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2018
TABLE OF CONTENTS
TABLE OF CONTENTS..............................................................................2
PLEADINGS
1. Perpetrator attacked into the buterfly temple were civilian in there and
perpetrator was aware theorof.................................................................7
2. Perpetrator attacked cultural propertiy....................................................7
3. The Perpetrators carry out attacks that have an impact on civil rights
violations.................................................................................................8
4. The perpetrator give orders, solutions or induce crime commisions that
cause severe damage and violate International Law...............................8
2
INDICMENT 3-TREATMENT OF PRISONERS OF WAR WITH
TORTURE UNDER ARTICLE 8(2)(A)(II) OF THE ICC STATUTE
3
PLEADINGS
1
RS,UNDoc.A/CONF.183/9,1July2002[“RS”],Art.13(c).
2
RS,Art.1;Art.17(1).
3
RS,Art.13(c).
4
RS,Art.15(3).
5
RS,Art.15(4).
6
Slye&Schaack, 2010, International Criminal Law &Procedure : Cases&
Materials(2nded,Foundation Press,)p.67.
7
RS,Art.12(1).
8
RS,Art.13(c).
9
RS,Art.1.
10
RS,Art.12(2).
11
RS,Art.12(1).
12
RS,Art.17(2).
13
RS,Art.17(3).
14
RS,Art.17.
15
RS,Art.19(2)(b).
4
challenge jurisdiction,17 Donka or Bonham, which have potential national
jurisdiction, have not objected to Nazir’ prosecution before ICC. Donka agreed, in
the following reconciliation, that allegations of Humman Rights and international
law violants would be investigated and individuals responsible for such violations
would be prosecuted.18 Thus, this Court has jurisdiction over Nazir.
II. INDICTMENTS
To secure convictions19 it is Prosecution’s20 duty to prove both Elements of
Crimes[“EOC”]21 and Nazir responsibility for Donka’s Military Forces, The
Bonham Human Rights Forum (BHRF), The Blues Charity Association (BCA)
and other Organizations were fulfilled as infra.
16
RS,Art.19(2)(a).
17
RS,Art.19(2)(c).
18
Problem 33
19
RS, Art. 66(3).
20
RS,Art. 15.
21
RS.Art. 9(1).
22
RS.Art. 25 (3a)w
23
Problem 15
24
RS.7 (1b)
25
Problem 16
5
caused 50 deaths and more than 100 serious injures.26 This is the responsibility
of prepetrator. On 3 November 2016, local media in Bonham reported after the
last few incidents wich involvves the millitary under Nazir leadership more
than one hundred and fifty (150) people from the northern suburbs of Mewani
went missing as claimed by their family members.27
26
Problem 13
27
Problem 14
28
Problem 16
29
RS.7
30
Article 9 (1) International Convenant on Civil and Political Rights
31
Article 47 Additional Protocol I 1977
32
Problem 19
33
Problem 20
6
between the two parties.34 The fact of BDS presence make the crime against
humanity start from since the deployment of BDS forces, a large number of
Bonhamian people have been reportedly arrested and many of them have gone
missing.35
1. Perpetrator attacked into the Buterfly temple were civilian in there and
Perpetrator was aware theorof
Thourghout the history of Bonham, The temple has served as a secred place
for the Blues religion and for community gatherings of Bonhamians.38 It
means that there will be many civilians present at the festival and BDS39
through the perpetrators have attacked the temple which will cause many
victims, especially civilians who are not involved in the hostilities. This is
proven by the fact that BDS Personnel opened fire inside of the temple for
twenty minutes.40 as result, Twelve (12) people died and seven (7) were
seriously wounded and the wall was riddled with bullets41, and actually the
Butterfly Tample is a UNESCO World Heritage site.42
2. Perpetrator attacked cultural propertiy
In the armed conflict be supposed protection of cultural property shall
safeguarding of and respect for such property.43 When the attaked agains
34
Problem 19
35
Problem 20
36
RS. 25(3)(b)
37
Article 16 additioanal protocol 1977
38
Problem 21
39
Problem 22
40
Ibid,.
41
Ibid,.
42
Problem 21
43
Article 2 the Hague Convention for the Protection of Cultural Properti in the Even of Armed
Conflict.
