The State of Adua has distinguished itself as a "superpower". As such, it is increasingly undertaking initiatives to promote democracy, particularly in States termed to be "developing".

Its strategic initiatives to this end have included capacity building amongst justice agencies who are considered critical in protecting democracy in those developing countries. Other initiatives focus on nurturing local leaders and civil society who have demonstrated a leaning towards democracy. One of the beneficiaries of these initiatives has been the State of Upua, which is considered a 'young democracy',having attained independence in 2005. In the last couple of years, there has been a growing sense of democratic awareness and vibrant opposition against the President of the State of Upua, H.E Timia Timile. Further, H.E Timile has been accused of supporting terrorist groups in different parts of the world. At the beginning of 2023, violent massacres erupted in Moyo, the Capital City of Upua. Moyo has been the hotbed of opposition rallies mobilising support against H.E Timile.

From its intelligence, the State of Adua has established that the ongoing massive and inhuman atrocities happening in the State of Upua are state sponsored. Over three thousand fatalities and over half a million displacements have been registered. With the imminent rising death toll, the international community is up in arms against H.E. Timile, President of the State of Upua.

Convinced that the global community must respond promptly to halt the atrocities, H.E Umoja, President of the State of Adua has declared his State's intention to invade the State of Upua. In his statement he pointed out that not only has H.E Timile committed atrocities against his own people but threatens the international peace and security through his terrorist engagements.

Further, the alleged terrorist groups supported by H.E Timile have been a threat to the State of Adua. As such, plans are in motion to dispatch Adua soldiers to Upua, in the pursuit of a 'just war' as framed by H.E Umoja, President of the State of Adua. In his statement, H.E. Umoja emphasised that Adua's action is in line with international customary law that now justifies such an invasion. The Conglomeration of Advanced Countries, in which the State of Adua belongs, has advised H.E Umoja to reconsider the invasion as it goes against well recognized provisions of international law. The General Secretary of the Conglomeration of Advanced Countries has appointed you as a consultant to develop a position paper on the State of Adua's intended action.

Making reference to international legal instruments and judicial decisions: 

(i) Discuss the international law position on the use of force.        

 

 (ii) Interrogate H.E Umoja's claim on the development of international customary law that would justify invasion.

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i The international law position on the use of force is primarily governed by the United Nations Charter which prohibits the use of force in internati... View the full answer