Section F

Case study

You are now going to hold an International Law moot.

Background information

Case A

Jane Bond is a British Intelligence agent who enters Japan as a businesswoman under a false name. While trying to steal an important military secret she kills a Japanese guard. She is arrested and tried for murder by the Japanese authorities. At this point the British Government claims responsibility for the agent's acts.

Case B

HMS Union is berthed in New York harbour under the command of Captain Kirk of the Royal Navy. British intelligence informs the Admiral of the Fleet that the Tipperary, a boat carrying arms for the IRA (the Irish Republican Army, responsible for terrorist attacks against Britain) is about to leave the harbour. The Admiral orders Captain Kirk to take any necessary action to stop the Tipperary. Captain Kirk orders his crew to sink the Tipperary. Two crew members of the Irish boat are killed in the attack. The Captain is arrested and charged with murder.

Notes: moot – навчальний судовий процес (у навчальних закладах)

harbour – гавань, порт

HMS Union – Британська субмарина

Problem

You should decide using information from the cases. Is she/he personally liable or not?

Task

Choose CASE A or CASE B below. Use the information from the article you have read on the “Rainbow Warrior” affair to decide the legal position of Jane Bond or Captain Kirk under International Law.

For each case, appoint students to act as counsel for the applicant State and counsel for the defendant State. The other members of the class will act as judges or arbitrators in the case they have chosen.

In this activity you are going to play the roles of counsel for the applicant state, counsel for the defendant state and judge or arbitrator.

Prepare your role(s) carefully.

Hold the moot, at which first the applicant state, then the defendant state are represented in court. Decide who has won the case and deliver judgment.

Brainstorming session

1. What does the term “international crime” mean?

2. What does the term “liability” mean?

3. Why did Jane Bond take a false name?

4. Why didn’t the British government give the immunity?

5. Which jurisdiction will be applied?

6. Which country has the right to punish her?

7. What penalty must be imposed on Jane Bond for using the false name under Japanese law?

8. Were the actions in Case A and B under the British jurisdiction?

9. Should the international maritime law be applied to this case?

10. What penalty must be imposed on the Captain?