Professional Documents
Culture Documents
TEAM-12
PROSECUTION MEMORIAL
PROSECUTOR
vs
TONY GUSMAN
Team 12
TABLE OF CONTENTS
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TABLE OF ABBREVIATIONS - - - - - - - 3
INDEX OF AUTHORITIES - - - - - - - 4
STATEMENT OF FACTS - - - - - - - 5
SUMMARY PLEADINGS - - - - - - - 9
PLEADINGS - - - - - - - 10
III-WAR CRIME - - - - - - - 13
i. GUSMAN IS INDIVIDUALLY CRIMINALLY LIABLE FOR USING
STARVATION AS A METHOD OF WARFARE AGAINST CIVILIANS
ii. Gusman is criminally responsible for ordering the war crime of attacking
civilian population and inflicting excessive incidental damage under
Article 8(2)(b)(iv
PRAYER - - - - - - - 18
TABLE OF ABBREVIATIONS
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Geneva Convention - - - - - GC
United Nations - - - UN
INDEX OF AUTHORITIES
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Geneva Convention of August 12 1949
STATEMENT OF FACTS
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The Case
On the year 2003 to 2010, the Republic of Astro was ruled by two powerful military leaders,
General Ayana as Country’s president while admiral Tony Gusman acted as chairman of
Powerful Crisis Military commission at the same time vested the position as Commander in
Bereton Republic which is a bordering country from Astro, controlled and governs an
archipelago named as Yukule Island known for its abundances in terms of agriculture,
forests, tourism, oil reserves on the land and as well as waters surrounding it.
However for over the past decades, Astro has been contesting sovereignty over the
Archipelago and until 4th of February 2008, Astron Armed Forces led by admiral Tony
Gusman invaded the island and took control the capital city of Yukule the Port Solferino and
Astron Armed Forces, inhabitants and remaining Bereton forces in the Island continued to
oppose and formed a “resistance militia”, a local militia or group that aims to drive out
Yukule invaders (Astro) while Bereton Republic deliberately providing military supplies and
weapons to the resistance group which were used in several violent attacks to Atron
Invaders including one incident wherein an ambulance carrying wounded soldiers was hit by
roadside bombs, one doctor and a nurse was killed. In other instances, Yukulean Fishing
boats lunched surprise attack against Astron vessels; others were caught transporting weapons
Control Measures
Admiral Gusman enforced much rigid measures to suppress the relentless attacks and impede
the transportation of supplies to the local militia of Yukule. Thus, importation of goods and
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aids in the Island were tightened. On 1st September 2008, Gusman declared that all ships
entering the “Maritime Control Zone” shall request prior authorization and approval from the
Astron Military Administration. Checkpoints were established across islands, and limitations
to local fishing imposed up to six nautical miles offshore. Any fishing boats sailed beyond
the prescribed limit are being drove out by the patrolling Astron vessels to include the
incident happened wherein a boat was fired from offshore resulting to a death of a fisherman,
as a result fishes production were reduced. Importation of raw materials and manufactured
goods was reduced and prices soared. Construction materials was curtailed and strictly
scrutinized due potential threat might imposed by the militia, metals and cans used to
preserved foods were banned that might be used as weapons against Astron Administration.
Chemicals such as fertilizers and pesticides were prohibited that might be used in the
production of the explosives. Necessary repair works such as for Hospitals were pending due
to scarcity of equipments and materials, highways were severely damaged thus, and
transportation of goods, medicines, foods and necessities find it difficult to reach some part of
the areas.
On November 2009, Astron Military Administration were attacked by the militia, many
Astron soldiers were killed, on the other hand wounded militias seek aid and shelters with the
all imports and Humanitarian Aid. As a result hospitals, and medicals stores failed to provide
support to the needs of local population that led to the worsening of Yukulers’ health
condition. Water sewerage and stations left unrepaired leads to low water consumption that
International Committee of the Red Cross (ICRC) and United Nations Development
Express raised the concern in the international media but Astron Armed Forces shut it down.
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On April 15, 2010, a joint coalition was formed composed of ten (10) NGOs, eight (8) from
Bereto and two (2) from Astro. The coalition was under the name of Free Yukule Movement
(The Movement) which was led by Bereton NGO “Sacred Fighters” chaired by Mr. Jonas
Borman aimed to Deliver “Humanitarian Packages” to Yukule and confront the occupying
invaders. On July 20, 2010, Nirvana, the Casa registered vessels sailed to Yukule carrying
Operation Blue
Meanwhile, admiral Gusman received an intelligence report disclosing that Nirvana was also
formulated a commando unit composed of sixty (60) marines to deal with the potential threat.
