3Prosecution

Prosecutor vs. Mr. Tony Gusman

Before the International Criminal Court at The Hague

October 2014

TABLE OF CONTENTS
INDEX OF AUTHORITIES

STATEMENT OF FACTS

SUMMARY OF PLEADINGS

13

PLEADINGS
I. ADMIRAL TONY GUSMAN COMMITTED ALL THE
THREE WAR CRIMES IN THE CONTEXT OF AND WAS
ASSOCIATED WITH AN INTERNATIONAL ARMED
CONFLICT, AND HE WAS AWARE OF THE EXISTENCE
OF THE ARMED CONFLICT
A. There is an international armed conflict (IAC)

13

B. Gusman was aware of the existence of IAC

13

II. GUSMAN IS LIABLE FOR COMMITTING, AS AN

INDIVIDUAL OR JOINTLY WITH ANOTHER OR
THROUGH ANOTHER PERSON, THE CRIME OF
USING STARVATION OF CIVILIANS AS A METHOD
OF WARFARE
A. Gusman deprived the civilians of objects indispensable
to their survival, including willfully impeding relief
supplies

..

14

B. Gusman intended to starve civilians

..

15

C. Gusman is liable as an individual

..

16

III.GUSMAN IS LIABLE FOR THE WAR CRIME OF

INTENTIONALLY DIRECTING ATTACKS AGAINST
THE CIVILIAN POPULATION
Page 2 of 22

A. Gusman directed the attacks

17

B. The objects of the attack were civilian in nature

17

C. Gusman intended the civilian population to be the

object of the attack
D. Gusman is liable as Commander-in-Chief

18

19

IV. GUSMAN IS LAIBLE FOR ORDERING THE WAR

CRIME OF INTENTIONALLY LAUNCHING AN
ATTACK IN THE KNOWLEDGE THAT SUCH WILL
CAUSE WIDESPREAD, LONG-TERM AND SEVERE
DAMAGE TO THE ENVIRONMENT UNDER
ARTICLE 8 (2) (b) (iv)
A. Gusman bears responsibility for all the attacks

20

B. The attacks were excessive as it caused widespread,

long-term and severe damage to the Yukule
Archipelago

20

21

22

23

C. Gusman had knowledge that the attack would

be excessive
D. Gusman is liable for ordering the attack
PRAYER

INDEX OF AUTHORITIES

Page 3 of 22

INTERNATIONAL INSTRUMENTS
Protocol Additional to the Geneva Conventions of 12 August 1949,
and relating to the Protection of Victims of International Armed
Conflicts, 8 June 1977
Rio Declaration on Environment and Development,14 June 1992
United Nations Convention on the Law of the Sea, 10 December
1982

13, 14, 18
22
22

INTERNATIONAL COURT CASES

M/V "SAIGA" (No. 2) Case (Saint Vincent and the Grenadines v.
Guinea), Merits, Judgment,1 July 1999
Prosecutor v. Bosco Ntaganda, ICC-01/04-02/06, Pre-Trial
Chamber II, Judgment, 9 June 2014
Prosecutor v. Dario Kordic and Mario Cerkez, IT-95-14/2-A,

18
19, 23

Judgment on Appeal, 17 December 2004

Prosecutor v. Dragomir Milosevic, Case No. IT-98-29/1-A,

19

Judgment, 12 November 2009

Prosecutor v. Ignace Bagilishema. Case No. ITCR-95-1A-T, Trial

17

Chamber I, Judgment, 7 June 2001

Prosecutor v. Krajisnik, Case No. IT-00-39-A, Judgment, 17

15

March 2009
Prosecutor v. Kunarac et al., IT-96-23-T, Appeal Judgment on

16

Appeal, 12 June 2002

Prosecutor v. Radovan Karadzic. Case No. IT-95-5 / 18-

18

AR98BIS.1, Judgment, 11 July 2013

Prosecutor v. Stanislav Gali, IT 98-29-A, Judgment on Appeal,

15, 18
18

30 November 2006
Prosecutor v. Tihomir Blaki, IT-95-14-A,Judgment on Appeal,
29 July 2004
Prosecutor v. Vidojevic Blagojevic and Dragan Jokic, Case No. IT02-60-A, Judgment, 9 May 2007

