Reading:

The Republic of Quercus ("the Republic" or "Quercus"), the Commonwealth of Gallo ("the Commonwealth" or "Gallo") and the Kingdom of Miele ("the Kingdom" or "Miele") are neighboring states. Miele is relatively underdeveloped economically as compared to Qurecus and Gallo. Miele's economy is highly dependent on agriculture and fisheries. Over 60% of Mielians earn their livelihood from agriculture or fisheries. The Kingdom and the Republic have a long-standing military alliance. Miele has abundant fisheries. In approximately 2015, Galloian fishing companies began to fish in Miele's waters because rampant overfishing led to the collapse of Gallo's fisheries. Miele's Rakka indigenous community lives largely along Miele's coast. Rakkans have been fishing for centuries. Rakkan's have a mixed history of relations with the central government of Miele. There have been periods of insurrection, leading to law enforcement / military responses, as well as the suspension of civil liberties. Rakkans do enjoy a measure of autonomy and self- government within the Kingdom as a sub-federal unit under Miele's constitution. Concerned about the possibility of overfishing, Miele and Gallo entered into the 2016 Fisheries Management Treaty (the 2016 FMT). The 2016 FMT imposes quotas on the amount of fish that Galloian companies can harvest in Miele's fisheries (and sets out in detail the maximum amount that can be harvested by a single vessel per voyage). Article V of the 2016 FMT requires that all Galloian vessels (that is vessels flagged in Gallo or owned by Galloian companies) fishing in Miele's waters apply for and receive a permit to fish before entering Miele's waters. Article VI of the 2016 FMT also sets administrative procedures to allow those applying / possessing permits to challenge in Miele's courts the denial of permits or the limits on the permits. Article X of the 2016 FMT allows Miele to set annual limits on the number of permits and the quantity of fish a permit holder could harvest during a particular calendar year. The adoption of the 2016 FMT re-ignited tensions between Rakkans and the central government of Miele. While the central government of Miele viewed the 2016 FMT as a tool to properly manage the fisheries, Rakkans viewed it as an attempt to commercialize a resource (as permit fees are paid to the central government). Rakkans also believed that Gallo's would overfish Miele's fisheries, notwithstanding the imposition of quotas. There were peaceful protests by Rakkans prior the adoption of the 2016 FMT. The 2016 FMT entered into force on January 1, 2017. Concerns about compliance begun to arise not long after the implementation of the 2016 FMT. Article IX of the 2016 FMT requires Gallo to conduct inspections of Galloian fishing vessels returning from Miele's waters to ensure compliance with quota limits imposed under the treaty. Reports from Gallo suggested that inspections were infrequent and often did not include visual inspections of cargo holds to ensure that Galloian vessels were reporting their catch accurately. Additionally, some Galloian fishing companies began re-flagging their vessels to other countries (mostly Panama) in an attempt to avoid the application of the 2016 FMT. Rakkans quickly became concerned about Gallo's compliance. However, the central government of Miele showed less concern as they were happy to have additional revenues from the permit purchased by Galloian fishing companies. The central government did agree in 2018 that a portion of the revenues would be shares with the Rakkan Autonomous Region (RAR). By mid-2019, a report commissioned by government of the RAR concluded that fishing levels in Miele's waters were unsustainable. The report estimated that if commercial fishing was not reduced by 2023, Miele's fisheries would decline below safe levels that would allow for natural restoration. In July 2019, the Rakka Republican Army (the RRA) re-formed. They had disbanded in 2001 after Rakka had been granted significant autonomy under Miele's constitution, including the creation of the RAR. The RRA proclaimed that the time had come for Rakkans to seek independence, in part "to protect its ancestral way of life and prevent exploitation by Galloian fishing companies and the puppet regime in Miele that was allowing for the exploitation of Miele's precious fisheries." There was little violence initially. The central government of Miele did little to aggravate tensions fearing bloodshed. The Port of Tumi is located on the coast of Miele (and within the RAR). The Port of Tumi is the base of operations both for the Miele Coastal Authority (MCA) and Miele's Navy. The Miele Coastal Authority ("MCA") is a law enforcement agency charged with managing Miele's fisheries and protecting Miele's coast against environmental damage (along with other functions specified in Miele's statutes). As part of the 2001 agreement granting Rakka autonomy, it was agreed that Rakkans would staff and operate the Miele Coastal Authority. The Miele Navy remained under the direct control of the central government of Miele. In April 2020, vessels of the MCA began approaching Galloian flagged vessels, or vessels suspected of working for Galloian fishing companies, as they were about to leave Miele's fisheries to conduct inspections. Such inspections are authorized under the statute creating the MCA. Initially, most vessels complied and allowed inspections. The inspections revealed that some (though not all) vessels leaving the fisheries were in possession of fish catches in excess of the amounts allowed on the permits issued under the 2016 FMT. The vessels that did not comply tended to be non-Galloian flagged vessels, though these vessels were crewed with individuals of Galloian nationality and appeared to be working for Galloian fishing companies. When conducting inspections, the MCA would seize any excess catch that was located. The MCA also notified the central government of Miele of the violations. The central government of Miele took no further action. In October 2020, the MCA began arresting the crew of Galloian-flagged vessels, or vessels suspected of working for Galloian fishing companies that were either harvesting fish in excess of the amounts allowed under the 2016 FMT, or those non-Galloian flagged vessels that that did not