The operation was named “Blue” under the leadership of Commander Hanson as appointed
by Admiral Gusman. While Nirvana was approaching the controlled maritime zone , Astron
Naval Forces warned the ship to stop for inspection. However Nirvana ignored and continued
sailing towards Port Solferino despite repeated warnings. Subsequently the commandos
boarded and seized the Nirvana ship but sphinx guards and passengers attempted to resist.
The commandos suddenly opened fire upon the passengers therein resulting in severe
casualties. Out of 30 Sphinx guards, 15 were killed, also 60 people were injured including
guards and passengers. The commandos eventually took control of the ship and escorted
The Bereton government sets to recapture the Island of Yukule once again. Naval forces
engaged the Astron navy on high seas and intensive air campaign launched against Astron
land and naval forces. On September 20, 2010, Gusman ordered Rear admiral Freedman to
resort to all resources available to stall the Bereton navy. In the ensuing days, several pro
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government magazines stated that the Bereton government should re-consider any attempt to
disrupt Astro’s sovereignty over Yukule, which would only lead to unforeseen consequences.
On September 24, 2010, Captain Ardent pursuant to Gusman’s orders, discharged oil into the
sea, from three oil valves and three oil tankers which delayed and slowed down the
progression of Bereton Naval forces. On October 16, 2010, told the Astron Hashtag Daily
that Bereton attacks would only “lead to the destruction of Yukule” and also told Captain
Ardent to “take all measures possible to stop the advancement of the Bereton forces. On the
same day, large oil storage tanks on a site near Port Solferino burst into huge fires. Port
Solferino and the surrounding areas were awash in smoke, soot, and ash. It took ten days to
get the fires under control and by then, several million liters(approx. 60 millions liters) of oil
have already been released into the sea. The oil spill and oil fires had several negative
In may 2011, Astro and Bereto agreed to jointly refer the situation in Yukule between January
SUMMARY PLEADINGS
Tony Gusman in his capacity as Commander in Chief of Astron Military Forces is criminally
i) committed; (ii) directed; (iii) and ordered the (a) Crime of Aggression (b) use of starvation
and suspends reliefs and humanitarian aids as a method of warfare; (c) attack against civilians
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not taking direct part in hostilities, and; (d) launch of an attack in the knowledge that such
will cause widespread, long-term and severe damage to the natural environment, in
law.
PLEADINGS
In the first place, the Yukule Archipelago was under the control and sovereignty of Bereto. Where
people lived peacefully and enjoy individual’s full autonomy. However, Astron Government has been
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contesting Bereton sovereignty over the archipelago, they based it on the proximity of the archipelago
to Astro’s coast and unlawful annexation of the Archipelago after the Second World War. Any States
involve in territorial disputes and are competing for territorial claims, are subject for interpretation
and legal justification before the INTERNATIONAL COURT OF JUSTICE (ICJ) and other Tribunal
Courts with regards to their basis for the claims and right over a particular territory. However due to
the aggressiveness showed by Astron state, they invaded Yukule through the use of Astron Armed
Forces as initiated by the Admiral Tony Gusman who is chairman of Crisis Military Commission and
at the same time the Commander in chief of the Astron Armed Forces. The act showed by Astron has
clearly committed the CRIME OF AGRESSION under article 8 (1-2) (a-b) and Admiral Gusman in
his capacity as the commander in chief of AAF, in a position effectively who exercise control over or
and directed military action of the state is undoubtedly criminally responsible for the crime
committed.
The international armed conflict (“IAC”) between Astro and Bereto existed when AAF
took over and invaded Yukule Island from the control of Bereton
In Year 2008, the Yukule Archipelago was under Bereton control, where people enjoyed
complete autonomy, however since 1980s, Astro has been contesting Bereton sovereignty
over the Archipelago. The arguments advanced by successive Astron governments were
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based on the proximity of the Archipelago to Astro’s coast and the unlawful annexation of the
Archipelago after the Second World War. On 4th February 2008, the Astron Armed Forces
invaded Yukule and quickly gained control of Port Solferino, the capital city of Yukule.
International humanitarian law (“IHL”) applies even if the said occupation meets with no
armed resistance and people are fighting against colonial domination and alien occupation.
