Posts tagged: functional theory

The UMMOA now a subject of International Law

On 31 December 2012, the United Micronations Multi-Oceanic Archipelago (UMMOA), through its Legal Representative, sent a communication to the International Criminal Court (ICC), to request that it use its good offices and position to investigate allegations of the unlawful detention, torture, and black ops in Diego Garcia, BIOT. Here is a PDF copy of that letter:

http://ummoa.net/UMMOA-letter-to-ICC.pdf

The intent of the letter was to support the request for an investigation of the use of the Diego Garcia military base as a place of international extrajudicial detention, torture, and execution. The subject of the letter was “War Crimes and Crimes against Humanity in the British Indian Ocean Territories.”

Well, the Office of the Prosecutor of the International Criminal Court acknowledged the receipt of the letter sent by the UMMOA’s Legal Representative, and the communication has been duly noted and entered in the Communications Register of the Office. Here is a PDF copy of their letter:

http://ummoa.net/ICC-acknowledgement.pdf

According to Functional Theory, UN Member States, the Vatican and Palestine are States.

States and certain non-State entities are subjects of International Law.

A non-State entity that is a subject of International Law like a State does not lack a judicial personality under International Law, because it has rights and/or duties under International Law.

According to the Functional Theory of International Law, legal functionality is given to those entities — States, capable non-States, and some highly qualified individuals — which have the capability to perform legal functions internationally.

Well, on 8 January 2013, the United Micronations Multi-Oceanic Archipelago (UMMOA) was treated like a subject of International Law.

We hope that the ICC, a court of last resort, will exercise its jurisdiction wherever and however it is possible, since the United Kingdom, a state party to the ICC, appears unwilling or unable to investigate and prosecute the War Crimes and Crimes against Humanity narrated in our complaint.

Through this effort, the United Micronations Multi-Oceanic Archipelago (UMMOA) has begun to fulfil the role that was assigned to it on 5 May 2012 by the Organization of Emerging African States (OEAS) as Protector of the Chagos Archipelago and its indigenous people, the Chagossians. The UMMOA has taken the role assigned to it by the OEAS like a mandate. This role or office of the UMMOA is not viewed like a national franchise or right, but more like an international obligation or duty, one well within the UMMOA’s mission statement.

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