Asia-Pacific Moot Court Rounds 2012

PROSECUTOR vs. COLONEL CALLEY JONES

before the International Criminal Court at The Hague

INSTRUCTIONS

1. This is the final stage of a trial before a Trial Chamber of the International Criminal Court
(“ICC”). The Presiding Judge has declared that the submission of the evidence is closed,
and the parties are now to make their closing statements in accordance with Rule 141 of
the Rules of Procedure and Evidence of the ICC.

2. The case is entirely fictional. Teams should confine themselves to the facts supplied.
Neither the Prosecution nor the Defence may introduce new facts. The Moot Problem
includes all the facts supported by the evidence that has been presented before the
Court. Teams may nonetheless draw reasonable inferences from the evidence produced.
They may also question the credibility or weight of the evidence.

3. Teams should not hand anything to judges unless asked to by a judge.

4. The problem is not intended to raise questions of procedure before the ICC. Procedural
questions should be ignored.

5. The problem is not intended to raise questions relating to the jurisdiction of the ICC. The
jurisdiction of the ICC should be assumed. Although issues of admissibility are not
normally dealt with in ICC proceedings in closing statements at the end of a trial, counsel
may in this instance address issues regarding the admissibility of the case under article
17 of the Statute of the ICC (“Statute”) if relevant.

6. Applicable law: In accordance with Article 21 of the ICC Statute, the Court shall apply

(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and
Evidence;

(b) In the second place, where appropriate, applicable treaties and the principles and
rules of international law, including the established principles of the international law
of armed conflict;

(c) Failing that, general principles of law derived by the Court from national laws of
legal systems of the world including, as appropriate, the national laws of States that
would normally exercise jurisdiction over the crime, provided that those principles are
not inconsistent with this Statute and with international law and internationally
recognized norms and standards.

The Court may apply principles and the rules of law as interpreted in its previous
decisions.

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BACKGROUND

1. The Federal Republic of Bariland (FRB) has a population of over 90 000 000 inhabitants.
It is composed of 4 constituent republics: North Baron, South Baron, East Drakonia
and Katoland. Its capital and largest city is Centro which is situated in North Baron, the
most populous republic with 55 000 000 inhabitants.

2. The population of the FRB is mainly divided among three ethnic groups: the Bari, the
Drak and the Katoni. The Federal Republic was founded on the basis of the historical
alliance between the Bari and the Drak peoples. Katoland was conquered and forcefully
integrated into the Federal Republic in the XIXth Century (mainly because of its access to
the sea).

3. The Bari people mostly live in the North and Northeast, while the Drak people live in the
Southwest. The Katoni people are concentrated in the Western region of Bariland:
 North and South Baron: Bari (75%) – Drak (20%) – others (5%)
 Katoland: Katoni (65%) – Drak (25%) – Bari (5%) – others (5%)
 East Drakonia: Drak (85%) – Bari (10%) – Katoni (2%) – others (3%)

4. East Drakonia (10 000 000 inhabitants) is the poorest republic with an average of $10
000 GDP per capita compared with $25 000 GDP per capita nationwide. Its capital city is
Drakka. Katoland is the second largest constituent republic (15 000 000 inhabitants). Its
capital city is Urbo. Katoland has enjoyed a high rate of growth since the beginning of the
1990’s with the exploitation of its large reserve of natural resources, in particular natural
gas.

5. The Drak population of Katoland is mostly concentrated in the eastern part of the
Republic in a region called West Drakonia. Its main city, Mesto, lies a few kilometres
from the FRB (East Drakonia) border. The region has an autonomous status within the
Republic of Katoland, essentially the power to manage its local affairs through a “regional
council” whose members are appointed by the Katoland government. The main pipeline
bringing Katoland’s natural gas to the Southern Sea goes through West Drakonia.

6. Tensions in Katoland began to mount amid rising nationalism among both the Katoni and
the Drak populations in the late 1990’s. The Katoni had never felt comfortable within the
Federation and, along with their growing affluence, were more and more inclined to reject
the powers of the Federal Government. In 1998, Katoland’s elections brought to power a
nationalist government openly seeking Katoland’s independence.

