Andler government has the full right to represent Aprophe in the ICJ

It is important to mention that Andler promised to call new elections. It should be noted that even in such unstable atmosphere Andler found it possible not to forget about this democratic institution. The fact that the date of new elections was not announced immediately is natural in the light of the situation that took place in the country. Thus calling a new elections in such unstable time would not be appropriate since it would be impossible to carry out normal pre-election campaign and to observe electoral rights of the Aprophe citizens. Therefore, new-established government could not be blamed for the unlawful retention of power.

In addition, Andler possesses the right to represent Aprophe since most of the population accepted her government. As it follows from the internal policy of Andler government the Aprophian concerns were put on the first place. The most stressful factors, which created tension in society, were removed (Comp 27). Hence Aprophian policy was dedicated exclusively on the state’s interests. And this indicates that new government was not under foreign state control, it was independent in its declaration of intents and activities.

In fact Andler is the Head of the Aprophe's government which makes her able to represent[14] Aprophe in the Court in accordance with international law. Moreover she has been recognized in this status by several states and the aspect of recognition was among the Court's arguments which served as a motivation for rejection of Yugoslavia's preliminary objection in case Bosnia and Herzegovina v. Serbia and Montenegro [15]. Consequently, Andler has jurisdiction to “act in her capacity as representative of the people of Aprophe”[16]. Apart from this, the decision upon whether Andler has the right to represent Aprophe should be “considered in the light of Purposes and Principles of the UN Charter and the circumstances of each case”[17]. Therefore, whereas Andler government is not only willing to carry out all the obligations of the Aprophe's legal government but also possesses the power to do so[18], exercises the authority within the country's territory and is sided with the most of the population, we believe that this government should be granted with the right to represent Aprophe in the International Court of Justice.

C) Green’s government in exile is illegal