Кейс по международному публичному праву

Сам кейс на английском, но решение можно предоставить на русском. ТЗ: Обосновать свой ответ ссылкой на источники международного права Ответ должен быть структурированным: Кейс: I. FACTS OF THE CASE A. Background information about the states mentioned in the case 1. Ionia is the European state, a member-state of the EU. Landian People’s Republic (Landia) is an African state. Ionia and Landia are separated by the Mediterranean Sea. 2. The migrants make their way by vessels from Landia (the country of departure) to Ionia (the country of destination) and pass through the Search and Rescue Region of responsibility of Maxima, an island state in the Mediterranean Sea, the member of the EU. 3. Erubia is an African state, a country of origin of migrants. 4. Both Ionia and Landia are signatories to the UNCLOS and 1979 International Convention on Maritime Search and Rescue (“the SAR Convention”) (amended in 2004). 5. Both Ionia and Maxima are signatories to the 1951 Geneva Convention relating to the Status of Refugees and Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime (“the Palermo Protocol”) (2000). B. Interception of migrants on the high seas and return of migrants to Landia 6. In April 2020, a group of about one hundred individuals (nationals of Erubia) left Landia aboard two vessels with the aim of reaching the Ionian coast. 7. On 5 April 2020, when the vessels were on the high seas within the Search and Rescue Region of responsibility of Maxima, they were intercepted by two ships of the Ionian Coastguard. 8. The nationals of Erubia were transferred onto Ionian ships and returned to Radia, a port in Landia. According to them, during the eight-hour trip the Ionian authorities did not inform them of their real destination and took no steps to identify them. Also, Ionian military personnel confiscated documents confirming migrants’ identity. 9. On arrival in the port of Radia, the migrants were handed over to the Landian authorities. According to the nationals of Erubia, they objected to being handed over to the Landian authorities but were not given a chance to stay onboard of Ionian ships. 10. At a press conference held on 6 April 2020, the Ionian Minister of the Interior stated that the operation to intercept the vessels on the high seas and to return the migrants to Landia was the consequence of the entry into force on 17 December 2019 of a bilateral agreement concluded with Landia that “represented an important turning point in the fight against illegal immigration”. The Minister explained that the operation had been carried out in application of the principle of cooperation between States. The Minister stated that the return policy was a very effective tool in combating illegal immigration because it “discouraged criminal gangs involved in people smuggling and trafficking, helped save lives at sea and substantially reduced landings of irregular migrants along the Ionian coast”. C. The fate of Erubian nationals after their return to Landia 11. Out of about one hundred migrants returned to Landia, 14 were granted refugee status by the office in Radia of the Office of the United Nations High Commissioner for Refugees (UNHCR) between April and June 2020. 17 of the group of migrants are in the process of applying for the refugee status. 12. 23 Erubian nationals were returned to their country of origin. The rest are awaiting the decisions of Landian authorities in a detention camp. D. Bilateral agreement between Ionia and Landia 13. On 1 November 2019, Ionia and Landia signed a bilateral cooperation agreement in Radia to combat illegal immigration (hereinafter – Agreement). On the same date they signed an Additional Protocol setting out the operational and technical arrangements for implementing the Agreement. The Agreement and the Protocol entered into force on 17 December 2020. 14. Under Article 1 of the Agreement: “The two countries undertake to organise maritime patrols with joint crews, made up of equal numbers of Ionian and Landian personnel having equivalent experience and skills. The patrols shall be conducted in Landian and international waters under the supervision of Landian personnel and with participation by Ionian crew members, and in Ionian and international waters under the supervision of Ionian personnel and with participation by the Landian crew members. The two countries undertake to repatriate illegal immigrants and to conclude agreements with the countries of origin in order to limit illegal immigration.” 15. Under Article 2 of the Agreement: “Ionia and Landian People’s Republic undertake to organise maritime patrols using six ships made available on a temporary basis by Ionia. Mixed crews shall be present on ships, made up of Landian personnel and Ionian police officers, who shall provide training, guidance and technical assistance on the use and handling of the ships. Surveillance, search and rescue operations shall be conducted in the departure and transit areas of vessels used to transport clandestine immigrants, both in Landian territorial waters and in international waters, in compliance with the international conventions in force and in accordance with the operational arrangements to be decided by the two countries.” 16. Furthermore, Ionia undertook to cede to Landia, for a period of three years, three unmarked ships (Article 3 of the Agreement). Ownership of the ships offered by Ionia, within the meaning of Article 3 of the Agreement, shall be definitively ceded to Landia. E. International Material describing the situation in Erubia 17. Various reports condemn human rights violations perpetrated in Erubia. They detail serious human rights violations by the Erubian government, namely arbitrary arrests, torture, inhuman conditions of detention, forced labour and serious restrictions on the freedom of movement, expression and religion. Those documents also analyse the difficult situation of Erubians who manage to escape to other countries such as Landia, Sudan and Egypt and are subsequently forcibly repatriated. 18. The principal reports are: (i) UNHCR, “Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Erubia”, March 2020; (ii) Amnesty International, “Erubia – Amnesty International Report 2020”, 21 May 2020; (ii) Human Rights Watch, “Landia: Don’t Send Erubians Back to Risk of Torture”, 15 March 2020. II. ASSIGNMENT Please answer to the following questions: 1) Did Ionia have a valid ground to intercept the vessels with Erubian migrants on the high seas? 2) Did Ionia respect its obligations under the 1951 Geneva Convention relating to the Status of Refugees? While answering do not forget to: - instruct the materials in the relevant topics of the course; - substantiate you answer by reference to the sources of international law and facts of the case; - cite your sources properly; - keep your answers structured. Good luck!