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Moot Court Problem - 3
Mr Baden was the head of a terrorist organization mainly consisting of youth who were taught religious fanaticism in religious schools and the organization's ambition was to over power the whole world and establish their religious supremacy.
They took over Afganistan, the country from where they have been conducting their terrorist activities. They were used by the super power America against the Russians. The fanticism in the organization grew to such an extent that they started attacking the American consulates all around the world and finally as a result of the overgrown fanaticism they attacked the landmark buildings of the New York on September 11th, 2001.
The Whole world was shaken by the barbaric act of the terrorist organization headed by Mr. Baden.
America mounted a manhunt for Mr Baden in Afganistan as they had substantial evidence against Mr Baden to show that he had conspired and executed the attacks. While the search for Mr. Baden was going on a neighbouring theocratic country Qira gave him assylm. America requested Qira to extrdite Mr Baden as he was wanted in the september 11th attacks as well as in the earlier cases of bombing American consulates in different countries. When America made this request the top clergy of the religion met in the capital of Qira and decided it as a sin to hand-over Mr Baden. The government of Qira also refused saying that it has no extradition treaty with America. America started bombing few parts of Qira suspecting them to be Mr Baden's hideouts.
The government of Qira approached the international Court of Justice with the following contentions:
1. That it has the right to give assylm and Mr. Baden had the right to Asylm.
2. That it need not extradite Mr. Baden as it had no treaty with America.
3. That bombing Qira was a crime by America
4. That America has to pay a compensation for the destruction caused by the bombings.