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Henry Dunant Memorial Moot Competition - 2016

International Criminal Court


At
The Hague

1. The Prosecutor v. Brigadier Zachesu


2. The Prosecutor v. Brigadier Vasvodina

The Prosecutor v. Brigadier Zachesu


&
The Prosecutor v. Brigadier Vasvodina
____________________________________________________________________

Facts of the Case

Rodinga is a country that has a cherished history of unity in diversity. It has been the
cradle of many religions and philosophical thoughts. However, Rodinga was gradually
colonized by Suzophia during the 19th century. Colonial control by Suzophia became
explicit in 1880, when the Suzophian Parliament proclaimed its supreme legislative
and administrative power over Rodinga.

The Suzophian authorities divided Rodinga into five states for administrative ease.
The divisions were made based on the language and cultural characteristics of each
region. These states are Sinsalu in the north, Kambhatka in the east, Nilodonia in the
west, Radusaria in the south and Sanrolia in central Rodinga. The borders of Sanrolia
touched all the states of Rodinga. Tirsone a city situated in central Sanrolia, was
developed as a capital city by the colonial authorities due to its central location and
business and cultural activities.

As per the first census conducted by the Suzophian authorities in 1900, the population
of Rodinga consisted mostly of three religions: Radung - 45%, Niluk - 35%, and
Sanlum 15%. An additional five percent of the population consisted of tribal people
living in the deep forest areas of Rodinga. As per the states related data of this census,
the followers of the Radung religion were in majority in all states except Sinsalu and
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Kambhatka. The population of Sinsalu consisted of 50% Niluk, 20% Radung, 20%
Sanlum and 10% Tribals. However, the population of Kambhatka consisted of 40%
Niluk, 30% Sanlum, 20% Radung and 10% Tribals. These percentages are still valid
in respect of population of Rodinga and its states.

Rodinga declared its independence from Suzophia in July 1970. This independence
came after forty years of active struggle on the part of the people of Rodinga, under
the leadership of the Rodingan Nationalist Democratic Party (hereinafter RNDP).
Since the first war of independence of Rodinga in 1930, the Rodingan people had been
continuously and collectively fighting for their independence with peaceful means.
Although there were some instances of individualised violence, the overall freedom
struggle of Rodinga remained an impressive example of a peaceful struggle by the
masses to seek and achieve freedom.

The RNDP was formed immediately after Rodingans first war of independence and
was basically an umbrella political organization. Almost all the spectrums of religious
and social identities of Rodinga were part of the RNDP in their collective struggle for
independence. Since its inception, the RNDP had been a catalytic force for uniting
previously scattered groups fighting individually for independence.

The RNDP was created and stood united throughout the freedom struggle of Rodinga
under the leadership of Mr. Ragoba, a Radung by religion. Mr. Ragoba was a
charismatic political leader who preached for religious harmony, non-violence and
mutual co-existence. He was the central uniting force for the RNDP and his
unquestioned popularity in all sections of the people made him a natural leader of their

freedom struggle. Mr. Ragoba subsequently became the first Prime Minister of
Rodinga after its independence, and remained as such till his assassination in 1990.

The penultimate five years of Rodingas independence struggle were marred by


intermittent religious violence, mostly in Sinsalu and Kambhatka states, and open
rivalries along religious lines among some junior leaders of the RNDP, from these
regions. But the clout of Mr. Ragoba eclipsed all those differences and sailed
sufficiently well through those turbulent waves. Mr. Ragoba also accused the colonial
government of Suzophia for all the internal troubles. He released a statement, just after
becoming the Prime Minister, that Suzophia had deliberately instigated the violence
and mutual animosity among religious groups of these states in order to delay
Rodingas freedom and to hinder the development of independent Rodinga because
these states (Sinsalu and Kambhatka) were rich in mineral resources and also had
more than 75% of lush green forest cover of Rodinga.

Within a month of his appointment as Prime Minister, Mr. Ragoba formed a


Constituent Assembly of Rodinga to make a constitution for independent Rodinga.
From the leaders of the RNDP he handpicked the members of the Constituent
Assembly, ensuring fair representation from almost all regional and religious
communities. The Constituent Assembly took a mere six months to prepare the
constitution, however, there were some allegations that the Constituent Assembly
unquestionably followed the instructions of Mr. Ragoba. Mr. Ragoba, was in fact the
chairman of four committees of the Constituent Assembly. The most important of
these were the Committee on Fundamental Rights and the Committee on Emergency
Provisions. The other six committees were chaired by his close associates.

