Posts tagged: ICC

UMMOA hoping to forward its mission statement

We are pleased to communicate that on 26 February 2013, the International Criminal Court (ICC) has responded to the United Micronations Multi-Oceanic Archipelago‘s (UMMOA) complaint just as it would to any other subject of International law:

We are now doing research in order to establish what exactly to do next, but there is probably little if anything the ICC can do, since its jurisdiction is quite limited.

Here are the basic facts: Prof. Brian Simpson of Michigan State University Law School has described the Chagos with its native population in exile as a “human rights black hole“.

At the end of January 2013, the Permanent Court of Arbitration (PCA) in The Hague ruled that it can hear the Islanders’ case, which requires Britain to justify the taking of the Chagos Archipelago from Mauritius, and challenges its absolute right to create the Chagos marine reserve.

The court’s binding decision could possibly void Britain’s claim, returning the Chagossians or Chagos Islanders to Diego Garcia, and could possibly return Diego Garcia to Mauritius. The latter scenario is what Mauritius hopes, not the UMMOA.

The International Court of Justice (ICJ), which like the PCA is headquartered in the splendid Peace Palace of The Hague, also seems involved [1,2]. It has ruled that it can hear a case challenging the UK’s decision to establish a marine protected area around the Chagos Islands. The process could require the UK to justify its decisions to lease one of the islands to the United States for military purposes, and to (illegally) remove and resettle the Chagossians from their homeland.

The UMMOA legal team now has a basic plan to utilise its newly established status as a subject of International law, and the developing legal news mentioned in the paragraphs above, in order to contact the PCA, a court with much broader jurisdiction and powers than the ICC.

Through this effort we hope to get right in the middle of the UK and Mauritius squabble over the gigantic Chagos marine reserve, and propose a solution that could enormously benefit the exiled Chagossians who wish to return to their homeland, limit the blatant colonialism currently exercised by the UK, and the potential neocolonialism by Mauritius, and turn the UMMOA into a quasi-State. This would turn the UMMOA’s stewardship ethic of responsible planning and management of resources into a mandate, and bring its mission as Protector of the Chagossians into high gear.

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:

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:

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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