STATEMENT OF JURISDICTION

The Prosecutor has approached the Honourable International Criminal Court under Article 5 read
with Article 13 (a) in acc. With Article 14 of the Rome Statue.

Article 5
Crimes within the jurisdiction of the Court

The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute with
respect to the following crimes:

(a) The crime of genocide

(b) Crime against humanity
(c) War crimes
(d) The crime of aggression

Article 13
Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance
with the provisions of this Statute if:

(a) A situation in which one or more of such crimes appears to have been committed is referred to
the Prosecutor by a State Party in accordance with article 14

Article 14
Referral of a situation by a State Party

1. A State Party may refer to the Prosecutor a situation in which one or more crimes within the
jurisdiction of the Court appear to have been committed requesting the Prosecutor to investigate
the situation for the purpose of determining whether one or more specific persons should be
charged with the commission of such crimes.

2. As far as possible, a referral shall specify the relevant circumstances and be accompanied by such
supporting documentation as is available to the State referring the situation.
 STATEMENT OF FACTS
1) Xuan, a Southeast Asian country consisting of 2000 islands and having a diverse population
has been known for abundant natural resources. The country is basically divided into two
types of people: Philos (the original inhabitant) and Sophists (nomadic traders from Europe).
Philos community had a motive to arrive and settle at the banks of Xuan whereas Sophist
Community wanted de-facto control of Xuan’s trade routes with the world.
2) Labour Republic, a neighbouring country which is a permanent member of United Nations
Security Council (UNSC) has signed and ratified The Rome Statute, The International
Covenant on Civil and Political Rights, The Genocide Convention and the Geneva
Convention(s). Both the countries also share Extradition Treaty which enables Philos of Xuan
to have a strong bond with the country and other benefits. Assistance from such a global
power allowed Philos to dominate over all political landscapes of Xuan for 33 years (1975-
2008).
3) 1995, Civil War broke out which tore apart the country’s institutions. European Union (EU)
wanted to develop multilayer treaty regime with Xuan for which it had proposed to integrate
the trade routes with the international highway. The ruling party (The United Front) finding it
a great opportunity to show the interest in the world trade, sanctioned the proposal.
Recognising this collaboration as a threat by the Sophists, they created a Pro-Xuan Traders
Association (PTA). The contentions were that the interests of the domestic traders were not
paid interest and unrestricted access was given to the Western companies into marine
resources.
4) The civil War resulted in deadlock with PTA consolidating powers and entering into politics
to prevent any further trade negotiations. PTA had a stronghold over Xuan coastal regions
and it restricted any foreign trader to trade. PTA having great support from the coastal
communities used to sell every tradable organic commodity to the other countries which
fulfilled the demand of affluent classes. Western businessmen in order to exploit these
communities sent sea exploration to Xuan, PTA feeling threatened attacked them in Xuanian
Waters. 32 ships were ransacked over the tenure of 10 years, later the ships were dismantled
and sold. Xuanian Government couldn’t use the state machinery against the leaders of PTA
and asking foreign intervention will land up showing them as “weak & incompetent”.
Political efforts to draw the attention of ICC towards Xuan’s condition had failed because of
absence of Piracy as crime in Rome Statute. The nuanced practises practised by the Philos
community was the reason behind their socio-economic backwardness.
5) Jordon Schlanky, a Sophist widely recognised for his study on culture and heritage secured a
nomination to the Special Committee on the study of Demographics (SCD) in Xuan to assist
Xuanian legislators in policy framing. Elections took place on May, 2008 between UF and
PTA. PTA won the election by unfair means and tangled economically which would affect
the future of Xuanian people. Carles Puyol, a radical Sophist and opponent of UF also
emerged as an indomitable power and he believed in the views of PTA’s claim over Xuan.
Carles Puyol campaigns led to the victory of PTA in 2008 and he was declared as Premier of
the country. Carles used to file ample number of lawsuits and criminal prosecutions against
UF and Philos community.
6) 2010, Xuan witnessed a flagship policy in which the SCD chairman Jordan Schlanky
recommend a 3 step plan Trident Action Plan (TAP) to get rid of the unwanted vices. First
Phase (Dec,2010) brought changes in laws which let to huge number of litigations aimed at
