The Twigan Cultural Centre Dispute

  • Pundamilia signed the Vienna Convention on Diplomatic Relations (with reservation!)

  • Twiga ratified the Vienna Convention on Diplomatic Relations without reservations

  • “Military Assistance Agreement between the Republic of Twiga and the Republic of Pundamilia”

  • the Minister of Defence of Pundamilia had concluded a contract with Twiga Helicopters Inc.

    The contract was for the delivery of 12 military helicopters to Pundamilia.
  • Period: to

    Military Helicopter Contract between countries

    delivery of the remaining 10 helicopters
  • two helicopters were delivered to Pundamilia

    under the contract
  • The Government of Twiga appointed Mr Fisi as Ambassador to Pundamilia.

  • Mrs Fisi bought the premises located at 22 Baobab Street.

  • sale of paintings from the collection - transfer of 30% of the proceeds to the bank account of the embassy

  • Twiga bought from Mrs Fisi the premises where the Cultural Centre was located

    Twiga’s embassy in Pundamilia did not communicate to the authorities of the receiving State that it was using the premises for the purposes of the diplomatic mission, nor did it send a formal request for protection of the new premises to Pundamilia’s authorities.
  • three Pundamilian citizens filed separate complaints with the Pundamilia Public Prosecutor against Mrs Fisi

    In September and October
    she sold them a fake Van Tembo painting for 10,000 Pundamilian dollars each
  • Pundamilian police searched the premises of the Twigan Cultural Centre

    as part of the investigation into Mrs Fisi’s conduct. There they found and seized a Van Tembo painting which Pundamilian investigating authorities claimed to be a fake.
  • Twiga’s embassy in Pundamilia sent a Note Verbale to the Ministry of Foreign Affairs of Pundamilia

    in order to protest against Pundamilia’s breaches of the inviolability of the premises of the Twigan embassy in Pudamilia
  • Mrs Fisi did not appear before the investigating judge (she had immunity)

  • Pundamilia’s Ministry of Foreign Affairs replied to the Note Verbale of 14 January 2016

    the Ministry was unable to grant the diplomatic mission’s request because the building located at 22 Baobab Street was not part of the premises of the diplomatic mission of the Republic of Twiga
  • Twiga’s embassy sent another Note Verbale to Pundamilia’s Ministry of Foreign Affairs

    It suggested a negotiated solution to the dispute concerning Pundamilia’s failure to recognize the jurisdictional immunity of Mrs Fisi, as well as the inviolability and immunity of the premises located at 22 Baobab Street. Pundamilia did not reply.
  • Mrs Fisi was indicted on criminal charges

  • the delivery of military helicopters was suspended in reaction to Pundamilia’s conduct

    Twiga’s Minister of Defence and the Minister of Foreign Affairs declared that: “Pundamilia breached the inviolability and immunity of a family member of one of Twiga’s diplomatic agents who was performing official functions. It also breached the inviolability and immunity of the premises of Twiga’s diplomatic mission in Pundamilia. Twiga regards these violations as acts of the utmost gravity and urges Pundamilia to cease its wrongful conduct immediately.”
  • Twiga filed an application against Pundamilia before the International Court of Justice