The Constitution of Rodinga declared that Rodinga would be a secular, democratic


and republic country. The Constitution did not change either the inner boundary of the
states or their names. Tirsone remained the capital of independent Rodinga. The
Constitution did not provide for State Governments, noting that states were only
maintained for administrative ease. All the executive powers of the Government were
concentrated in the office of the Prime Minister. The Constitution of Rodinga provides
many fundamental rights to its citizens. However, these fundamental rights may be
suspended during the state of emergency. The power to declare and withdraw
emergency rests in the office of the Prime Minister.

The first general election under the new Rodingan Constitution took place in February
1971. The RNDP under the leadership of Mr. Ragoba won the elections with an
impressive margin. Mr. Ragoba became the first democratically elected Prime
Minister of Rodinga. Successive elections in 1976 and 1981 also witnessed the victory
of the RNDP under Mr. Ragobas leadership. But the popularity of the RNDP and Mr.
Ragoba were continuously diminishing. The main opposition party, the Rodinga
Socialist Republican Party (hereinafter RSRP), was formed in 1971 by a small faction
of RNDP and was continuously gaining support from the masses of all states of
Rodinga. Mr. Sari Salania, a Radung by religion, was President of the RSRP.

The intense extraction of natural resources from the states of Sinsalu and Kambhatka
undertaken by Rodinga Government caused widespread health and environmental
problems in these two states. Nilodonia and Radusaria states had rich fertile lands with
limited forest pockets. Sanrolia was densely populated and heavily industrialized state.
Most of these industries were situated on the borders of Sanrolia, in order to gain easy

access to raw materials from other four states. Due to industrialization, Sanrolia was
more developed and prosperous in comparison to the other states of the country.

In June 1980, the local intellectuals of Sinsalu and Kambhatka jointly created a nonpolitical cultural group named the Enduring Federation: Our Right (hereinafter
EFOR). The EFOR involved an awareness generation about the plight of the States of
Sinsalu and Kambhatka. They also advocated for the right of the States to control their
natural resources. The workers of the EFOR came from all spectrums of the
population of Sinsalu and Kambhatka. Mr. Nasan Aldolo, a Niluk by religion was
elected as a leader of the EFOR by an internal ballot.

The EFOR in April 1985 called for a peaceful protest in Tirsone on 1 June 1985. Later
the RSRP supported this call and also decided to participate in the protest. Rodingas
Police disrupted this march to prevent the protestors from reaching the Prime
Ministers Office, where they wanted to hand over their list of demands. Mr. Nasan
Aldolo and Mr. Sari Salania, with 1000 of their supporters, were arrested and detained
on charges of disturbing public tranquility. Later the same month, the well reputed
news paper of Rodinga, The Morning published a full page cover story on the
corruption of the family members of Mr. Ragoba, providing a list of their properties
in, and outside, Rodinga. The Chief Editor of The Morning, Mr. Pinto Alberto
(Sanlum by religion) was thereafter arrested on defamation charges.

The general election held in May 1986, was critical for the RNDP and Mr. Ragoba.
There was speculation in the air that the RNDP would lose the election. There was
widespread violence during the election, which both the Rodinga Police and workers
of the RNDP were involved in. Surprisingly, the RNDP won the election with a slim
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majority, and Mr. Ragoba continued as Prime Minister. The international media
severely criticized the election as a mockery of democracy.

In September 1986, the members of the EFOR attacked and destroyed some
government properties and installations situated in the deep forests of Sinsalu and
Kambhatka. Similar kinds of attacks were also carried by members of the RSRP in
Nilodonia and Radusaria states. Fifty security personnel were died and hundreds were
reported missing in these sudden attacks by the EFOR and the RSRP members. The
government came down heavily on the members of the EFOR and the RSRP. By the
end of 1989, almost 5000 workers of the EFOR and the RSRP had been arrested on
various criminal charges and 115 workers of the EFOR and the RSRP were reported
dead.