18, 19
13

Page 4 of 22

STATEMENT OF FACTS
1. Astro, Casa and Bereto border the Middle Sea. Astro was ruled by a military government
led by General Ayana and Admiral Gusman, with Ayana acting as President. Gusman also
chaired the Crisis Military Commission, the de facto government of the country.
2. Yukule, although under Bereton control in terms of defense and foreign affairs until 2008,
still enjoyed complete autonomy in managing its internal affairs.

Page 5 of 22

3. Oil and tourism are the main sources of revenue for Yukule. Foodstuff is mainly imported
from nearby countries, but there is a small agricultural production on the island.
4. Astro has been contesting Bereton sovereignty over the Archipelago, based on its
proximity to Astros coast and Beretos unlawful annexation after WWII.
5. On 4th February 2008, Astron Armed Forces invaded Yukule and gained control of Port
Solferino. A Military Administration was established to govern, directly under the Crisis
Military Commission.
6. Local resistance to Astros rule led to the formation of a resistance militia, supplied by
the military and led by Colonel Spartan from the Bereton army.

7. Facing an increasingly volatile situation, the Administration established check-points in

key areas of the island. Restraints were also imposed on the flow of goods.
8. To impede the militias supply of weapons, Gusmans administration announced that all
foreign ships entering a Maritime Control Zone had to request prior authorization from
the Administration.
9. Local fishing was also limited to 6 nautical miles offshore. Astron vessels routinely
patrolled the Yukulean coastline to deter fishermen from going beyond it. In one incident,
a boat was fired at 5 nautical miles from shore, killing a fisherman.
10. Importation was also tightened. Shiploads were approved or rejected, for unknown
reasons.
11. The importation of cement and steel was curtailed for fear of possible militia use. Metal
objects and chemicals were also banned.

Page 6 of 22

12. The goods were brought to different areas of the island, but since repair work on roads
damaged by bombing was slow due to scarcity of materials, wheelbarrows and carts were
sometimes used in the delivery. Inspection at checkpoints also resulted in longer delays.
13. On 16 November 2009, Gusman announced suspension of all imports for security
reasons, including import of humanitarian aids.
14. Casa Radio International published a report from the Astron Ministry of Health, which
listed the minimum necessary calorie intake to keep the locals alive. Yukule Watch said
that the food distributed was short of meeting the estimated needs.
15. The fishermen needed to sail at least 12-15 nauticals to catch larger shoals. Total catch
had been halved and on a decrease since the implementation of the control measures.
Local food production was reduced by a third because of the restriction on the import of
fertilizers and pesticides. Peppermint Express warned that the population would almost
entirely depend on food import to survive autumn and winter.
16. The ICRC noted that hospitals lacked medical stores, were unable to maintain their
equipment or make necessary repairs. Complaints about poor living conditions, the lack
of medical services and medicines reached various media sites.
17. UNDP reported that damage to sewerage networks and pumping stations were left
unrepaired. It also indicated that the water supply was unfit for consumption.
18. The Peppermint Express, citing reports of the ICRC and UNDP, accused Astro of
deliberately starving Yukules population.
19. Ten NGOs decided to form a coalition under Free Yukule Movement, led by the Bereton
NGO Sacred Fighters, and chaired by Mr. Borman.
20. It announced that it had chartered Nirvana to deliver humanitarian packages to Yukule.
Page 7 of 22