7. The Drakonian Nationalist Alliance (DNA) was created in 1995 and became an influential
political movement in West Drakonia, surfing on rising Drak nationalism agitated in
response to Katoni demands of independence. Its main demands were that West
Drakonia be granted the status of an "autonomous republic" within Katoland and, that
members of the regional council be elected. The DNA was also strongly opposed to
Katoland’s move for independence which would further marginalize the Drak population
within Katoland.

8. In early 2001, the Katoland government established Kato as the principal language of
Katoland countrywide. It also adopted a law barring the creation of regional political
parties. This was interpreted by Drak people as a move against the popular leader of the
DNA. The nationalist measures taken by the Katoland Government had for principal
effect to radicalize DNA members who started to promote the idea of West Drakonia
joining East Drakonia within the FRB. On 20 March 2001, the DNA issued a proclamation
establishing the “Drakonian Democratic Republic” (DDR). The Drak population boycotted

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 subsequent 2002 Katoland parliamentary elections and the DNA organized their own
contest in December 2002. The Katoland government declared these elections
illegitimate.

9. Violent conflict broke out towards the beginning of 2003. FRB and Katoland security
troops were dispatched to West Drakonia in February. The fighting was characterised by
general disregard for international humanitarian law by uncontrollable militias, with both
sides reporting atrocities. During the war, many Drak villages were attacked and burned,
as were Katoni houses and schools in Mesto, As a result, approximately 1,000 died and
about 100,000 ethnic Drak fled the territory and Katoland proper, mostly crossing the
border into East Drakonia. A further 23,000 ethnic Katoni fled West Drakonia and settled
in other parts of Katoland.

10. Meanwhile, negotiations between Centro and Urbo led to an agreement to hold a
referendum on the future status of Katoland within the Federation. The Katoni population
voted massively in favour of independence, while the Drak mostly voted for Katoland to
remain within the Federation. Katoland declared its independence in April 2004 and
became an independent republic under the interim leadership of President Stark, leader
of the Katoland National Party (KNP) which had led the pro-independence campaign.
Katoland was admitted in the United Nations in July 2005.

11. The main opposition party was the Republican National Front (RNF). The party at first
led the campaign opposing Katoland’s independence. Following the declaration of
independence, it shifted its main objective to the establishment of an independent state of
West Drakonia and allied itself with the more radical DNA. A large rally was held in Mesto
attended by thousands of supporters. In his speech, the RNF leader criticised the FRB
President and its government for agreeing to the terms of the agreement which lead to
Katoland’s independence. Similar rallies were held in other cities in West Drakonia
resulting in widespread demonstration and riots.

12. Due to the increasingly violent and volatile situation in West Drakonia, President Stark
declared a state of emergency throughout the country on June 1st, 2004. The Katoland
government launched a nationwide crackdown on RNF and DNA supporters. Hundreds
of supporters in Mesto and other cities were arrested and detained by security forces. On
July 15th, President Stark issued a presidential decree outlawing the DNA on the ground
that it constituted a threat to Katoland's national security.

13. In September, violent clashes broke out between Drak and Katoni in Mesto and in Mari,
an eastern town of West Drakonia with a large Katoni population. The clashes turn
increasingly violent and bloody. It was reported that the Katoni population was attacked
by Drak militiamen. Schools, businesses and shops in the Katoni populated areas in
Mesto were burned down and looted by Drak demonstrators and DNA supporters. The
violence subsequently spread to Mari and other cities in the eastern part of West
Drakonia where it was reported that Katoni militiamen attacked Drak people in retaliation
for the attacks in Mesto. In Katoland proper, Drak people also felt increasingly
threatened. Media reports stated that the death toll could be in the thousands for both
sides.

14. The increasing violence in West Drakonia continued for the next 6 months and drew
widespread condemnation from the international community. The UN Security Council
convened an emergency meeting in February 2005 at the request of FRB and issued a
statement condemning the on-going violence in West Drakonia and urged the Katoland
government to stop the violence and killings.