In January 1990, large scale violence erupted in many parts of Sinsalu, Kambhatka,
Nilodonia and Radusaria, mainly targeting government property. The Government
deployed police and paramilitary forces to the affected sites. On 1 February 1990, Mr.
Ragoba was assassinated by a suicide bomber while addressing a public meeting in
Tirsone. No one claimed responsibility for this attack. Rodingas cabinet collectively
decided to declare Mr. Radula, son of the late Prime Minister Mr. Ragoba, Prime
Minister of Rodinga. On the very next day, he declared the state of emergency
extending to the whole of Rodinga. Both the EFOR and the RSRP were banned and all
elections were suspended.

The violent protests of January 1990 were brutally suppressed and more than 500
persons were reported to have been killed during this period. The Human Rights
Quest, a reputed International human rights NGO, criticized the intensity and severity
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of the use of force by the government forces. The brutality of government forces was
also telecast by the international media. Most of the workers of the EFOR and the
RSRP moved into dense areas of forest in Sinsalu and Kambhatka. With the passage
of time, they united themselves under the name of Army For Democracy
(Hereinafter AFD) and engaged in a sustained low scale violence against government
police and paramilitary forces. The Rodingan government banned the AFD and
declared it a terrorist organization in 1995. This low scale violence between the AFD
and the government forces continued for many years till the three sensational jail
breaks on 2 March 2011.

There were three sensational jail breaks on 2 March 2011 resulting in the escape of
Mr. Nasan Aldolo, Mr. Sari Salania and Mr. Pinto Alberto. These individuals went to
the forested areas of Sinsalu and subsequently were all declared joint Presidents of the
AFD. Through the internet, the AFD also declared its intention to fight for the
establishment of federal democracy in Rodinga and called on all democracy
supporters to join it. Within months, the membership of the AFD increased
exponentially. State units of the AFD were also formed in other states and these units
were actively engaged in broadening their support base in masses. The AFD
reestablished its operational branch under the leadership of Brigadier Vasvodina

First Series of Attack

In December 2011, the AFD launched a series of coordinated attacks against


government installations and buildings in the states of Sinsalu and Kambhatka. The
famous coal mines of Rasinia and Kaluma (both situated in the deep forests of
Sinsalu), and gold mines of Samchatka and Tikalu (both in the deep forests of
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Kambhatka) were captured by the fighters of the AFD. 50 personnel of Rodingan


paramilitary and almost 50 employees working in these mines were captured by the
AFD fighters.

The attempts of the international humanitarian agency, the IHEA (International


Humanitarian Enforcement Agency) to discover the fate of the captured civilians and
the paramilitary forces failed, as no communication links could be established
between the IHEA officials and the AFD.

Prime Minister Mr. Radula warned all the fighters and supporters of the AFD of
serious consequences. On 15 January 2012 a group of Rodingan armed forces attacked
a training camp of the AFD situated in Snowaliya village in Nilodonia state, killing 50
AFD fighters and 5 civilians. Rodingan Army claimed that the killed civilians were
active supporters and collaborators of the AFD activities. Similar kinds of events were
reported from other parts of the country except Sanrolia.

A Brigade of the Government Army, under the command of Brigadier Zachesu,


entered the forests of Sinsalu to liberate the coal mines of Rasinia and Kaluma. On
their way to the mines, they fought intense battles with the AFD fighters. When the
government forces reached the suburban town of Rukama, 50 kms away from Rasinia,
they had to face intense fighting from the AFD fighters. Rukama was a local business
center inhabited by almost equal numbers of followers of Radung and Niluk religions.
The AFD fighters kept government forces at bay for one week, during which time
Brigadier Zachesus forces incurred heavy losses. 50 armed personnel were lost by
Brigadier Zachesu during this week of intense fighting, without any substantial
achievement.
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The subordinates of Brigadier Zachesu dropped the pamphlets from helicopters on 15


April 2012 in Rukama containing instructions to all civilians to immediately leave
Rukama. Brigadier Zachesus forces started heavy shelling from tanks and also used
drones and fighter jets to attack positions of the AFD fighters on the night of 16 April
2012. This resulted in the widespread destruction of the civilian property and 100
civilians and 50 AFD fighters were killed on that night. On the next morning (17 April
2012), Brigadier Zachesu, with her forces, entered Rukama.