21. Most passengers were Beretons; some were from Astro, Casa and ten other countries.
Nirvana had cargo on board, mostly food, medicine and basic necessities.
22. As Nirvana approached, its master was informed that he was approaching a controlled
maritime zone. The ship would not be authorized unless its cargo was inspected and its
passengers controlled.
23. Despite repeated warnings, Nirvana proceeded. 24 nautical miles away from port, Hanson
sent a final warning that all available measures would be taken to prevent their unlawful
entry. He then ordered the boarding and seizure of said boat.
24. They encountered strong resistance, resulting in some marines being thrown over and
some seized and stabbed. The guards fired to stop their advancement. Hanson ordered to
open fire.
25. When the marines took control, 30 activists, 15 Sphinx guards were killed; 60 injured,
including guards and passengers. The Nirvana was escorted to Port Solferino, and its
crew, guards and passengers were put in prison.
26. DeniBaris said that the Astron soldiers were shooting indiscriminately, killing innocent
civilians on Nirvana. Sphinx later claimed that all their guards on board were only
carrying light defensive arms.
27. The UN Secretary-General appointed a penal of legal experts to investigate the conduct
of Operation Blue.
28. The Panel concluded use of excessive force since all casualties died from gunshots, some
of them at point-blank range or from behind. Others were injured by gunfire when they
waved knives. Some of the guards were killed or wounded as they reached for lifeboats.

Page 8 of 22

29. On 17th September, Bereto launched an intensive air campaign against the Astron land
and naval forces in Yukule, while the Bereton navy engaged Astron navy on the high
seas.
30. Admiral Freedman reported that he was unable to stop the Bereton advancement.
Gusman told Freedman to resort to all resources available to stall the enemy.
31. Captain Ardent ordered the valves of the terminals opened on the western side, while
Astros ships moved eastward. Three oil tankers also started to discharge into the same
area.
32. Gusman told the Hashtag Daily that the Bereton attacks would only lead to the
destruction of Yukule. That same day, oil storage tanks near Port Solferino burst into
huge fires, causing the retreat of Astron soldiers in Yukule to the mainland.
33. The UNEP pointed out that the spills could affect the massive reef habitation offshore.
Thousands of birds in the region were found dead. Marine turtles were also endangered.
34. Dr. Sulivan, from the CMEPA, stated that it might take a few years for the environment to
return to its former state. Prominent public health experts projected that the air and
maritime pollution in the aftermath of the war would kill approximately 800 Yukulers in
the years to come.
35. At the end of 2010, the Ayana government had to step down due to its failure in Yukule.
Gusman was placed under house arrest while Astro and Bereto agreed to jointly refer the
situation of Yukule to the ICC.
36. A hearing was conducted in the presence of the Prosecutor along with Tony Gusman and
his counsel to answer the following charges made against him.

Page 9 of 22

SUMMARY OF PLEADINGS
I. ADMIRAL TONY GUSMAN COMMITTED ALL THE THREE WAR CRIMES IN
THE CONTEXT OF AND WAS ASSOCIATED WITH AN INTERNATIONAL
ARMED CONFLICT, AND HE WAS AWARE OF THE EXISTENCE OF THE
ARMED CONFLICT
Two IAC situations envisaged under common Article 2 of the 1949 Geneva Conventions
are attendant in the present case: there was war between Astro and Bereto, and, Astro occupied
Yukule Archipelago, a Bereto territory. Gusman knew the existence of IAC as he suggested to
invade Yukule and he knew of the presence of a resistance militia fighting against the invasion.
II. GUSMAN IS LIABLE AS AN INDIVIDUAL FOR COMMITTING, AS AN
INDIVIDUAL OR JOINTLY WITH ANOTHER OR THROUGH ANOTHER
Page 10 of 22

PERSON, THE CRIME OF USING STARVATION OF CIVILIANS AS A

METHOD OF WARFARE.
Gusman imposed the excessive import and fishing control measures which
disproportionately damaged Yukules civilians and destroyed their economy. The control
measures certainly caused hunger and starvation amongst Yukule civilians. Gusman imposed the
control measures on the pretext of impeding the supply of weapons to the local militia and
pressuring Yukulers to disengage from the unrest. His words and deedsevident from patterns
of purposeful action and facts and circumstances show that he intended the control measures to
starve the civilians.
III.GUSMAN IS LIABLE FOR INTENTIONALLY DIRECTING ATTACKS
AGAINST THE CIVILIAN POPULATION
The Nirvana passengers were civilians. Gusman knew or, should have known that the
commando were committing or about to attack the civilians, however, he failed to take necessary
and reasonable measures within his power to prevent or repress its commission.
IV. GUSMAN

