SUMMARY OF ARGUMENTS:

CHARGE 1: GUSMAN IS CRIMINALLY LIABLE FOR VIOLATING ARTICLE 8 (2) (B)

(XXV) AND IS RESPONSIBLE UNDER ARTICLE 25 (3) (A) OF ROME STATUTE OF

THE INTERNATIONAL CRIMINAL COURT, TO WIT:

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Article 8 War crimes

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2. For the purpose of this Statute, war crimes means:

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(b) Other serious violations of the laws and customs applicable in international

armed conflict, within the established framework of international law, namely,

any of the following acts:

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(xxv) Intentionally using starvation of civilians as a method of warfare

by depriving them of objects indispensable to their survival, including

wilfully impeding relief supplies as provided for under the Geneva

Conventions;

Article 25 Individual criminal responsibility

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 3. In accordance with this Statute, a person shall be criminally responsible

and liable for punishment for a crime within the jurisdiction of the Court if

that person:

(a) Commits such a crime, whether as an individual, jointly with another or

through another person, regardless of whether that other person is criminally

responsible;

XXX.

The Elements of Crime provided for Rome Statute of the International Criminal Court

enumerates the elements of war crime of starvation as a method of warfare as follows:

1. The perpetrator deprived civilians of objects indispensable to their

survival:

2. The perpetrator intended to starve civilians as a method of warfare;

3. The conduct took place in the context of and was associated with an

international armed conflict; and,

4. The perpetrator was aware of factual circumstances that established

the existence of an armed conflict.

As to the first element, Admiral Tony Gusman (Gusman for brevity) deprived civilians of

objects indispensable to their survival. It must be noted in the case at hand that Yukule has 1.5

million population. Fish and other sea products form a significant part of Yukulers diet. Foodstuff

is otherwise mainly imported from nearby countries, but there is a small agricultural production

mainly fruits and vegetable on the island. Through the instruction of Admiral Gusman, the

military established checkpoints in key areas of the island. Restraints were also imposed on the
flow of goods in and out of Yukule. The Military Administration also limited the activities of local

fishermen to 6 nautical miles offshore. Astron vessels routinely patrolled the Yukulean coastline

to deter fishermen from going beyond the prescribed limit. As a result of the imposition of the

order, a boat was fired at 5 nautical miles from shore, resulting in the death of a fisherman. Control

over the importation of goods was also tightened. Admiral Gusman announced that only goods

exclusively used for civilian purposes would be allowed into Yukule. The importation of

construction materials such as cement and steel was sever and strictly scrutinized because of the

fear that those materials will be possibly used by the armed militia. Metal objects, such as tin cans

were also banned, fearing that these metals might be used to make weapons, leading to the result

of local farmers ran short of containers to preserve their food. A range of chemicals including

certain fertilizers and pesticide, which may be used in the production of explosives, were also

banned. The total catch had been halved since the implementation of the control measures on

fishing, and was still decreasing. Local food production had been reduced by a third of its past

level because of the restriction on the import of fertilizers and pesticides. The population then

entirely depend on food import, which is insufficient, to survive on the coming autumn and winter.

For almost 2 months, Gusman announced suspension of all imports including import of

humanitarian aids. Hospitals were likewise observed to have lacked of medical stores and were

not able to maintain their equipment or make necessary repairs which affects the services to the

civilians. Islanders posted numerous complaints about their poor living conditions, the lack of

medical services and medicines on various social media sites. In some cases, especially in remote

areas, a small ailment could develop into serious illness for lack of treatment. A United Nations

Development Programme (UNDP) report stated that damage to sewerage networks and pumping

stations was left unrepaired in which thousands of Yukulers were affected. The report indicated
that the water supply was largely unfit for consumption in Yukule. It is clear that insufficiency

and inadequacy of objects indispensable to the survival of civilians existed.

The law provides that it is prohibited to deprive civilians of objects indispensable to their

survival, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock,

drinking water installations and supplies and irrigation works, for the specific purpose of denying

them for their sustenance value to the civilian population or to the adverse Party, whatever the

motive, whether in order to starve out civilians, to cause them to move away, or for any other

motive.1

As to the second element, Gusman intended to starve civilians as a method of warfare.

The ICC Statute, Article 30(2) (b) describes intention as the perpetrator being aware that the

consequence will occur in the ordinary course of events. Gusman being the Commander-in-Chief

of the Armed Forces was aware of the consequences of such actions. It is very clear in the case at

hand that as the effect of the directives of Gusman, the civilians will go short of food or worst will

have nothing to eat. The import and fishing control imposed caused starvation of civilians in

Yukele.

As to the third element, it is undisputed that the conduct took place in the context of and

was associated with an international armed conflict. The association existed where the armed

conflict played a substantial role in the perpetrators decision, in his or her ability to commit the

crime. The connection between the offence charged and the international armed conflict existed

when the acts of Gusman, regarding the import and fishing control imposed in Yukele were taken

1
Art 54 (2), Protocol I
with the view to block the supply of weapons to the local militia and pressure the population to

disengage from the unrest.

As to the fourth element, Gusman was aware of factual circumstances that established the

existence of an armed conflict. Gusman was the Commander-in-Chief of the Armed Forces,

therefore, he was aware of the factual circumstances of the armed conflict.

The International Committee of the Red Cross reiterated that it is prohibited to set out to

starve civilians as a method of warfare, i.e. the old siege concept. It is also prohibited to direct

attacks against, destroy, remove or render useless objects vital to their survival, such as foodstuffs,

agricultural areas for the production of food, crops, livestock, drinking water installations and

supplies for irrigation works. This prohibition does not apply to objects that are being used solely

by the armed forces or in direct support of military action. Even then, however, if these attacks

would adversely affect the civilian population, i.e. leave it with inadequate food or water, cause

starvation or force it to move, then they are prohibited.

WHEREFORE, the prosecution prays that this Honorable Court, render judgment finding

the accused guilty of the crime charged.