Assignment Task
Consider the following hypothetical situation:
State A is inhabited by two different ethnic groups: X and Y. X is the majority group and Y is theminority group. In January 2019, the President of State A equipped and financed private militiasto undertake military action against group Y: the militias have committed mass killings againstgroup Y in the southern part of the territory of State A, aiming to destroy the group. In January 2020, group Y declared its independence from State A and the constitution of a separate State B. No State has yet recognised State B.
In March 2020, State B requested the military assistance of neighbouring State C, which sent itsmilitary contingents to stop mass killings committed against group Y. State C’s contingents havefought private militias both on land and at sea, within 10 nautical miles from the baseline of StateA’s coast. Allegedly, State C’s militias have also conducted military attacks against civiliansbelonging to group X.
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Get Help Now!In January 2018, State A concluded a bilateral investment treaty with State C, which establishesfree investment between the two countries and fair and equitable treatment for foreign investors.In June 2018, P, a national of State C, invested in State A by acquiring half of the shares ofcompany Z, which is active in the area of telecommunication services. Because of the ongoing hostilities, P’s investment suffered huge devaluation.
In the light of relevant international instruments, scholarly opinions and cases, provide your advice on the following issues:
1) The legality of the declaration of independence of State B from State A;
2) The legality of State C’s military action;
3) Whether State C is responsible for violations of international humanitarian law committed by its military contingents and what remedies are available to State A; and
4) The possibility that State C acts in diplomatic protection of investor P against State A.
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