7
BLO leaders, Perpetrator as part of a plan or policy or such a part of large-
scale commision of such crime wich is destruction of cultural property at
Butterfly Tample, as a consequent of the arrest, ten (10) holly grails were
broken, two (2) massive murals were scrubbed.44 The High Contracting
Parties undertake to respect cultural property situated within their own
territory as well as within the territory of other High Contracting Parties by
refraining from any use of the property and its immediate surroundings or of
the appliances in use for its protection for purposes which are likely to expose
it to destruction or damage in the event of armed conflict; and by refraining
from any act of hostility, directed against such property.45
3. The perpetrators carry out attacks that have an impact on civil rights
violations
Various civil rights are regulated in the covenant on civil and political
rights, such as the inherent right to life46, the right not to be tortured47, the
right not to be slavery48, the right to liberty and security of person49 and
various other rights. this should be respected and guaranteed respect.50 This is
evidenced by the fact that civilians feel panic among people in the area. 51 The
annual Blues Festival cannot carried out well cause of attacks from prepetrator
that civilians feels that there is no freedom to run a religious procession.
In the article 25 (3) (b) 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: Orders, solicits or induces the
commission of such a crime which in fact occurs or is attempted.52 the
44
Problem 22
45
Article 4 the Hague Convention for the Protection of Cultural Properti in the Even of Armed
46
Article 6 (1) International Convenant on Civil and Political Rights
47
Article 7 International Convenant on Civil and Political Rights
48
Article 8 (1) International Convenant on Civil and Political Rights
49
Article 9 (1) International Convenant on Civil and Political Rights
50
Article 2 Internationaal Convenant on Civil and Political Rights
51
Problem 22
52
Article 25 (3)(b) Roma statue
8
perpetrator gave an order to BDS to carry out the attack, and the attack caused
severe damage such as the door to the temple was irreparably damaged and the
wall was riddled with bullets.53
Individual Criminal Responsibility for the war crime of torture54 to the treatment
prisoners , where elements were fullfilled, substantiated as infra:
53
Problem 22
54
RS.8(2)(a)(ii)
55
RS. 28 (A)
56
Problem 28
57
Problem 27
9
3. There’s No Medical Facilities For War Prisoners Who Are Sick In
The Old Building
Every camp shall have an adequate infirmary where prisoners of war
may have the attention they require,58 but in this case ill inmates are taken by
black uniformed guards because there are no medical facilities or personnel in
the building59,they also said, as long as they were locked up, every day they
saw new people being downstairs to the building, many of them came injured
but no knowledge of medical assistance was given. 6 February 2017 quote
from the ICRC reported that visits to old buildings appeared on local media ,
The report shows the conditions of detention not agreed by the ICRC and have
been the subject of a number of recommendations for improvement, in
particular the shortcomings of health services and the psychological impact of
detention detention. The ICRC Health Envoy also arranges for the care needed
by some prisoners who need urgent medical attention.60 This is be a serious
breach61 of the geneva Convention III 12 August 1949.
58
Article 30 GC III 1949
59
Ibid,.
60
Problem 30
61
Article 13 GC III 1949
62
Article 26 GC III 1949
63
Problem 29
64
Problem 32
10
III. RESPONSBILITY
Colonel Nazir is responsible for crimes committed by his subordinates
under (A)superior65 and/or (B)individual responsibility.66 as proscribed in
Article 28(a) of the RS
A. SUPERIOR RESPONSIBILITY
An individual is liable as superior when (i)there exists superior-
subordinate relationship, (ii)he knows, knew or had reason to know crime was
about to be or had been committed, and (iii)fails to prevent or punish
subordinates.67 First, Colonel Nazir had effective control68 the moment appointed
as leader,69 Colonel Nazir was devoted to assessing to current situation and
devising a proper strategy to bring Bonham back under the full authority of the
Donkan government by military means if necessary.70 Thus, Colonel Nazir is
superiorly liable towards all action constituted by [NCC].71
B. INDIVIDUAL RESPONSIBILITY
Notwithstanding superior responsibility, Colonel Nazir can be individually
liable, which would reflect full criminal culpability.72 A person, who planned,
instigated, ordered, committed of a crime, shall be individually responsible for the
crime.73 He indicated that he would personally supervise the operations and would
welcome the assistance of the security forces under the authority of Donka’s
Military. Thus, Colonel Nazir is individually liable.
65
RS, Art28 (b).
66
RS, Art.25.
67
Delalic (Trial Judgment), ICTY-96-21-T, 16 November 1998, 346, ('Celebici').
68
Simic, Tadic, Zaric (TrialChamber), ICTY-95-9-T, 17 October 2003, 659.
69
Problem 11.
70
ibid
71
Problem 22.
72
Kayishema (Judgment), ICTR-95-1-T, 21 May 1999, 210.
73
ICTY Statute,Art.7(1).
11
IV. PRAYER FOR RELIEF
Wherefore Prosecution respectfully request Nazir to be held liable,
superiorly and individually for:
a. The crime against humanity of exermination under article 7(1)(b) of the ICC
Statue
b. The war crime of the intentionally directing attacks against buildings dedicated
to religion under article 8(2)(b)(ix) of the ICC statue
c. The war crime of torture under article 8(2)(a)(ii) of the ICC statue
12