IS

LIABLE

FOR

ORDERING

THE

WAR

CRIME

OF

INTENTIONALLY LAUNCHING AN ATTACK IN THE KNOWLEDGE THAT

SUCH ATTACK WILL CAUSE WIDESPREAD, LONG-TERM AND SEVERE
DAMAGE TO THE ENVIRONMENT UNDER ARTICLE 8 (2) (b) (iv)
Gusman was in command of the Astro forces and was actively and heavily involved in
stopping and defeating the advancing Bereto forces. He ordered Admiral Freedman to resort to
all resources available to stall the enemy. Freedman in turn conferred with Captain Ardent who
thereafter ordered to open the valves of three oil terminals and discharge oil from three oil
tankers. The circumstances leading to the attack show that the bursting of the oil tanks by Astro
was planned and coordinated with Gusman fully in control of the Astro forces.

Page 11 of 22

PLEADINGS
I. ADMIRAL TONY GUSMAN COMMITTED ALL THE THREE WAR CRIMES IN
THE CONTEXT OF AND WAS ASSOCIATED WITH AN INTERNATIONAL
ARMED CONFLICT, AND HE WAS AWARE OF THE EXISTENCE OF THE
ARMED CONFLICT
A. There is an international armed conflict (IAC)
Two IAC situations1 are attendant in the present case: there was war between Astro and
Bereto, and, Astro occupied Yukule Archipelago, a Bereto territory.
An IAC exists also when an authority representing a people engaged in a struggle
against colonial administration and foreign occupation and against the racist regimes in the
exercise of the right of peoples to self-determination2 or, when a militia has acted as a de facto

Article 2 of the 1949 Geneva Conventions

API, Art.1(4)
Page 12 of 22

state organ.3 Assuming that Yukule is not a Bereton territory, there was still an IAC since the
resistance militia served as an authority fighting for Yukules liberation, and/or, it acted as
Beretos de facto organ.
B. Gusman was aware of the existence of IAC
In Blagojevic and Kojic 4, it is reasonable to conclude that Gusman, being the chair of
Astros powerful Crisis Military Commission and Commander-in-Chief of the Armed Forces,
would have had knowledge of the wider context in which his acts occurred.
He suggested5 the invasion of Yukule which was a Bereton territory or sub-state. He knew
of the presence of a resistance militia fighting against the invasion. There could be no moment
that he was unaware of the existence of an IAC.
II. GUSMAN IS LIABLE FOR COMMITTING, AS AN INDIVIDUAL OR JOINTLY
WITH ANOTHER OR THROUGH ANOTHER PERSON, THE CRIME OF USING
STARVATION OF CIVILIANS AS A METHOD OF WARFARE.
A. Gusman deprived the civilians of objects indispensable to their survival, including
willfully impeding relief supplies.
In no event shall actions against [indispensible] objects be taken which may be expected
to leave the civilian population with such adequate food or water as to cause its starvation or
force its movement6.

Tadic, pars. 131,137.

Blagojevic and Jokic,para. 102.