ICRC Opinion paper, March 2008, confirms that "any difference arising between two States
and leading to the intervention of armed forces is an armed conflict within the meaning of
Article 2, even if one of the Parties denies the existence of a state of war. It makes no
difference how long the conflict lasts, or how much slaughter takes place. Apart from regular,
inter-state armed conflicts, Additional Protocol I extends the definition of IAC to include
armed conflicts in which peoples are fighting against colonial domination, alien occupation
liberation). The Invasion of AAF to Yukule created an International Armed Conflict which is
a concern under IHL. Hence, the overall commander who has supreme power over the Astron
military, Admiral Tony Gusman, aware of factual circumstances shall be held criminally
liable over the killings and damages inflicted to persons and environment. Persons affected to
include bereton militias who fight against alien occupation (Astron Armed Forces) and other
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III-WAR CRIME
a. Gusman committed a war crime under CUSTOMARY IHL (Art. 8 (2) (b) (xxv) of the
1988 ICC Statute Intentionally using starvation of civilians as a method of warfare by
depriving them of objects indispensable to their survival, including willfully impeding relief
supplies as provided for under the Geneva Conventions” constitutes a war crime in
International Armed Conflict.
b. Yukule Civilians affected by AAF military operations, which clearly violated AP-1 Art.
51 that provides civilian protection against danger arising caused by armed forces hostilities.
Civilians should be immune from attacks.
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c. Civilians were deprived of objects indispensable for survival. Deprivation includes
“foodstuffs, crops, drinking water installations, and supplies, irrigation works are not made
availablein a quantity and quality sufficient to satisfy their needs. Even humanitarian aids and
reliefs for civilians were deprived when Admiral Gusman ordered total Suspension of all
transporting reliefs and aids.
II. Gusman is criminally responsible for ordering the war crime of attacking civilian
a. The duty to distinguish civilians and combatants is absolute: the war crime
intentionally directing attacks against civilian population occurs when: (1) an offender
directs an attack, (2) against civilian population, (3) with deliberate intent, (4) during an
IAC and (5) with knowledge of an existing IAC. Gusman having appointed Hanson is
responsible for his subordinate’s acts under the principle of command responsibility.
The act of not only infiltrating but also opening fire against Nirvana constituted an attack
A civilian population is composed of persons who are not part of the armed forces,
moreover, the presence of combatants within civilian population does not deprive it of
its civilian character. Nirvana at the very least had 200 civilians on board, giving it a
civilian character.
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b. Captain Ardent and his troops committed the war crime of excessive incidental
damage
Captain Ardent and his troops committed the war crime of excessive incidental
not inflict collateral damage that is excessive in relation to the military advantage with
any hostile action. Respect for the environment is in conformity with the principles of
i. Captain Ardent and his troops launched an attack “Attack” means “acts
It has been accepted that violence is not of the means, but of the consequences. The
incident of oil spills and oil fires ruled out physical force; however, it evolved a
massive impact on the natural environment: thousands of birds found dead, marine
turtles endangered, and a massive reef habitation affected as they were extremely
According to United Nations Security Council, there had been wars using oil as a
means of warfare, which caused serious damage to the natural environment and
violated international law, for instance, the Iran-Iraq War of 1980-88, the 1991 Gulf
War. Following these precedents, Captain Ardent ordered to release several million
coordinate the implementation of their rights and duties with respect to the protection
and reservation of the marine environment The first oil spill could not restrain the
Bereton naval forces. However, Captain Ardent continued to halt them by utilizing oil.
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Nevertheless, no official warning was given prior to the attack, yet it was launched by
the sea near Port Solferino, the capital city of Yukule. During the fire, only Astron
The attack caused widespread, long-term and severe damage to the natural
significant disruption or harm to human life, natural and economic resources or other
assets.
iii. Captain Ardent knew that the attack would cause disproportion
in the ordinary course of events. Captain Ardent meant to take advantage of oil;
therefore, he predicted the negative impact of such means of warfare to the natural
In Gbagbo case, the ICC upheld that an action of a perpetrator satisfying the hereafter actus
reus and mens rea elements could be accused of criminal responsibility under Article 25(3)
(b).
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i. Actus reus Actus reus requires: (i) the perpetrator was in position of authority,
and (iii) his instruction had a direct effect on the commission of the crime.
AMA in Yukule. At the time being reported about the advancement of the
“take all measures possible” to stall the enemy, one of Yukulean main
Mens rea requires the perpetrator: (i) meant to instruct another to commit an
offence; and (ii) was aware that the crime would be committed in the ordinary
Hashtag Daily indicated that he willfully let the attack be launched. Besides,
negligence in the conduct of the attack as he strived to use the last resort in
natural environment.
Thus, Gusman has met the requisite elements of actus reus and mens rea.
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PRAYER
The Prosecutor respectfully requests this Honorable Court to declare, adjudge, and
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Respectfully submitted,
Prosecutor.
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