2009 Martiniel protocol

The Martiniel protocol was an international law established in mid 2009 to apply specifically to the Melivorica region, relating to the legality of building nationalised structures, resource exploitation, military action and territorial claims in regards to the region's Government-less territories. It was proposed by the governments of Barrettstia, Norheimir and Brachyuria in the aftermath of the Martiniel Incident, when a lack of clarity about the specifics of the situation led Deketopia to inadvertently draw anger from the three nations by attempting to build an embassy on the defunct island nation of Martiniel (now Azgaria).

Background

After the start of the 21^st century, countries in Melivorica began to destabilise, in what analysts have proposed was an effect brought on by the sharp political differences inherent in the region, as well as a undercurrent tendency of ineffectual ruling throughout the area. By 2009, this political effect culminated in the complete collapse of the majority of Melivorican nations, with less than a third of it's previous numbers still in existence by late 2010.

One of the earliest countries to collapse in this way was the island nation of Martiniel. On the 19^th of July, 2009, President Meier of Deketopia set up what was claimed to be a trading establishment on the island. Seeing no local authority in Martiniel that could have agreed to any construction of extra-national buildings, the leaders of Norheimir, Barrettstia and Brachyuria opposed his actions. Despite threats of action, intensified when the regional giant Torall put it's weight behind Deketopia's side, the incident was resolved peacefully after Torall itself suffered a similar collapse, and resulted in a peacekeeping presence on the island that might not have happened without the incident occurring.

Having acted against Deketopia mainly due to personal objections rather than any true legal reasons, the decision was made to establish a law so that it was a legal right for disputed territories in Melivorica to have a form of honorary sovereignty, permitting them to be considered official entities.

The law

• Regarding the actions of sovereign states, all government-less territorial bodies (hereafter refered to as "client nations") within the region named Melivorica, are subject to the same legal value as any sovereign state within same region.
  • All actions made towards or inside the territory of client nations are to be conducted in accordance to the same laws regarding sovereign nations and their rights to territory, resources, and civil freedoms.
• The territory, infrastructure and population of all client nations is hereby legally protected against the use of military force, in any form.
• The territory of all client nations and national resources wherein are hereby legally protected against exploitation by sovereign nations.
• The territory of all client nations is still to be regarded as the legal residence of all it's contained population.
  • All official occupancy and land ownership laws and agreements held before the collapse of the client state are still considered legally binding. Until the territory in question recovers into a state of self-governance.
  • All passports of collapsed nationalities are still considered legal, and are not grounds for a denial of entry into a sovereign country.
  • All citizens of client nations are to be treated as having at least the basic rights of all humanity, as proposed in the 1987 Amburgh convention. Citizens from client states with more extensive human rights laws than this are covered by the civil rights laws of their client state.

• The laws set above can be circumvented in cases where it is seen as against the wishes and/or benefit of the client nation's population (ie. Supporting a resurgence of a national governance within the territory, to result in the state recovering from it's collapsed state).
  • Such a situation must be recognised by a multi-national inquiry.

• The laws set above can be circumvented in cases where it causes a threat to individuals.
  • But can only be circumvented by the threatened individuals.
  • But can only be circumvented to an extent that removes the threat to those individuals.
  • Subjects seen to be placing themselves in unnecessarily threatening situations, for the designed purposes of incurring the circumvention, are not subject to this.

• The laws set above can be circumvented in in cases where it causes a threat to sovereign nations.
  • But only if the threat is recognised by a multi-national inquiry.
• The laws above regarding military action can be temporarily ignored in cases where the safety of the client nation is subject to internal threats, or threats from a sovereign nation acting within the client nation.
  • But this only applies to the specific law regarding the use of military force.
  • And only applies to the use of military force against the threat, not the client nation as a whole.

Signatory nations

Legal consequences

In effect, the most important rule established by this protocol was that all non-governed states still held to the right to their own territory, and any extra-national efforts to conduct any activity in the area should require the same kind of legal precaution that would be necessary for conducting such actions in proper sovereign states. It also states clearly, that silence borne from an inability to deny a request to conduct such actions is not to be taken as not voicing any objection.

As a direct result of the law, almost all of the collapsed Melivorican countries after Martiniel did not suffer similar incidents. On the other hand however, it has also made the legality of conducting sincere peace keeping missions a shaky question, and had a negative effect on the amount of assistance given to such destitute areas of the region in the years since.