Compromis,6

API, Article 54(3)(b)

Page 13 of 22

Gusman

imposed7

excessive

import

and

fishing

control

measures

which

disproportionately damaged Yukules civilians and destroyed their economy. The control
measures violate the principle of distinction and proportionality.
The import measures prevented road reconstruction that led to long-delayed transport and
distribution of food and basic necessities 8. The metals import ban prevented the repair of the
sewerage networks and pumping stations making water supply largely unfit for consumption. 9
Fertilizer and pesticide restrictions decreased agricultural production10. The tin can ban led to
shortage of containers needed for food preservation 11. The shortage of raw materials and
manufactured goods made food and other basic essentials inaccessible and unaffordable 12. By
September 2009, the catch was halved and continued to decrease13. The measures remained even
through autumn and winter of 2009 which forced the Yukules to almost entirely dependent on
food import14. Worse, from 15 November 2009 to 15 January 2010, a total import ban, even on
humanitarian aid, was in effect15. In all probability, the control measures caused hunger and
starvation amongst Yukule civilians.
B. Gusman intended to starve civilians

Compromis,paras.9, 11

Compromis,para.13

Compromis,para.12,18

10

Compromis,p.12

11

Compromis,p.11

12

Compromis,p.11

13

Compromis,p.15

14

Compromis,p.15

15

Compromis,p.16
Page 14 of 22

Intent can be inferred from, among others, words and deeds, evident from patterns of
purposeful action; the scale of atrocities committed; the perpetration of other culpable acts
systematically directed against the same group; or the existence of a plan or policy16.
Gusman imposed control measures on the pretext of impeding the supply of weapons to
the local militia and pressuring Yukulers to disengage from the resistance. His words and
deedsevident from patterns of purposeful action and facts and circumstances17 show that he
intended the control measures to starve the civilians.
Knowledge combined with continuing participation can be conclusive as to a persons
intent.18
C. Gusman is liable as an individual
Gusman is liable as a co-perpetrator. Gusman committed the crime jointly with another
person or through another person, namely, the Astro Military Administration and members of the
Astro forces. The objective and subjective elements of Article 25(3)(a) are fulfilled.
1. There existed a common plan.
Gusman suggested the invasion to suppress local resistance 19 and the imposition of the
fishing and import control measures. Astro commissioned a study 20 on Yukules minimum
calorie intake and such calculation was illogically the basis for implementing the control
measures. The study did not consider Yukeles protein intake which indicate the intent to also
prolong civilians deprivation of sources for protein.

16

Bagilishema,para.63;Karadzic,para.80

17

Parts II.A.2 and II.A.3

18

Krajisnik,p.697

19

Compromis,p.9

20

Compromis,p.14
Page 15 of 22

Overall, Astros pattern of purposeful actions points to the overarching intention to starve
the Yukule population.
2. Gusman essentially contributed in the commission of the crime.
Gusman imposed the indiscriminate control measures which inflicted disproportionate
damage to the Yukule civilian population. His actions and inactions essentially contributed to the
attainment of the very purpose of the control measures that is to starve the population.
3. The subjective elements were fulfilled.
Gusman used starvation of civilians as a method of warfare21. He and the other coperpetrators were aware that implementing the common plan will result in the deprivation of the
indispensable objects for the civilians survival. Gusman, being the Commander-in-Chief, knew
that he had control over the commission of the crime.
III.GUSMAN IS LIABLE FOR THE WAR CRIME OF INTENTIONALLY DIRECTING
ATTACKS AGAINST THE CIVILIAN POPULATION
A. Gusman directed the attacks
Directing is pivotal to the question of ordering, the actus reus of which can be
established by a positive action by the person in a position in authority22.
As chair of Astros Military Commission, he had effective command and control over
Operation Blue. He appointed the leader who instructed the marines that the inviolability of
the Zone should under no circumstances be compromised23.
The attack was also a result of Gusmans failure to exercise control properly over the
commando and this tantamount to Gusman himself directing the attack.
21

Parts II.A and II.B.

