Madam President, members of the Honorable Court, may it please the Court.

My name is Mary Anne Caete, second counsel for the Defense. In todays confirmation hearing,
I will address our second submission as regards the war crime of intentionally directing attacks
against the civilian population or against individual civilians not taking direct part in hostilities.
If Your Excellencies have no more preliminary questions, I shall now proceed to my submission.
Your Excellencies, we respectfully submit that there is no sufficient evidence to hold Mrs. Mona
Tammy for trial for the war crime of intentionally directing attacks against the civilian
population as such or against individual civilians not taking direct part in hostilities.
First, the elements of the war crime of attacking civilians under Article 8(2)(e)(i)of this
Honorable Courts Statute were not satisfied.
Your Excellencies, there is no sufficient evidence that the object of the attack was the civilian
population as such, or individual civilians not taking direct part in hostilities, in the series of
bombings on Ossos suburbs, including the airstrike on the Rose Garden.
In fact, before the lawful military attacks were launched in Osso, WOL were already known to
hide among the population and launch surprise attacks against Fodavan forces. Also, the WOL
were identified to be especially active in thesuburban areas. Such areas were to be considered
legitimate military targets and were the objects of the military attack.
The civilian casualties were not excessive and the attacks were made against lawful military
targets, therefore abiding by the principle of proportionality in armed conflicts.
Moreover, such military attacks against the WOL buildings were warranted by the principle of
military necessity. This means that the armed forces can do whatever is necessaryprovided
always that it is not otherwise unlawfulto achieve their legitimate military objectives in
warfare.The airstrike against the Rose Garden building provided a definite military advantage
and satisfied a specific military purpose of preventing more damage to life and property and
securing the surrounding communities as well as the military forces against surprise attacks by
the WOL hiding among the population.
The dropping of the warning bomb before the launching of the airstrike served as the necessary
precaution to alert the civilian population and individual civilians not taking direct part in the
hostilities of the impending attack.
Furthermore, the element that the perpetrator intended the civilian population as such or
individual civilians not taking direct part in hostilities to be the object of the attack was also
absent.
There is no sufficient evidence to show that Mona Tammy intended for the civilians and those
not taking direct part in the hostilities to be the object of those attacks. Clearly, what she had

authorized were lawful military attacks on legitimate military targets, which were the WOL
fighters and those who directly participate in the hostilities by supporting them.
In addition, the dropping of the warning bomb before the attack on the Rose Garden was in
accordance with Article 57(2)(c) of Protocol I as regards Precautionary Measures pertaining to
effective advance warning given of attacks which may affect the civilian population, unless
circumstances do not permit.
Finally, Mrs. Mona Tammy cannot be held individually criminally liable under Article 25(3)(b)
of this Honorable Courts Statute for ordering, soliciting, or inducing the commission of the
alleged war crime against civilians. The words of Mona Tammy were explicit. The Fodavan
military was authorized to attack any person, group or building that is found to support the
Warriors of Light in any way. Since the WOL fighters were already considered legitimate
military targets, civilians in support of them shall be considered as those taking direct
participation in the hostilities, thus making them legitimate military targets, and therefore subject
to lawful attacks from the military forces.
There is no evidence to show that Mrs. Mona Tammy ordered, solicited or induced Colonel
Tomass and the Fodavan military into directing attacks against the civilian population as such or
against individual civilians not taking direct part in hostilities.
If Your Excellencies have no further questions, I shall now cede this podium to my co-counsel.
May it please the Court.