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protect itself against any actual or potential threat to its national security or the ability of
Valyria to conduct its economic and foreign affairs.
8. Section 12 of the FIAA provides for, titled Safeguards and Limitations, sets forth certain
limitations on the FIAs surveillance activity. First, surveillance may not be authorized by
the Director whenever there is a substantial likelihood that information acquired thereby
will include any communication to which a citizen of Valyria is a party. Second, it
establishes a nine-member National Security Tribunal (the Tribunal) comprising of
former directors of the FIA, former bureaucrats and former judicial member of Valyrian
Supreme Court, which must review all electronic surveillance conducted under the FIAA
every three months. Proceedings before the Tribunal are in camera, but the Tribunal is
authorized to call on technical experts, academics, and NGOs to participate. Third, a
Parliamentary Committee for Surveillance Oversight is created, with access to all
information relating to the FIAs operations, and the capacity to launch independent
investigations and to summon the FIAs Director and other personnel to appear before it.
9. Over the years, many nations began to protest at the secrecy maintained by Bravos with
regards to the details of the corporations registering themselves in the State. Many called
for greater transparency as to what activities were the funds being utilized as there were
fears that Bravos new tax free economy was surreptitiously promoting illegal activities
such as tax evasion, drug trafficking and terrorism.
10. On 13th January 2015, news broke out in Valyria regarding various shell companies being
registered within the territory of Bravos. The news disclosed that shell companies were set
up with funds originating from all over the world, some of the funds from certain shell
companies were also reported to have been used in financing terrorism including some
organisations which were involved in terrorist activities in Valyria and the global cocaine
trade. The information was unearthed from Hagar & Co. a financial services firm
specializing in incorporating companies and trusts in Bravos, for foreign investors with
many famous personalities, including A-list actors and heads of state being named in the
scandal as the investors in these shell companies. The news soon travelled across the
globe and caused uproar the world over with various sections of the public in the nations
wherein heads of states were implicated in the scandal calling for their resignation. Jaggen
Hagar, the partner of Hagar & Co. released a statement saying:
Our firm, like many firms, provides global registered agent services for our
clients (e.g., lawyers, banks, and trusts) who are intermediaries. As a
registered agent we merely help incorporate companies, and before we
agree to work with a client in any way, we conduct a thorough due-diligence
process, one that in every case meets and quite often exceeds all relevant
local rules, regulations and standards to which we and others are bound.
12. On the other hand, the Valyrias Minister of Foreign Affairs issued a statement saying:
Crooks do not enjoy rights to privacy, the fact that many of these so called
investors are friends and abettors of terrorism goes to show that the
surveillance was in the national interests of Valyria and the entire world in
the war against terrorism. We request Bravos to immediately share all
information pertaining to shell companies with the Financial Action Task
Force so that immediate corrective action can be taken and the perpetrators
brought to justice otherwise the actions of Bravos are in direct violation of
international law as it is allowing its territory to be used for the financing of
terrorist activities.
13. In the meantime a group of ethical hackers and privacy advocates Nameless which
according to news reports have members including persons from government and armed
forces of Brovasia in their non- official capacity, used a malicious programme to disrupt
the operation of the firewalls of certain FIA facilities and intercepted and downloaded the
information stored in its servers and released it over the open web to show the extent of
surveillance which included various heads of states, the UN, embassies of various State,
judges of ICJ etc. This caused parts of the surveillance system to go offline for an hour.
The attack also shut down a power plant in one of the districts of Valyria thereby causing
power outage in various parts and killing 15 people in an ICU in a State hospital. The
Valeryian Technical Institute was asked to analyse the source of the alleged cyber-attack.
The Institute based on its research and analysis concluded that the malware used in the
hacking of the computers has been traced to IP addresses within Bravosianian territory.
3
Nameless also targeted a number of other institutions including the site of the national
railway, the largest bank of Valyria and the government owned television network and
newspaper. All these websites were down for a period ranging from 2-12 hours.
14. Terming it as an armed attack Valyria authorized a drone strike in Bravos based on an
intelligence that 10 members of Nameless were meeting at one of the members house.
However, the house was in the middle of a civilian locality and killed 250 persons, and
wounded 100 more.
15. Bravosia immediately lodged a protest with Valyria stating that there was no armed
conflict between the states. Valyria denied targeting innocent civilians and termed it as
collateral damage in its fight to defend itself and its people.
16. In mid-2015, diplomats from Valyria and Bravos began meeting in an attempt to settle
their differences. After two weeks of negotiations, the parties were unable to reach any
agreement. In light of growing international pressure, Valyria and Bravos agreed to refer
all matters in dispute to the International Court of Justice.
17. Valyria and Bravos are both members of the United Nations, and are parties to the Statute
of the International Court of Justice; the Vienna Convention on the Law of Treaties; the
International Covenant on Civil and Political Rights; the International Covenant on
Economic, Social, and Cultural Rights; the Vienna Convention on Diplomatic Relations;
the Vienna Convention on Consular Relations; the four Geneva Conventions of 1949 and
additional Protocols I and II thereto, the International Convention for the Suppression of
Terrorist Bombings, and the International Convention for the Suppression of the Financing
of Terrorism. Neither state has made any reservations, declarations or understandings with
regard to any of these treaties.
APPLICANT PRAYS:
(a) The mass electronic surveillance programs of Valyria violates international law and
Articles 17, 19, 21 and 22 of the ICCPR,
(b) The cyber attacks against certain facilities and sites in Valyria cannot be attributed to
Bravos, and in any event did not constitute an internationally wrongful act, and
(c) The state of Valyria is in breach of international law for the drone attack on the
civilian population.
RESPONDENT PRAYS:
(a) That the surveillance was done in national interest in wake of national security
concerns and as such, the same does not violate any international norms,
(b) The cyber attacks against certain facilities and sites in Valyria are attributed to
Bravos, and constitute an internationally wrongful act, and
(c) State of Valyria is not liable under international law for the drone attack and for the
consequent loss of life and property.