22

Milosevic, para. 267

23

Compromis,24
Page 16 of 22

B. The objects of the attack were civilian in nature

The means and method used in the course of the attack, the status of the victims, their
number, the discriminatory nature of the attack, the nature of the crimes committed in its course,
the resistance to the assailants at the time and the extent to which the attacking force may be said
to have complied with the precautionary requirements of the laws of war 24 are factors to
consider in determining whether the attack was directed against civilians.
The passengers were civilians since they were only acting in protest, and not in hostility.
Attacks which cannot discriminate between civilians/civilian objects and military objectives are
tantamount to an attack against civilians25.
The practice to stop a ship entails giving auditory or visual signal fails, a variety of
actions may be taken, including the firing of shots across the bows of the ship. It is only after the
appropriate actions fail that the pursuing vessel may, as a last resort, use force. 26 These
requirements are in observance of necessary precautions 27. Astros failure to comply with these
requirements amounts to the indiscriminate nature of the attack.
C. Gusman intended the civilian population to be the object of the attack
The scale of the atrocity committed 28 manifests intent that the civilians be the object of
the attack. An attack must have been conducted intentionally in the knowledge, or when it was
impossible not to know, that civilians were being targeted 29. The civilian population comprises
all persons who are civilians and the presence within the civilian population of individuals who
24

Kunarac et al., para.91;

25

Gali, para132

26

MV/V Saiga (No.2), para.156

27

API, Article 57
Karadzic, para.80

28

29

Blaskic, para.179
Page 17 of 22

do not come within the definition of civilians does not deprive the population of its civilian
character30.
Gusman had opportunity to know that the passengers are civilians through their social
media announcements31, yet the attack on them was not dissuaded.
His acts prior, during and after the attack affirm his intent. He never initiated conducting
an investigation on the conduct of Operation Blue and Astro started an inquiry only after an
increasing international pressure. The belated inquiry confirms Gusmans intent and him
sanctioning the Operation Blue commandos attack.
D. Gusman is liable as Commander-in-Chief
The objective and subjective elements are fulfilled 32. Gusman knew the circumstances
and is obligated to know that the attacks were on the civilians. However, he failed to take
necessary measures within his power to prevent its commission.
The attack could have been avoided had Gusman ensured that the commando apply
precautions and exercise maximum restraint. The use of live fire was extensive and arbitrary and
Gusman made no effort to minimize deaths and injuries at certain stages of the operation.
Therefore, Gusman incurs criminal liability also for willful failure to discharge the legal
dutyto care for the persons under the control of his subordinates33.
IV. GUSMAN IS LAIBLE FOR ORDERING THE WAR CRIME OF INTENTIONALLY
LAUNCHING AN ATTACK IN THE KNOWLEDGE THAT SUCH WILL CAUSE
WIDESPREAD, LONG-TERM AND SEVERE DAMAGE TO THE ENVIRONMENT
UNDER ARTICLE 8 (2) (b) (iv)

30

Kordic and Cerkez, para. \50. ;

31

Compromis,p.21

32

Ntaganda, para.164.
Blaki, para.663

33

Page 18 of 22

A. Gusman bears responsibility for all the attacks

He was in command of the Astros and was actively involved in stopping and defeating
the advancing Bereto forces. He ordered Freedman to resort to all resources available to stall the
enemy34. Gusman already knew that defeat was certain so he threatened that these would only
lead to the destruction of Yukule35. He ordered Ardent to take all measures possible to stop the
advancement36. The fire burst eventually led to Beretons retreat to the mainland. The
circumstances37 leading to the attack show that the bursting of the oil tanks by Astro was planned
and coordinated with Gusman fully in control of the Astro forces.
B. The attacks were excessive as it caused widespread, long-term and severe damage to
the Yukule Archipelago.
Astros defeat was imminent when the oil spills and oil fires near Port Solferino were
launched. The main purpose of the attack was to stall the advancing Bereto forces and to enable
the Astro forces to retreat to the mainland which they subsequently did 38. The concrete and direct
overall military advantage was clearly excessive and unnecessary as it left Yukule in inferno39.
The attack produced widespread, long-term and severe damage to the natural
environment as shown by the following 40: (a) several million litres of oil had been released into
the sea; (b) certain coral reefs were susceptible to hydro carbon pollution; (c) thousands of birds
were found dead; and, (d) marine turtles nesting site were endangered. It was estimated that it
will take a few years for the environment to return to its former state and that the air and
34

