Fiji has been engaged in a United Nations backed peace operation in Bougainville province, Papua New Guinea.

Question 2 (14 marks) Fiji has been engaged in a United Nations backed peace operation in Bougainville province, Papua New Guinea. Fijian soldiers operate from a base that was established a year ago. The Fijian government has hired the private firm “Superservice” to deliver food and day~to—day services to the military base, such as cleaning. Superservice hired the private security firm "Platoon” to protect its operations and offices in Bougainville, Papua New Guinea. Most of the persons working with transportation and provision of services of Superservice are PNG citizens, while the administrative staffs are Fijian. The majority of the persons working for the private security firm are former Fijian soldiers. Both firms are registered and have their operating headquarters in Fiji. You work as a legal advisor to the Ministry of Foreign Affairs in Fiji and are asked by your superiors to assess whether and to what extent yourcountry could incur responsibility under international law for acts carried out by employees of Superservice and Platoon. Refer to the reieva nt treaty and case law to support your answer. Page 2 of 3

Question 3 (11 marks) Assume that the incumbent {meaning in office} Minister of Foreign Affairs of lndonesia has allegedly ordered Indonesian military troops to commit acts which amount to possible genocide in West Papua. As a result, Vanuatu issues an arrest warrant against the Indonesian Minister of Foreign Affairs, based on the universality principle. The Indonesian Minister of Foreign Affairs Contests the legality of the issuance of the arrest warrant. Firstly, he holds that he enjoys full immunity from any kind of prosecution, as long as he is in office, no matter what acts he carries out. Secondly, he is convinced that under no conditions can he be prosecuted at present or in the future. a} Is the Indonesian Minister of Foreign Affairs correct concerning the validity ofthe issuance of the arrest warrant? Explain your answers and refer to relevant treaty provisions andfor case law. b} Is the Indonesian Minister of Foreign Affairs correct in his assumption that under no conditions can he be prosecuted at present or in the future? Explain your answer. THE END