Breaches and loophole exploitations

In alphabetical order

Azgaria

^{Main article: Azgarian Civil War, East Salene War}

• 30th June, 2010: Azgaria, the newly formed succesor country to Martiniel itself, collapses amidst political upheaval compounded by the rise of partisan militia in the north of the country which have been active since late 2009. The militia, calling themselves the East Salene Republican Army, claims to seek "re-unification" with Revolvisia, a nation several thousand kilometres west of Azgaria on the other side of the Melivorican continent.
• 5th of July, 2010: Believing that the militia is directed if not wholly fabricated into existence by Revolvisia itself, the signatory nation Brachyuria claims that Revolvisia is breaching the protocol to influence political control of Azgaria. Discussions between their represantatives sent to a diplomatic meeting in Archonis-Thay are unable to come to an agreement after days of talking.
• 8th of July, 2010: The East Salene Republican Army seizes control of the Azgarian parliament in Fort De Azgaria and declares "independence" as a country named East Salene. East Salene is not recognised by the WA and only receives palty support within Melivorica outside of Revolvisia, such as being listed as a valid buisness partner by Fasdian officials.
• 12th of July, 2010: Frustrated that it is unable to prove Revolvisian involvement and justify a conventional war with Revolvisia, Brachyuria tries to gather the support of the other signatories for a reprieve of the protocol in order to "liberate" Azgaria/East Salene. The sole remaining other signatory, Norheimir, had less than a year previously been attacked by Brachyuria during the Democratic Army War and was not supportive of this measure, beleiving that the Brachyurian military was "too prone to attacking civilian targets to be entrusted with the livelihood of Azgarian citizens." Additionally, it was argued by Revolvisia that the support of one uninvolved signatory was not enough to constitute a "multi-national enquiry" required by the protocol to suspend it's application. Maintaining that they believed Revolvisia was directly responsible for the collapse of Azgaria and was manipulating East Salene as a puppet government, Brachyurian representative Charles Oakenbroth walks away from talks with the Revolvisian government, claiming that continuing the discussions was a waste of time.
• 15th of July, 2010: Revolvisia and East Salene sign the Revolvisia-East Salene bipartide sovereignty act, which acts to merge the two countries into one, with all excecutive power held by the Revolvisian Lucidarch.
• 23rd of August, 2010: Following a dispute over merchant shipping lanes into East Salene where ports were temporarily closed to all but Revolvisian flagged vessels. A report gathered by the Fasdian Intelligence Service is released publicly, arguing that a flow of funds into Azgaria starting in November of 2009 correlates with the appearance of the East Salene Republican Army. Similar links are found with Azgarian officials being bribed and blackmailed. Brachyuria attempts to renew support for an intervention but is again unsuccesful.
• 4th of May, 2011: East Salene Governor Gyrax Bennida is assasinated by a car bomb. Revolvisia accuses Brachyuria for the killing, responsibility for which is denied by the Brachyurian government.
• 18th of December, 2011: The Brachyurian government gives Revolvisia a three part ultimatum. To give Azgaria it's indepenence, denounce the East Salene government as illegitimate and become a signatory of the Martiniel protocol, the last of which would abolish Revolvisia's practice of recruiting slaves from the disputed territories.
• 21st of December, 2011: Before the time given by the ultimatum runs out, Revolvisia responds by attacking a Brachyurian fleet as it approaches Revolvisia to set up a blockade. Sparking the East Salene War.
• 23rd of December, 2011: The first Brachyurian Marines come ashore in northern Azgaria as part of a miltary operation to depose the Revolvisian based government, breaching the Martiniel protocol in the process.
• 16th of January, 2012: Fort De Azgaria seized by Brachyurian forces. East Salene government disbanded.
• 1st of February, 2012: The date on the ultimatum for complete Revolvisian withdrawal from Azgaria. Johannson Ignaseous refuses to surrender despite threats by the Brachyurian navy to begin bombarding the Revolvisian capital.
• 3rd of February, 2012: Johannson Ignaseous attacked by members of his staff and is hospitalised. His sister, Lucidarch Bernadette Ignaseous surrenders and signs the Martiniel protocol. A month later Revolvisia will collapse under revolution from the slave underclasses, unhappy that foreign slaves were released by this law and they were not.