Compromis,p36

35

Compromis,p39

36

Ibid.,

37

Compromis,p36-39
Compromis,p39

38

39

Compromis,p40

40

Compromis,p40,41
Page 19 of 22

maritime pollution in the aftermath of the war would kill approximately 800 Yukulers in the
coming years. Port Solferino and the surrounding areas were awash in smoke, soot and ash. It
took 10 days to get the fires under control and was inaccessible and dangerous for firefighters
and civil defense personnel41. The damage certainly has serious or significant disruption or harm
to Yukule population but also to the marine environment and to the oil and tourism industry of
Yukule
The attack caused widespread, long-term and severe damage and destruction to Solferino,
its surrounding areas and the environment. This clearly is excessive in relation to the military
advantage anticipated.
C. Gusman had knowledge that the attack would be excessive
Article 30(3) of the Rome Statute provides person has knowledge with respect to a
consequence if he has awareness that . . . [it] will occur in the ordinary course of events 42. In
the ensuing days of the attack, pro-government magazines warned of unforeseen
consequences.43 Gusman later also warned that Beretons advancement would only lead to the
destruction of Yukule.44 This indicates that Gusman was aware and had resolved of taking all
measures possible to stop the advances of the Bereton forces regardless if it would lead to the
destruction of Yukule.
Astro occupied Yukule for approximately two years, a period sufficient enough for Astro
officials to learn the vulnerabilities of Yukule. Gusman certainly knew all the possible options on
how to destroy Yukule and this includes setting Port Solferino and its surrounding areas on fire
through targeting Yukules omnipresent oil storage tanks. Gusman anticipated the catastrophic
damage. There would never been any moment that Gusman would not know the site or areas
where landmine fields in Port Solferino are found, and that is precisely the reason why it was the
large oil tanks found on a site near Port Solferino which Astro forces targeted.
41
42

Compromis,p40
Rome Statute, Article 30(3)

43

Compromis,p36

44

Compromis,p39
Page 20 of 22

Astro occupied Yukule for approximately two years, a period sufficient enough for Astro
officials to learn the vulnerabilities of Yukule. Gusman certainly knew all the possible options on
how to destroy Yukule and this includes setting Port Solferino and its surrounding areas on fire
through targeting Yukules omnipresent oil storage tanks. Gusman anticipated the catastrophic
damage. There would never been any moment that Gusman would not know the site or areas
where landmine fields in Port Solferino are found, and that is precisely the reason why it was the
large oil tanks found on a site near Port Solferino which Astro forces targeted.
The Astro forces wantonly disregarded observance of the precautionary principle. 45
UNCLOS obliges States to takeall measures consistent with this Convention that are
necessary to prevent, reduce and control pollution of the marine environment from any source,
using for this purpose the best means at their disposal and in accordance with their
capabilities(emphasis added)46. Astro failed to fulfill such duty
D. Gusman is liable for ordering the attack
The subjective and objective elements were fulfilled 47. Gusman was a person in authority
and ordered Captain Ardent to take all measures possible to stop the advancement of the
Bereton forces.48 It was a carte blanche order that had direct effect on the commission of the
crime. Gusman was at least aware that the crime will be committed in the ordinary course of the
events as a consequence of the execution or implementation of his order considering that weeks
before his order to Captain Ardent, Gusman also ordered Rear Admiral Freedman to resort to all
resources available to stall the enemy49. Gusman would have known that the opening of the
three oil valves on the western side of Yukule slowed down the Bereton forces, therefore, he
45

Rio Declaration,Principle 15

46

UNCLOS, Article 194(1).

47

Ntaganda, para.53.

48

Compromis,39

49

Compromis,36
Page 21 of 22

would have known that the Astro forces would also likely opt to burst oil tanks just to stall the
advancing Bereton forces.
PRAYER
Wherefore, the prosecution prays that this Honorable Court, render judgment finding the
accused guilty of the crimes charged.

Counsel for the Prosecution

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