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15. Katoland finally accepted a ceasefire to avoid a large scale confrontation with the FRB. It
paved the way to its admission in the United Nations in July 2005. The government of
Katoland and Drakonian nationalists reached an agreement where they would avoid use
of force against one another, and Katoland pledged not to impose sanctions against
Drakonia. However, the Katoland government still retained control over substantial
portions of West Drakonia. The war resulted in West Drakonia breaking away from
Katoland and gaining de facto independence. No State has however recognized Western
Drakonia as an independent state.

16. From then until mid-2010 West Drakonia was generally peaceful. Economic and military
ties with the FRB, in particular East Drakonia were strengthened. Dissident Katoland
Armed Forces were re-incorporated into “Drakonian Armed Forces (DAF)” which were
trained by officers of the Bariland Armed Forces (BAF). With FRB’s government backing
and financial guaranties, defence capability was reinforced with the purchase of new
military equipment. The Katoland government protested regularly against the continually
increasing FRB economic and military presence in the Mesto region and against the acts
of uncontrolled Drak militias in the region.

17. In 2009-2010, tensions began to rise again. The de facto republic held an independence
referendum on 12 November 2009. According to the local election authorities, the
referendum turned out a majority for independence from Katoland where 80% of Drak
voters supported independence. The referendum was monitored by a team of
international observers. However, it was not recognized by the United Nations, given the
lack of ethnic Katoni participation and the doubtful legality of such a referendum without
the Katoland government’s approbation. The West Drakonian authorities were also
claiming additional compensation for the use of the gas pipeline going through West
Drakonia and of the port facilities.

18. The Katoland government was also alarmed by reports that the FRB was strengthening
its military presence in East Drakonia, in particular by increasing its troops in Bargo
situated a few kilometers from the East Drakonia/Katoland (West Drakonia) border. On
December 25th, the websites for Katoland National News Agency (KNA) and Radio (KNR)
were hacked. The KNAR websites kept their headers and logos, but their contents were
replaced by a feed to the East Drakonia TV website. East Drakonia TV denied any
involvement in the hacking of the websites. Other attacks involving denials of service
caused the Parliament of Katoland and Katoland Ministry of Foreign Affairs websites to
shut down. Several experts claimed that the attacks, if not carried out directly, were most
probably sponsored by the FRB Ministry of Interior.

19. To face the perceived threats to Katoland security, the Katoland President established
the “National Crisis Council” (NCC) on 15th January. He appointed Colonel C. Jones,
Minister of Defence and Chief of the Armed Forces as Executive Vice-Chairman of the
Council. On the latter recommendation, the Minister of Internal Affairs, the Head of the
External Security Agency (KESA) and a Special Presidential Adviser (Economic affairs)
were appointed as members. The President assumed the NCC chairmanship. The NCC
also appointed a spokesperson.

20. Colonel Jones had been advocating for months that control over West Drakonia was to
be re-established at all costs to ensure Katoland’s security and check FRB’s growing
influence. The first meetings of the NCC led by Colonel Jones were devoted to assessing
the current situation and devising a proper strategy to bring West Drakonia back under
the full authority of the Katoland government. The Council decided on three points of
action: 1) to re-establish the legitimacy of Katoland sovereignty over West Drakonia; 2) to
reinforce its military and security apparatus; 3) to diminish the influence of the FRB in
West Drakonia. Colonel Jones was tasked to direct the preparations to be able to

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 assume full authority over West Drakonia by military means if necessary. The Head of
KESA was charged in particular to seek the reinforcement of cyber-security within
government agencies, as well as to seek means of retaliation for the recent cyber-attacks.

21. The NCC decided to establish an alternative pro-Katoland government in Mari. In April
2010, the Katoland government created the Provisional Administrative Entity of West
Drakonia (PAWD) staffed by ethnic Katoni and some Drak opposed to the Western
Drakonian authorities in Mesto. It was intended that this provisional administration would
negotiate with central Katoland authorities regarding the final status of West Drakonia.
On May 10th, 2010, the President of Katoland appointed as the Head of West Drakonia
Provisional Administrative Entity the former President of Katoland who still had some
prestige with the local population. The NCC also decided to send security forces to close
down a vast black market complex, which was one of the region's chief sources of
revenue, leading to fighting by Katoland armed and security forces and Drakonian civilian
militias. Hostage takings, shootouts and occasional bombings left dozens dead and
wounded.