have permits. The MCA often held the crews without charge for several weeks before releasing them. Many of the crew members that were arrested were Galloian nationals, though some were third-party nationals. The fishing vessels found with excess catches or having no permits were seized by the MCA. President Keating of Gallo became very concerned about the arrest of Galloians by the MCA. On December 1, 2020, President Keating issued a statement denouncing the arrests and seizures, stating that the government of Miele had expressed no concerns about operation of the 2016 FMT. The statement called upon the central government of Miele "to take action against the RAR, who are acting under the authority of Miele to interfere with Gallo's rights under the 2016 FMT." In response, Prime Minister Impala of Miele stated "the central government of Miele calls upon the RAR to exercise restraint while the central government presses its concerns about the 2016 FMT with Gallo." The central government of Miele did, in the winter of 2021, raise with Gallo some concerns about the operation of the 2016 FMT Gallo. However, Miele did not allege that Gallo was in breach of the 2016 FMT. Prime Minister Impala urged President Keating to ensure compliance with the 2016 FMT, particularly with respect to inspections. In response, President Keating indicated that the more pressing problem was the actions by the RAR/MCA arresting Galloians and seizing their vessels. By June 1, 2021, little had changed. The MCA continued to encounter violations of the 2016 FMT. The MCA also continued to arrest crews on vessels found to be carrying excess fish or operating without permits, as well as seizing vessels. This included Galloian nationals and Galloian flagged vessels. The crews were usually held in detention without charge for weeks or months. The longest period of detention reported was 10 weeks. MCA officials indicated that nothing in statute created the MCA required them to advise detainees of the reasons for detention. Furthermore, MCA officials indicated that the crew were being held to remedy the breaches of the 2016 FMT. Indeed, as of today's date, at least three dozen Galloian nationals who were working on fishing vessels are being held in Miele (with estimates totaling 400 individuals who have been detained between October 2020 and the present time). The leaders of the RAR havelso indicated that "if the central government of Miele will not do anything to prevent Gallo's abuse of the 2016 FMT, Rakkans will act to protect Miele's sovereignty." On January 2, 2022, Prime Minister Impala ordered that all permits issued under the 2016 FMT be suspended pending a review by the Miele Minister of Fisheries. Prime Minister Impala made it clear that Miele was not repudiating or withdrawing from the 2016 FMT. Rather, Miele was attempting to give itself some space to assess compliance and decide on a path forward with respect to the treaty. President Keating responded by saying the suspension of the permits was unlawful and vowed that Galloian fishing vessels would continue to utilize Miele's fisheries. On March 8, 2022, the Galloian Navy implemented Operation Green Light. Operation Green Light was a plan to send armed Galloian frigates to escort Galloian fishing vessels heading to Miele's fisheries to prevent the Galloian fishing vessels from being interfered with by MCA vessels. President Keating authorized the plan after reports that MCA officials were assaulting Galloian crews during inspections of vessels. President Keating released a statement indicating that any MCA vessel that approached Galloian fishing vessels would be warned, and then fired upon. Prime Minister Impala was quick to condemn Operation Green Light as an unlawful incursion onto Miele's sovereign powers to protect its fisheries. On March 10, 2022, the Galloian Frigates Bigglesworth and Farbissina crossed into Miele's waters, along with three Galloian fishing vessels. In the afternoon hours of March 11, 2022, three MCA vessels approached the Galloian fishing vessels and signaled an intention to board and conduct inspections. The captain of the Bigglesworth advised the MCA vessels to cease their approach or they would be fired upon. Moments later, both Galloian frigates opened fire, sinking all three MCA patrol boats. The 90 crew members aboard the three MCA vessels boats were killed. On March 13, 2021, Prime Minister Impala expressed outrage at the attacks launched by the Galloian navy against MCA vessels in Miele's waters. Prime Minister Impala warned that further armed attacks would be met with a response. Miele's military took no immediate action in response. Over the next two weeks, Galloian Frigates entered Miele's waters on multiple occasions while escorting Galloian