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1 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.

2 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 We wish you good luck with your preparations.

3 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.

4 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 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 Contentious proceedings are instituted by agreement from the parties to a case, or an application by one State.

5 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 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 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.

6 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 )

7 , citing that the at-time Second Vice President, in charge of Defence and State Security, was entitled to immunity from criminal proceedings 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.

8 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.

9 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 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 lite of Equatorial Guinea, an African country plenty of gas, timber and oil (the continent s third biggest producer).

10 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.