22. On August 1st, police officers investigated a bomb attack in a local police station in Urbo
which had injured a score of bystanders. The Katoland Ministry of Internal Affairs
announced that 3 police officers had been injured in the attack by two remote control
explosive devices. No one formally claimed responsibility for the attack. The Chief of
police declared that everything would be done to ensure that those “terrorists” would be
found and tried. The investigation finally determined that the two men responsible were
associated with the DNA according to police files. The two men were not found and it
could not be surely determined whether the DNA was behind the attack. At least one
suspect was thought to have fled to Mesto and then to have crossed the border to East
Drakonia. An international arrest warrant was issued.

23. In the wake of the attack, the Katoland government intensified its public nationalist
campaign against both West Drakonian authorities – for their responsibility in the alleged
attacks by Drak militias on the Katoni population in West Drakonia – and the FRB
government, claiming that it sought to take over West Drakonia by reviving the Bari-Drak
alliance against the Katoni people. The terrorist attack generally was blamed on the DNA.
A press release from the Ministry of Internal Affairs accused the FRB of protecting
terrorists and demanded that they be surrendered to the Katoland authorities immediately.

24. Sporadic fighting occurred the following weeks in and around Mari, there were further
shootouts with both sides claiming having been fired upon by the other. The Katoland
Ministry of Internal Affairs and Defence intervened by sending some units of security and
armed forces. The Katoland Ministry of Defence later acknowledged it had lost an
armoured personnel carrier during the clashes. Authorities in Mesto said that Katoland
had shelled West Drakonian villages, killing ten people. The Katoland Ministry of Defence
claimed that Katoland forces had returned fire only after Drakonian positions shelled
Katoland-controlled villages injuring six civilians and one Katoland policeman. He
accused the West Drakonian side of "trying to create an illusion of serious escalation, an
illusion of war." In a live televised address, President declared "A sniper war is ongoing
against residents of the villages [in the West Drakonia conflict zone] and as I speak now
intensive fire is ongoing from artillery, from tanks, from self-propelled artillery systems –
which have been brought in the conflict zone illegally – and from other types of weaponry,
including from mortars and grenade launchers. I have asked the Chief of the Armed
forces to mobilize all the necessary resources to re-establish public order in West
Drakonia and put an end to this anarchical situation."

25. In September 2010, the NCC endorsed Colonel Jones’s proposal to put Western
Drakonia under full military authority. Colonel Jones reassured the Council that "all

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 necessary measures including any legitimate means and methods of warfare whatever
the costs” would be taken to achieve the objective of re-establishing authority over
Western Drakonia. He indicated that he would personally supervise the operations but
would welcome the assistance of the security forces under the authority of the Ministry of
Internal Affairs and KESA. Major Dan Anderson and Mr John Dees were appointed as
liaison officers for the KAF and KESA, respectively. The NCC made a public statement to
the effect that the 2004 Emergency Proclamation was still in force and that all necessary
means would be taken to re-establish public order and protect the security of all citizens
of Katoland.

26. By the end of September 2010, the main towns and villages of West Drakonia were
combed by armed and security forces. Those suspected to be either associated with or
supporters of the DNA militias were arrested and kept in custody. In the town of Argus
(30,000 inhabitants) alone more than 800 persons were arrested and detained under the
Emergency Powers Ordinance.

27. Three women detained at the time have claimed that, during their detention, male guards
subjected them to a body search, touched them inappropriately, and threatened to strip
them naked. They further claimed that they had been detained in an underground cell in
a detention facility staffed entirely by men. According to them, the facility housed persons
detained on criminal charges as well as those under administrative arrest. Among other
things, they also claimed that: they were only fed twice a day; the heating system was
turned off, despite almost freezing temperatures at night; there was inadequate light and
ventilation; other prisoners and male staff could watch them use the toilet; and, they were
frequently subjected to humiliating comments.

