Question
Acastria and Bronzia are states in the Cauldrona region. They are members of the Cauldrona Regional Community (an international organisation with 15 members). In 2019
Acastria and Bronzia are states in the Cauldrona region. They are members of the Cauldrona Regional Community (an international organisation with 15 members).
In 2019 there was an attempted coup in Acastria following a national election in which the incumbent President was defeated. International election observers reported that the election was conducted free of any significant irregularities.
The government of Acastria initiated prosecutions of the leaders of the attempted coup, including of Frances Donatella, for treason, sedition and property damage offences. Donatella is a well-known conspiracy theorist, who goes by the moniker 'K(nown)' online and has advanced baseless theories that the election in Acastria was the subject of foreign interference. Donatella was released on bail for several months pending trial and during this time appeared frequently in the media. On the day her trial was scheduled to begin, Donatella sought refuge in the Embassy of Bronzia in the capital of Acastria.
The Justice Minister of Acastria has demanded that Bronzia surrender Donatella for arrest, observing that 'Acastria, as a democratic state which adheres to the rule of law, is within its rights to hold accountable those who would seek to destroy our democratic institutions.' However, the government of Bronzia has seen this as an opportunity to challenge Acastria, its longstanding political and economic rival. The Foreign Minister of Bronzia issued the following media statement:
'The government of Bronzia believes that the recent election in Acastria was neither free nor fair, and we gladly offer our protection to those who have defended democracy. Under international law we are within our rights to offer asylum to Donatella, including on humanitarian grounds as she suffers from a serious illness and is not able to obtain appropriate medical care in Acastria. She would also be the subject of a politically-motivated trial in a Kangaroo court.'
The Foreign Minister of Bronzia subsequently released a more detailed statement, setting out the grounds upon which it which is claimed that Bronzia has rights under international law to grant Donatella asylum. These included the following:
(1) The 1990 Convention on Political Asylum (to which Acastria is a party, but not Bronzia) allows governments complete discretion in determining when to grant political asylum. The Convention has been ratified by 10 governments, only one of which is in the Cauldrona region. The government of Acastria has previously relied on this convention to grant political asylum in a separate and unrelated case.
(2) The 1975 Convention Establishing the Cauldrona Regional Community, to which Acastria and Bronzia and five other states in the Cauldrona region are parties, provides in Article 20 that 'It is not permissible for members of the Cauldrona Regional Community to grant political asylum to the citizens of other membersexcept in urgent cases and for the period of time strictly indispensable for this purpose.'
(3) A series of resolutions adopted by the Cauldrona Regional Community over a number of years titled 'Upholding Democracy in the Cauldrona Region'. These resolutions all included the following statements in their preambles: 'The Cauldrona Regional Community supports the rights of all citizens of its member states to participate in the democratic process' and 'All members of the Cauldrona Regional Community share a common interest in supporting democracy, democratic institutions and offering the fullest protection of the law to all those who advocate for democracy.'
(4) An advisory opinion of the Court of Justice of the Cauldrona Regional Community in 1986 which found that 'all states have the right to grant asylum for humanitarian reasons under any circumstances.' The Court of Justice is an international court with jurisdiction to decide disputes between members of the Cauldrona Regional Community and to issue advisory opinions on legal issues to the institutions of the Cauldrona Regional Community. Advisory opinions of the Court are non-binding but are regarded as authoritative.
(5)A decision of the Supreme Court of Acastria which held that under the Constitution of Acastria, political asylum may be granted to an individual who had a well-founded fear that he would face an unfair trial in his country of origin.
(6) A book titled 'The International Right to Democracy', authored by Professor Eeyore, Professor of International Law at the National University of Fibria. In her book, Professor Eeyore argues that there is now not only a right but an obligation under customary international law to grant diplomatic asylum on humanitarian grounds.
Assess the strength of Bronzia's claims.
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