Brigadier Zachesus forces found more than 50 civilians hiding in natural caves. These
civilians were beaten and their bodies were subjected to many kinds of inhuman
physical invasions on their private organs. The wounded AFD fighters and civilians
were either murdered or left without any arrangement for medical care. The
Government claimed that when the forces entered Rukama, they found it deserted and
pleaded operational constraint to search for the missing civilians. Subsequently,
Brigadier Zachesu made Rukama a temporary base camp to conduct military
operations in Sinsalu and Kambhatka from.

The UN Secretary-General condemned the incidents of Rukama and urged the


Governement of Rodinga to prosecute the responsible persons. The Secretary-General
also requested both the parties to respect the human dignity of civilians and
combatants.

Second Series of Attacks

After the defeat at Rukama, the AFD sought active support from the country Zawalu the only country that shares a border with Sinsalu and Kambhatka states. On 1 May

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2012, Zawalu declared war against Rodinga, sighting its own humanitarian
commitment to protect the innocent civilians of Rodinga.

The Ambassador of Zawalu to the UN communicated this decision to the UN Security


Council. The Security Council could not agree on any resolution on peace
enforcement actions due to Suzophias veto.

However, the Security Council

Resolution 2050 of 2 May 2012 requested all the concerned parties to immediately
restore peace and also urged them to follow the principles of international law,
specifically the laws of war as prescribed in related conventions and customary laws.

The forces of Zawalu, under the leadership of Colonel M. Samwolia, entered Rodinga
on 1 May 2012 from the border state of Kambhatka and wiped out the government
forces within one week, with the active support of the AFD fighters. Though
Zawaluan forces were functioning under their own command, they were merely
assisting the AFD fighters in their mission and never undertook a fight on their own.
The administration of the whole of Kambhatka came under the control of the AFD
fighters. During this week, 20000 Rodinga soldiers surrendered and were thereafter
held as prisoners of war by the AFD.

Zawalu invited the IHEA officials to visit these prisoners. During the first meeting of
the AFD and the IHEA officials, Brigadier Vasvodina informed the IHEA that
captured employees of coal and gold mines and paramilitary forces had voluntarily
embraced the ideals for which the AFD was fighting and were out in Rodinga to
spread the AFD ideals.

Brigadier Vasvodina released a statement on 8 May 2012 that all the civilians of
Kambhatka should celebrate their independence from Mr. Radulas regime, and if
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anyone residing in Kambhatka had sympathy for Mr. Radula I will ensure his meeting
with him. On 9 May 2012, the AFD fighters killed 10 supporters of the RNDP when
they refused to say Long Live AFD. This incident took place in Kibati town of
Kambhatka state.

On 10 May 2012, the AFD and Zawaluan force started deploying its personnel at the
border of Rekht city, situated in Sanrolia and sharing borders with Kambhatka. Rekht
was a city of industries. These industries were situated on the banks of the river
Sanrole. This river was an important source of drinking water for the population of
Rekht and other cities downstream. Though these industries were closed for some time
due to a lack of raw materials, they were heavily guarded by Government forces in
order to protect them from falling into the hands of the adversary.

On 11 May 2012, the Government of Rodinga, declared its intention to provide


uninterrupted movement to Zawaluan forces and the AFD fighters inside Sanrolia
through Rekht, provided the AFD fighters and Zawaluan forces would not attack the
industrial installations of Rekht city. The Government of Rodinga indicated the
probable environmental catastrophe if fighting took place in Rekht. However,
Brigadier Vasvodina did not pay any heed to this and launched attack on Rekht city in
the early morning of 12 May 2012 and intense fighting took place for control over the
industries of Rekht city. Both sides used heavy arsenals in this fight.

This resulted into the leakage of Agent X and other dangerous chemicals into the
Sanrole river, from tanks of the fertilizer industry. The whole ecology of the river was
vitiated beyond human contemplation. The Sanrole river was full of dead aquatic
creatures. Its water colour was completely changed. All the water purification plants
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downstream had to be closed, and there resulted an acute water scarcity in Sanrolia.
This resulted in the death of 100 people, including children and the elderly. The
international environmental experts were of the view that the pollution caused due to
the leak of Agent X and other chemicals into the Sanrole river would take a
minimum of a decade to be wiped out completely from river cycle.