fishing vessels. On at least five separate occasions, Galloian Frigates fired on MCA vessels. Several MCA vessels were damaged, and at least eight MCA officers were killed. On March 29, 2022, Prime Minister Impala warned that if the Galloian Navy persisted in entering Miele's waters, they would encounter Miele's Navy. President Keating continued to blame the situation on the MCA's unlawful actions and the detention of Galloian's in Miele. On April 2, 2022, Task Force Powers left the Port of Tumi. Task Force Powers was made up of four destroyers of the Miele Navy. Task Force Powers was given orders to intercept any Galloian Navy vessels, and escort them out of Miele's waters. If the Galloian naval vessels refused to leave, the Task Force was authorized to use all force necessary to expel the Galloian naval ships. On April 4, 2021, Task Force Powers encountered the Galloian Frigates Bigglesworth and Farbissina about 100 nm off the coast of Miele. The Galloian frigates were escorting several fishing vessels. Task Force Powers issued a warning to the Bigglesworth and Farbissina to leave Miele's waters immediately. When the Bigglesworth and Farbissina refused, the Miele destroyer Austin opened fire. After a battle lasting nearly an hour, the Galloian Frigate Bigglesworth was sunk. The 89 surviving crew members were captured by Task Force Powers. The Galloian Frigate Farbissina retreated to Galloian waters. On April 5, 2020, Miele's Ambassador to the United Nations delivered a letter to the Secretary-General advising that the actions of Task Force Powers had been taken in self-defence, and invoked Article 51 of the UN Charter. On April 6, 2022, President LaPier of Quercus made a statement denouncing "Gallo's unlawful aggression and imperialist attitudes". President LaPier added that "Gallo's ability to wage aggression against Miele must be curtailed". In the early morning hours of April 7, 2021, Quercus' military launched a series of cruise missile strikes against Galloian navy targets, including the port where the Galloian Frigates Bigglesworth and Farbissina were based. The daylight raid resulted in significant casualties (some 200 dead and three Galloian navy vessels sunk). At an emergency meeting of the UN Security Council on April 10, 2022, Quercus' Ambassador to the UN stated "Quercus' actions were undertaken in solidarity with the Kingdom of Miele in response to the multiple incidents of armed force undertaken by Gallo against Miele, and in conformity with the right of collective self-defence." The Kingdom's Ambassador to the UN, speaking at the same meeting, expressed thanks to the Republic, stating that "while Miele had not felt the time was right to respond to Gallo's aggression, and had not discussed the matter with the Republic, the Republic's missile attack sent a clear message that armed attacks by Gallo would not stand." No resolutions or actions were taken by the Security Council as a result of the emergency meeting. For the purpose of the questions below, you may assume that that Quercus, Gallo, and Miele are all members of the United Nations, and are all parties to the International Covenant on Civil and Political Rights (ICCPR), all four of the Geneva Conventions (1949), and the Vienna Convention on the Law of Treaties. Furthermore, Gallo and Miele have made declarations under Article 36(2) of the ICJ Statute. Miele has, under its declaration pursuant to Article 36(2), stated "Miele excludes from the jurisdiction of the ICJ any dispute arising from the management of its fisheries."

Could you briefly answer the following question.

P.S. some of the dates are mixed up

You are a legal advisor to President Keating of Gallo. President Keating is furious about the treatment of Galloian fishing crews in the custody of the MCA. During a meeting with President Gallo, he exclaims that "those Rakkans working for the MCA need to face the inside of a jail cell in the Hague or something." You have been asked to assess what claims might be pressed on behalf of Gallo with respect to fishing crews arrested by the MCA, including where such a claim may be made and any remedies that might be sought. You are a legal advisor to Prime Minister Impala of Miele. The Prime Minister has asked you to assess whether the use of force by Task Force Powers was lawful under international law (both treaty and customary). You have also been asked to provide advice on what law applies to the survivors of the Galloian Frigate Bigglesworth and why. You are a legal advisor to the UN Secretary General. You have been asked to provide a legal assessment with respect to the April 6, 2020 missile strike by Quercus against Gallo. Provide an analysis of the legal issues that arise, and an assessment of the lawfulness of the conduct.