limiting the civil liberties of Xuanian citizens, such as annulling the marriage of people
belonging to different races and further declared it criminal offence. Second Phase (May,
2011) aimed at research studies to, measure the criminal activities in the state ranging from
1995 – 2011. Third Phase (Sept,2012), the executive of Xuan aimed at enforcing sterilization
across the country means of single legislation called Xuan Population Control
 Implementation. Act dealt with voluntary as well as involuntary sterilization, active
euthanasia and it popularly came to be known as “silent genocide”.
7) The philosophy of utilitarianism led Carles Puyol to start with sterilization campaign across
the country. The effect of the campaign isolated the people suffering from genetic disease and
kept them in specially designed laboratories which led to social segregation. Philos were
considered as “minority problem” by the popular media channels because of the image
depicted by Jordan’s agencies claimed them to be historically weak, lethargic, and disease-
laden and therefore a burden for the state.
8) There was a huge downfall in the Xuan population by June, 2015 which was seen as an
alarming situation by Labour Republic. LR sent an official communication dated Dec, 2015 to
the office of the Prosecutor of the International Criminal Court (ICC) requesting it to
investigate into the situation. ICC Prosecutor on 8th Mar 17, followed the procedure given in
Rome Statute and was able to expedite the preliminary investigation with the assistance of
LR. Based on the materials gathered during the investigation, the ICC Prosecutor moved
before Pre-Trial Chamber 1 of ICC to take permission for a formal investigation. ICC granted
order dated 15th Feb 2018 to investigate the role of various persons which led to the alarming
situation in Xuan. Xuanian Government had become extremely volatile and had declined the
investigation initiated by ICC which depicted Jordon and Carles as “unworthy victims of a
political conspiracy”. While being interviewed Carles had told that if the investigation request
is not terminated, he may pull out of the Rome Statute. Carles also demanded immunity by
the United Nations, failure of which may lead to military attacks on Philos population.
9) Looking at the sensitivity of the situation in Xuan, United Nations offered Carles an amnesty
deal dated 21st July 2018 which says that immunity will be given to Carles provided he
relinquishes his position with immediate effect and ceases all the connections and control
over Xuanian government. ICC Prosecutor started with the investigation on Jordon’s role as
on accused in the crime and after the investigation ICC Prosecutor submitted its final report
before the Pre-Trial Chamber expressing its inability to establish any connection with the
accused or to convince him to appear in the Court. The Pre-Trial Chamber on 21st Oct 2018 in
accordance with the procedures and conditions under Article-61 of the Rome Statute
confirmed the charges of crime of genocide under Article-6 of Rome Statute.
10) ICC prosecutor filed an application in Trial Chamber for issuing an arrest warrant against
Jordon at the end of Oct, 2018. The Trial Chamber issued an arrest warrant under Article 64,
61 and 58 of the accused dated 5th Nov 2018 and also extended a request for arrest and
surrender to LR forcing it to assist The Court in gaining the custody of the accused in strict
obedience under Article-6 of Rome Statute. The LR succeeded in gaining the custody of the
accused by a luring operation called “Operation Dexter”. The operation tricked him down on
pretext of amnesty deal and on his arrival was immediately apprehended and transported to
Hague under the procedure given in Article-59.
11) Accused in front of ICC with the help of his legal representatives argued that the lurking
operation was conducted in violation of his human rights and also in violation of the Rome
Statute. The Trial Chamber issued notice and asked for responses from ICC Prosecutor and
LR for the allegations made by accused. The legal Representatives of LR were also presenting
the interests of Philos Community because of the absence of Legal Representatives of the
victims. The Trial Chamber allowed the LR to act as a Legal Representatives of the victims
through order dated 21st Dec 2018 and to participate in the trial of the accused.
 LIST OF ABBREVIATIONS
1. Acc. = Accordance
2. UNSC = United Nations Security Council
3. EU = European Union
4. PTA = Pro-Xuan Traders Association
5. UF = United Front
6. ICC = International Criminal Court
7. SCD = Special Committee on the study of Demographics
8. TAP = Trident Action Plan
9. LR = Labour Republic
10. ICCPR = International Covenant on Civil and Political Rights
11. UDHR = Universal Declaration of Human Rights
12. MCMD = Male Captus Male Detentus
13. MCBD = Male Captus Bene Detentus
14. ICTR = International Criminal Tribunal for Rwanda
15. ICTY = The International Criminal Tribunal for the former Yugoslavia
16.