UN Resolution and Ceasefire

On 15 May 2012, Mr. Radula declared his intention to negotiate a ceasefire and
indicated his readiness to incorporate appropriate changes into the Constitution. He
also indicated his willingness to withdraw the state of emergency and to conduct
elections to ensure national unity and prosperity. He communicated this intention in a
personal letter addressed to the President of the UN Security Council.

The last hour high level negotiations at the Security Council resulted in the passage of
resolution 2061 on 15 May 2012 that appealed to all parties to the conflict to stop the
hostilities immediately. The resolution further urged the parties to the conflict to
resolve the issue amicably without any further hostilities and requested the UN
Secretary General to appoint a Special Representative to help the parties to find an
amicable solution. The UN Peacekeeping forces were also deployed in Rodinga to
keep peace and security.

A tripartite ceasefire agreement brokered by the UN Special Representative was


signed on 25 May 2012 by representatives of Rodinga, Zawalu and the AFD. As per
the agreement, Zawaluan forces was to withdraw from Rodinga, the Constitution of
Rodinga was to be amended to accommodate the demands of the AFD, the state of
emergency was to be withdrawn and elections were to be conducted as per the
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amended constitution. Moreover, all political prisoners were to be released and the
AFD had to surrender its arsenal. The agreement also stated that the International
Criminal Court would investigate allegations of violations of international law
committed during the past conflict.

On 23 May 2012, the members of the UN Peacekeeping forces discovered mass


graves of almost 450 persons in Rukama. The forensic report prepared by the medical
team of the UN Peacekeepers indicated that almost 40 bodies were subjected to brutal
physical invasions on their private organs before their death and almost 250 bodies
had the marks of bullets on their skull with other injuries. The report stated that other
persons died in heavy explosions and asphyxiation was also the reason for some
deaths.

Both countries Rodinga and Zawalu are members of the United Nations. Both States
are parties to the four Geneva Conventions and two additional Protocols of 1977 to the
Geneva Conventions of 1949. Both states are parties to the ICC statute and have also
signed all the important IHL Conventions. Zawalu is also a party to the International
Covenant on Civil and Political Rights.

Considering the gravity of the whole situation, the Prosecutor of the ICC decided to
bring the following two cases:

1. The Prosecutor v. Brigadier Zachesu, ICC

2. The Prosecutor v. Brigadier Vasvodina, ICC

Charges against Brigadier Zachesu

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Brigadier Zachesu is charged with the following:

1. Crimes against humanity, for killing of civilians on the night of 16 April 2012 at
Rukama, under article 7 (1) (a) of the Rome Statute.

2. War Crimes, for killing of the AFD fighters and civilians at Rukama on 17 April
2012, under article 8 (2) (c) (i) of the Rome Statute.

Charges against Brigadier Vasvodina

Brigadier Vasvodina is charged with the following:

1. Crimes against humanity, for enforced disappearance of captured mines employees


and Rodingan paramilitary forces during December 2011 strike, under article 7(1) (i)
of the Rome Statute.

2. War Crimes, for launching attacks on industries in Rekht city that resulted in
widespread, long-term and severe damage to the natural environment, under article 8
(2) (b) (iv) of the Rome Statute.

The Court has decided to hear the matters simultaneously. The Counsel are required to
submit their written memorials and present their oral arguments separately for the two
cases as per the charges fixed by the Prosecutor against each individual. Counsel is
required to present arguments separately and simultaneously during the trial process.

Note: The Counsels do not have freedom to choose the case; they are required to
argue both cases.

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Other Issues Relevant to the Case

1. The matter is to be argued before the trial chamber of the International Criminal
Court. Questions relating to jurisdiction shall not be raised.

2. Written and Oral arguments on behalf of the Prosecution and Defence are to be
confined to the charges mentioned in each case.

3. Both Prosecution and Defence Counsel are to make argument with respect to the
applicability of the charges provided in the Elements of Crimes

4. Counsels are expected to bring to the Courts attention relevant jurisprudence and
other documents. It may include judgments and opinions delivered by International
Courts and various International Criminal Tribunals.

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