1.

ts-

i. Firstly it will prove that transal wanted to destroy tamaris ethnicity.

ii. Secondaly it will be proved that transal wanted them to destroy in part.

2. It is submitted that transal project of nation specifically for keljukians in the backdrop
of a leterogenerous demography confirms the intent to exclude them by violence.

3. Moving on to the second element the intention to destroy them in part becomes
evident when govt. official of tamaras ethnity were targeted

4. Lastly it is submitted that the conduct of assassinating govt. officials of tamaras

ethnicity would render the nation leaderless and therefore the conduct must be seen as
onethat could itself effect destruction of tamaras ethnicity.

WAR CRIMES(PG. 11)

1. The counsel humbly submit that the war crime have been committed in the instant
case.

2. For holding any accused liable for commission of war crimes four essential elements
need to be fulfilled. They are

i. An armed conflict must exist

ii. The accused must be aware of the factual circumstances that establishes the
same

iii. Victims had enjoyed protected status

iv. Lastly, the accused must be aware of the same.

3. The counsel is pressing that NIAC existed in dragoonia.

4. (pg. 39). The counsel humbly invites the attention of the bench to the icty appeals
chamber decision in tadic case. It was pointed out that niac existed whenever atleast
one party to the combat is not a state. Therefore, the armed conflict that existed
between KLA & Dragoonia was of NI nature.

5. In the same judgment it was also pointed out that in order for an armed conflict to
exist there are two determinative elements – intensity of the conflict and organisation
of the party.

6. After transal started airing his videos , violent demonstrations erupted throughout
dragoonia, in one of the incident 128 protestors 28 police personnels died along with
8 collateral casualties .
7. Not only that , when govt. officials of tamaris ethnicity were murdered by KLA at
transal’s command, the dragoonean army launched “operation ragnarok” to weed out
the fissiparous elements; thereby proving that the intensity element has been fulfilled.

8. Now the counsel invites the attention of this HON’BLE Bench to p.32. of the fact
sheet. It is submitted that KLA was formed with a

i. Delineated objective of being free of the employer and attain self rule

ii. Secondly they also declared the means of achieving there objective is violent.

9. And transal wasn’t there only leader when “ operation ragnarok” was launched it is
mentioned in the fact sheet that presence of several other leaders & cardholders were
deteted too, thereby, proving that kLA was organised enough to sustain an armed
conflict. And when they attacked govt. officials they expected an attack of similar
magnitude and the same was based on their capacity to sustain a military operation.

10. It is now submitted that the three accused are aware of the factual circumstances that
establishes the existence of an armed conflict because transal was one provoked the
citizens of the drogoonia to indulge in heinous crimes and same was facilitated by
SCC whose heads were trapta & King.

11. Having established the 2nd essential the counsel will move on to the 3rd and 4th ones. It
is submitted that the accused enjoyed “protected status” U/A of the GCs and Article
8(2)(c) of the ICC statute because they were govt. officials who weren’t participating
in armed violence.

12. And on the basis of legal principles - “ignoriantia juris non excusat”, it is submitted
that the three accused are bound to know about the “ protected status”, since both
dragoonia and somland are signatories to the GCs.

13. Having establish the common essentials to all WCs U/a 8(2)(c), the counsel will
attempt to prove the two war crimes charged have taken place.

14. It is submitted that WC of murder has been committed

15. It was pointed out by ICTY TC that the accused must be a substantial cause of the
death of the victims.

The govt officials of tamaris ethnicity were only murdered because the transal ordered
members of KLA to do so, thereby proving his liability.

16. It is now contended that transal is also liable for crime of outrages upon personal
dignity.

17. It has been mentioned in elements of crime that for the purpose of this crime, ‘person’
also include the dead ones.
18. It is submitted that the govt. official were murdered and, stripped naked & painted red
because transal had ordered KLA to indulge in this crime.

SUPERIOR RESPONSIBILITY(PG.19)

19. It is submitted to this honble bench that king and trapta are responsible for Superior
responsibility u/a 28(B).

20. At the outset it must be mentioned that ‘SR’ establishes “omission liability”.

21. There are three essential element that need to be fulfilled to establish SR, they are-

i. Superior must exercise effective control over his subordinates

Pg.3: the king is the principal stakeholder and is the head of all state based
corporation

ii. Pg.5: it is mentioned that content of SCC can be regulated for maintaining
peaceful relation between nations p 13 & 17 trapta is chief executive of SCC
and chief general editor for entire content dept of both SCC & DCC.

The accused must consciously disregard info about the crimes. It is submitted
that being heads of news corporation, the accused Can’t deny knowledge
about dissemination of virulent videos.

It is therefore submitted that they consciously disregarded info abt commission

of offences.

iii. The accused failed to take reasonable & necessary precautions to repress the
prevent the furtherance of the crime.

Neither was tv show censored nor was transal video removed thereby fulfilling
the last elements.