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Issue 2: Rukaruku violated the principles of sovereignty.

Argument1: It is a foundational rule of sovereignty that a state may not interfere with the internal
affairs of another state.1 The principle of non-intervention, notwithstanding its frequent violation,
is part of Customary International Law.2 In the Corfu Channel Case, UK violated the Principle of
Non-intervention by securing evidence from Albanias territory without the latters permission.3
The violation also takes the form of a states unauthorized use of anothers territory.4 The incursion
of Rukarukus spy drone (automatic underwater vehicle AUV) without permission from
Anduchenca was clear intervention into the territorial sovereignty of Anduchenca.

Argument2: In consequence, Rukaruku violated Article 6 of the Treaty it had with Anduchenca
by disrespecting the territorial integrity of the latter.

Argument3: Anduchenca did not violate Article 7 of the FCN treaty. Freedom of navigation
(FON) is a principle of customary international law that ships flying the flag of any sovereign
state shall not suffer interference from other states, apart from the exceptions provided for in
international law. This right is now also codified as article 87(1)a of the 1982 United Nations
Convention on the Law of the Sea. In this context, navigation clear excludes surveillance which
was the activity and purpose of the AUV. Thus, Rukarukus AUV was not doing navigation.

1
UN Charter; The Case of the S.S. "Lotus" (France v Turkey), Judgment, (1927) PCIJ Series A
no 10, ICGJ 248 (PCIJ 1927), 7th September 1927 [PCIJ], The first and foremost restriction
imposed by International Law upon a State is that it may not exercise its power in any form in the
territory of another State. [Lotus Case]; Chesterman, Simon, The Spy Who Came in from the Cold
War: Intelligence and International Law, Michigan Journal of International Law 10771130
(2006).
2
Case Concerning Military and P.military Activities in Nicaragua (Nicaragua v. United States of
America) 1986 I.C.J. (June 27) at 106; Declaration on the Inadmissibility of Intervention in the
Domestic Affairs of States and the Protection of their Independence and Sovereignty GAR 2131
[XX] [21 December 1965; GAR 3281, supra n.12; 1949 Draft Declaration on Rights and Duties
of States of the International Law Commission (ILC), Art. 3; Charter of the Organization of
American States (OAS), Arts. 16, 18 and 19; Constitutive Act of the African Union (AU), Art. 4;
Treaty of Friendship, Co-operation and Mutual Assistance (Pact of the Warsaw Treaty
Organization), Art. 8; Charter of the Council for Mutual Economic Assistance (COMECON) and
Principle VI Final Act of the Conference for Security and Cooperation in Europe (Helsinki Final
Act [1975]), Art. 1(2); UN Charter Art. 2(7).
3
Corfu Channel Case (United Kingdom v Albania) Judgment, Merits, ICJ GL No 1, [1949] ICJ
Rep 4, ICGJ 199 (ICJ 1949), 9th April 1949, International Court of Justice [ICJ], 244.
4
Chesterman, Simon, The Spy Who Came in from the Cold War: Intelligence and International
Law, Michigan Journal of International Law 10771130 (2006). The Italian government abducted
an Egyptian cleric from Argentina and used the latters airspace for the formers extraordinary
rendition could be considered a violation of Argentinas sovereignty. (U.N.S.C. Res. 138, U.N.
Doc. S/RES/4349 (June 30, 1960)).

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