews in Rigalia to qualify for and receive foreign adoption certificates, and nearly 2000 children were adopted.
In January 2001, the 1TP revealed that Rigalian border officials were exacting bribes from adoptive parents. The officials kept these amounts. On February 2, Ardenian President Contrary urged Zeitan to address the corruption. Zeitan replied that it was a small issue, and that Ardenia was complicit in the children’s illegal removal. Upon further pressure, Rigalia reassigned 10 border officials accused of corruption -10% of those implicated. None were prosecuted or disciplined. On March 21, 2001, Contrary expressed concern about the wartime rapes of Zeitann women, and urged Zeitan and Rigalia to punish the perpetrators and pay reparations to victims. On March 31, 2001, Zeitan reminded Ardenia of the amnesty, denying that his government owed any reparations. On April 20,2001, given its neighbors’ failure to pursue the matter, Contrary stated that Ardenia would take up the cause and seek reparations for the women On December 1999, the UNCHR estimated that thousands of raped women lived without families or means of support. Reports indicate that in September of that year agents of the Zeitan Co. -an Ardenian private company founded by Fred Zeitan (Ardenian, and company CEO)- traveled to Zeitan to recruit hundreds of these women to find new lives in Ardenia. They were promised jobs and education, and were assisted in filing work and travel documentation. Once in Ardenia, nearly all began working in the Company’s brothels. By Decenber 2000, over 2,500 Zeitan women had been relocated to Ardenia, which granted them resident status. According to the 1TP, Zeitan organized their recruitment and transportation to Ardenia. On 1 May 2001, ILSA published a report focusing on Zeitan women working in Zeitan brothels, alleging that many were abused and deprived of their liberty, and that Ardenian agencies had dismissed women’s complaints. The Report provided a detailed account of a Zeitan rape victim living in the brothels, who was subject to harsh living and working conditions. On May 17, 2001, Contrary expressed shock and horror at this, and announced the creation of a blue-ribbon panel to examine the problem. She denied Ardenia’s responsibility for the brothels’ operation, and her government’s independent knowledge of the fa cs in the report. She expressed her concern for the Zeitan women, yet affirmed that the Report was insufficient basis for criminal charges. She recognized that although complaints had been filed, the government was not involved in the abuse of Case Rigalian women On 19 May, 2001, Zeitan ordered his Justice Minister to perform an investigation on human rights violations in Ardenia. Later that day, the Justice Ministry announced that it would prosecute Zeitan for trafficking in women for sexual slavery based on the universal jurisdiction principle applicable to crimes against humanity. It is the first time that Rigalia invokes universal jurisdiction. Rigalia announced that it would try him in absent if jurisdiction was not obtained, and requested Zeitan through diplomatic channels. There is no extradition treaty between Ardenia and Rigalia. The following day Contrary accused Zeitan of trying to distract attention from his country’s problems, denying the commission of a crime against humanity and Rigalia’s right to exercise universal jurisdiction. She requested that Rigalia respect Ardenia’s sovereignty. On 21 May 2001, Zeitan released copies of the ILSA Report’s unpublished background research, which indicated that theZeitan Co. operated dozens of brothels. Zeitan reiterated Rigalia’s intention to try Zeitan under the universality principle. Following unsuccessful mediation by the UNSG, the parties agreed to submit their differences to the ICJ. Contrary has ordered Zeitan not to leave the country, pending the judgment of the Court.