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THE CONTEXTUAL ELEMENT FOR CRIME AGAINST HUMANITY UNDER

ARTICLE 7 HAVE BEEN FULFILLED

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

contextual elements under Article 7 of the Statute have been met.

A. THERE WAS AN ATTACK WHICH WAS DIRECTED AGAINST CIVILIAN POPULATION

The disappearance and killing of people belonging to the Kumi sect was an attack[1] which

was directed against the civilian population[2].

1. THERE WAS AN ATTACK

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

"attack" should be proven.2

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

support from other ethnic groups.

2. THE ATTACK WAS DIRECTED AGAINST CIVILIAN POPULATION

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

generate support from other ethnic groups.

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