28. As a KAF unit was approaching a town named Corti, it came under heavy fire and
shelling. The unit returned fire from tanks and artillery units. The fighting intensified in the
next days and eventually the KAF unit with the assistance of KESA forces managed to
take full control of Corti and nearby villages after ten days. It was reported that more than
200 civilians were killed or injured during the offensive. Official statements by both
Colonel Jones and the KAF stated that some of the reported casualties were members of
dissident armed forces and DNA militias’ members who had taken up arms. Important
caches of weapons were discovered by KAF in some of the apartments and buildings in
Corti, which prompted the arrest for interrogation of a large number of persons.

29. Upon the taking of the town, able–bodied men and women of Drak ethnicity were
routinely rounded up, interrogated and interned in the prison and in a school transformed
into temporary detention facilities. Within a few days, more than 2000 persons whom the
KAF or KESA believe to have some association with or to be otherwise supporters of the
DNA militias were detained. Many of the former detainees gave evidence of severe
overcrowding. The detention facilities were directly under the authority of the KAF but
operated by KESA officers who were in charge of interrogating suspects.

30. Mistreatment of detainees was later reported in newspapers and the media following the
release of a report by Women's Rights Watch (a local NGO) of October 2010.The report
highlighted various testimonies about the mistreatment of detainees in Argus and Corti,
including the testimonies of the three victims mentioned above. Several States called on
Katoland to ensure that all precautions were taken to ensure that innocent civilians were
spared and that those suspected of unlawful acts benefitted from all the guarantees
afforded by international human rights and humanitarian law.

31. When interviewed, the NCC spokesperson declared that all measures were taken to
ensure that persons detained would receive a fair treatment, as much as it was possible
under the circumstances. The NCC did not condone wilful ill-treatment. Allegations of

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 such treatment would be investigated in due time. However, given the multiple threats to
national security, immediate measures were required. The authorities were taking all
necessary steps to ensure adequate conditions of detention would be provided as soon
as circumstances and security concerns allow.

32. In addition to the prison and the school known to be places of detention, several
locations, including warehouses, abandoned buildings and underground storage areas
were used as make-shift detention centres. An NGO reported that torture was prevalent
in those places operated by KESA where victims were interrogated before being sent to
the known places of detention. A victim testified he was subjected to severe beatings
during his interrogation at one of those unidentified location before being transferred to
the prison facility.

33. As the KAF were closing down on the town, incidents involving the use of ambulances
and small trucks by militia members trying to leave the town were reported to the central
command. Some ambulances, displaying makeshift red cross emblems, were found to be
transporting armed men and ammunition. In one instance, firing came from an
ambulance trying to bypass a control post and two soldiers were killed.

34. The central command issued a new instruction providing:

 All medical vehicles going through control posts, whatever the service they
belong to, have to be thoroughly searched;
 The identity of any persons present in medical vehicles, including drivers and
medical personnel, have to be verified with the central command;
 If a person on board a vehicle is identified as a member of enemy forces, a
separatist militant or if weapons are found on board the vehicle, all persons on
board are to be surrendered to the nearest military post;
 Any vehicle found to be transporting weapons or ammunition is to be
confiscated.

35. The implementation of the new instruction led to the death of several persons in need of
immediate medical attention. At some control posts, vehicles transporting wounded were
systematically stopped and searched. Identity checks delayed controls as well, so that
vehicles were immobilized for several hours. The media reported that on October 2nd
alone, 5 persons died in the vehicle transporting them. Others reported that there were
no emergency vehicles available that could pick up and transport the wounded as many
were immobilized, while others were confiscated.

36. Two victims have testified that members of their family gravely wounded by shrapnel
were arrested at a control post and prevented from reaching the hospital. They were sent
to the prison facility for interrogation without receiving the medical attention they required.
They denied that their relatives were active militants although they acknowledged that
they had been DNA sympathizers. They died while detained at the prison facility.
Autopsies carried out at the request of the families confirmed that their death resulted
from the lack of medical attention.

