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Since the attack was directed against a civilian population [A] in pursuance or furtherance of a
an organizational policy [B], which was widespread and systematic in nature [C], the
The disappearance and killing of people belonging to the Kumi sect was an attack[1] which
The term attack according to the statute need not involve the use of armed forces, 1 the
Elements Of Crime clarifies that attack does not necessarily equate with a Milatary attack.
The commission of the acts referred to in article 7(1) of the Statute constitute the "attack" itself
and, besides the commission of the acts, no additional requirement for the existence of an
The disappearance and killing of people belonging to the Kumi sect was an attack as it
involved multiple prohibited acts of which the acts of the accused formed a part. 3 The death
and disappearance of Kumi people between the dates 8th July 2016 and 15th July 2016
constitutes a series of attacks of collective nature, who were specifically selected because they
1
Prosecutor v. Jean-Pierre Bemba Gambo, Case No. ICC-01/05-01/08, Decision pursuant to
Art. 61(7)(a) and (b) of the Rome Statute, 415-6 (June 15, 2009).
2
As seen in ICTR, The Prosecutor v Akayesu, Case No. ICTR-96-4-T, "Judgment", 2
September 1998, para. 581.
3
Rome Statute, Art. 7(2)(a); Prosecutor v. Tadi, Case No. IT-94-1-T, Opinion and Judgement,
644 (Intl Crim. Trib. for the Former Yugoslavia May 7, 1997) (Tadi Trial); Prosecutor
v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgment, 205 (Sept. 2, 1998) (Akayesu
Trial).
were travelling on foot towards Kimochi-Toramis to highlight their grievances and to generate
Pursuant to Article 7(1) of the Statute the attack must be "directed against any civilian
population". The potential civilian victims of a crime under Article 7 of the Statute can be of
any nationality or ethnicity, or they may possess other distinguishing features.4 The statute does
not require to be proved that the entire population of the area in question was targeted,5 the
only requirement is that the attacks must not be directed against random individuals,6 however,
the expression directed against specifies that the civilian population must be the primary
object of the attack.7 The phrase civilian population includes persons who take no direct or
active part in hostilities, as opposed to members of armed forces and other legitimate
combatants .8 The prosecution humbly submits that the death and disappearance of Kumi
people between the dates 8th July 2016 and 15th July 2016 constitutes a series of attacks of
collective nature against civilian population of the country of Softland, who were specifically
selected because they were travelling on foot towards Kimochi-Toramis to highlight their
grievances and to generate support from other ethnic groups. The civilians which were attacked
were not part of any armed force nor were an active party of any hostility, these civilians were
4
Situation in the Cote D Ivorie, (ICC, ICC-02/11, Pre-Trial Chamber III, 3 October 2011),
33. [Situation in the Cote D Ivorie]
5
ICC-Ol/05-01/08-424, paragraph 76. Pre-Trial Chamber II, referred in this paragraph to Pre-
Trial Chamber I, Case of the Prosecutor v. Katanga and Ngudjolo Chui, Decision on the
confirmation of charges, ICC-01/04-01/07-717, paragraph 399.
6
Situation in the Cote D Ivorie, 32.
7
Prosecutor v. Callixte Mbarushimana, (ICC, ICC-01/04-01/10, Pre-Trial Chamber-I, 16
December 2011), 21; Also See: Bemba Pre-Trial, 76.
8
Bemba Pre-Trial, 78; Also See: Prosecutor v. Dario Kordic, (ICTY, IT-95-14/2, Appeals
Chamber, 17 December, 2004), 180 [Kordic Appeal].
peacefully travelling on foot towards Kimochi-Toramis to highlight their grievances and to