37. Katoland authorities continued to press FRB authorities for the surrender of the alleged
authors of the August 1st bombing in Urbo. Both in Mesto and in Centro, authorities
continued to deny that they had any knowledge of the suspects’ whereabouts. On the
internal front, support for the government actions in West Drakonia was decreasing
among the Katoland population and both the President and Colonel Jones felt that control
over the whole region of West Drakonia, including Mesto, had to be rapidly established in
order to maintain popular support for the President and his government.

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38. In December 2010, Katoland forces strategically stationed tanks and long-range artillery
in the hills overlooking the Mesto river. The city of Mesto is situated on an island in the
middle of the Mesto River. Two bridges (east) and an underwater tunnel (west) give
access to the city. The KAF took position in order to control all access roads and bridges
to the city.

39. Mesto’s electric power is supplied by a large power station that lies across the border in
East Drakonia, a remnant of the power production and distribution before the
independence of Katoland. The Bargo station supplies electricity to the towns and
villages in East Drakonia – including the FRB military base in Bargo, as well as Mesto
and its surroundings. There is an airfield adjoining the military base (which is used for
both military and civilian purposes). An estimated 8,000 troops are stationed. The military
base is located 10 km away from the border. The station provides power for an area
straddling East and West Drakonia comprising more than 150 000 households.

40. On December 5th, it was reported that the power plant's computer network system was
attacked which resulted the complete shutdown of the station which resulted in massive
disruptions of power supply in the affected areas. The damage caused by the virus and
the sudden shutdown was extensive. It took six weeks to re-establish the power grid. The
source of the virus was not identified nor the way it was introduced into the electronic
system of the station which was well protected.

41. Although the Bargo military base’s had independent sources of power, the installations
were partly crippled, in particular the airfield control system.

42. The shutdown of the station severely affected the electricity and water supply of Mesto
and its surroundings, as well as the residential areas in East Drakonia. In Mesto, only a
few buildings within the city had emergency power generators – including the general
hospitals and some schools which were used as shelter. Given the harsh climatic
conditions at that time of the year, it is reported that the situation resulted in nearly 500
hundred civilian deaths. Attacks on West Drakonian, East Drakonian and FRB
governmental, commercial and banking websites were also reported, causing disruptions
to essential public services.

43. Experts and commentators pointed out concordant bits of evidence and information that
sustain widespread beliefs that the NCC was behind the cyber-attacks. It was seen as
retaliation to the earlier attacks against Katoland’s network in December 2009. The
coordination of the attacks, as well as their timing – just a few days after the offensive on
Mesto had started – were seen as evidence that the Katoland Council had either
contracted out some organization to carry the cyber-attacks or had provided information
to existing networks in order to enable the coordination of the cyber-attacks. Some also
alleged that the Head of KESA had close ties with organized crime syndicates
specialising on electronic fraud. Moreover, allegations of illegal contributions to the
campaign fund of President Stark by some individuals closely associated with organized
crime had been reported from time to time since the President’s elections. The
Presidential office had strongly refuted such allegations. However, no public investigation
had taken place.

44. On December 6th, the FRB President declared publicly that the attacks on the power
station amounted to an "act of war". The FRB government claimed that the Katoland
government was responsible for the attacks and indicated that it would take all necessary
measures to ensure the protection of its population. On the following day, it referred the
situation to the International Criminal Court under Article 14 of the ICC Statute.

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45. When asked in a TV/media interview about the cyber-attacks on the Bargo power station,
Colonel Jones stated he had no knowledge of any involvement by the KAF or any other
Katoland government’s agency in planning or carrying out such attacks.

46. On December 24th, the FRB carried out air strikes on KAF positions around Mesto. The
following days, land forces crossed the border and made their way to Mesto without
meeting any resistance. The FRB announced that it would occupy the area until Katoland
paid reparations for the damage that resulted from its unlawful attack on the FRB public
utility.

47. National and international reports on the consequences of the shutdown of the power
station brought popular support of the Katoland Presidency to an all times low. More and
more voices were raised asking for the resignation of the President and its government,
amid renewed allegations of government’s officials links with organized crime and illegal
campaign funding. Facing the prospect of impeachment, the President resigned on
January 15th. As provided in the Katoland Constitution, the Vice-President, assuming the
presidential function, dissolved the current government and appointed a new interim
Prime Minister. The new cabinet composed of representatives from opposition parties
and new political figures, also included representatives from West Drakonia.

48. On June 15th, Colonel Jones was indicted by the prosecutor of the ICC. The new
Katoland government surrendered Colonel Jones to Court in the following weeks after the
fulfilment of the national surrender procedural requirements. The Director of Prosecutions
of Katoland notified the Court that Katoland relinquished its jurisdiction over the case as
allowed under the national ICC Act.

CHARGES

Colonel Calley Jones is being tried by the ICC on the following charges.

Count 1. In respect of the treatment of detained persons in the towns of Argus and Corti in
September 2010 and in the following months:

on the basis of superior responsibility (Article 28(a) of the Statute)

(a) the war crime of violence to life and person, in particular cruel treatment and torture
(article 8(2)(c)(i) of the ICC Statute), alternatively

(b) the war of committing outrages upon personal dignity, in particular humiliating and
degrading treatment (article 8(2)(c)(ii) of the ICC Statute).

Count 2. In respect of denying access to medical treatment and the confiscation of medical
vehicles in the town of Corti in September 2010:

On the basis of ordering, soliciting or inducing the commission of such a crime (Article 25(3)
(b) of the ICC Statute)

(a) the war crime of intentionally directing attacks against buildings, material, medical
units and transport, and personnel using the distinctive emblems of the Geneva Conventions
in conformity with international law (article 8(2)(e)(ii) of the ICC Statute), alternatively

(b) the war of committing outrages upon personal dignity, in particular humiliating and
degrading treatment (article 8(2)(c)(ii) of the ICC Statute).

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Count 3. In respect of the cyber-attack on the power station in Bargo in December 2010:

On the basis of contributing to the commission of such a crime by a group of persons acting
with a common purpose (Article 25 (3) (d) of the ICC Statute)

(a) the war crime of intentionally launching an attack in the knowledge that such attack
will cause incidental loss of life or injury to civilians or damage to civilian objects which would
be clearly excessive in relation to the concrete and direct overall military advantage
anticipated (article 8(2)(b)(iv) of the ICC Statute), alternatively

(b) the war crime of intentionally directing attacks against the civilian population as such
or against individual civilians not taking direct part in hostilities (article 8(2)(e)(i) of the ICC
Statute).

NOTE

The Federal Republic of Bariland is a party to:

- Four Geneva Conventions of 1949 (ratified on 12th July 1960)

- Additional Protocols I and II of 1977 (ratified on 5th December 1985)
- Additional Protocol III (ratified on 15th May 2011)
- Statute of the International Criminal Court (ratified on 1 st May 2009)
-

Katoland is a party to:

- Four Geneva Conventions of 1949 (acceded on 15th August 2005)

- Additional Protocols I and II of 1977 (acceded on 3rd September 2010)
- Statute of the International Criminal Court (acceded on 15th January 2009)

PREPARATION OF THE BRIEF

In preparing the brief, the counsels for both Prosecution and Defence are expected to
establish the following points:

- The type (s) of armed conflict or other situation of violence and the law that is
applicable to the present case;

- The elements of crimes for each of the 3 counts against Colonel Calley Jones that
have to be established by the Prosecution for the suspect to be convicted and the
burden of proof;

- Applicable law and policy and supporting authorities.

Written and oral arguments on behalf of the Prosecution and Defence are to be confined to
these THREE (3) counts only. For the purpose of the written memorials, the Prosecutor and
the Defence may choose ONE of the alternative charges under each count.

Questions relating to jurisdiction of the ICC need not be raised unless they are linked to the
substance or the merits of the case.

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