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I am Brigette Domingo
together with my co-counsel Ms. Patricia Eustaquio appearing for the prosecution.
For 15 minutes, I will be making two submissions. First, that there is an international armed
between Temeria and the RLF; and second that Col Rivia is responsible for the war crime of
excessive incidental death, injury, or damage to the population of Velen.
And we reserve 10 mins for rebuttal. If there are no preliminary questions, I will now proceed to
my first submission.
second that the Rennish people are fighting in the exercise of their right to self-determination;
(SHELF)
I. ART 1, AP 1, 1949 GENEVA CONVENTION (IAC includes AC with
people fighting….)
v. Colonial Domination and Racist Regime is present
d. and third, that Temeria, including Rivia and his men, considerd the conflict against
Lyria as a conflict against the RLF (SHELF)
i. (par 9) TAF arrested a Lyrian intelligence agent transporting weapons inside
Temeria.
ii. (par 10) TAF constructed a wall ever since this incident which was seen by
Lyria as an act of aggression. Having expressed this sentiment, Lyria became
involved in the subsequent clashes between the TAF and the RLF.
iii. Clashes between the TAF and the RLF disclosed that the RLF and the LDF are
using the same weapons system (shell casings, rifles with erased numbers to
preven the same from being traced back to Lyria) which means that the TAF
are aware that the LDF materially supports the RLF especially since the TAF
were the ones responsible for the seizure of the weapons every after clash (10-
14)
iv. Independent news organizations reported that the RLF training camps were
located in the Skellig mountains within Lyrian borders. (par 16). A video
footage was leaked disclosing that Geralt was a member of the RLF and that
he and some members of the Rennish Freedom Party are funneling funds to
the RLF. (par 13) After resigning as a pariliament member, Geralt announced
on YT that he is the new leader of the RLF (par 15). All of these were disclosed
to the general public.
1. AL JAZEERA – has editorial independence and has a reputation for
empowering groups previously lacking a global voice. Major global
news organization.
2. REUTERS – int’l news organization. “value-neutral approach”
v. RIVIA is the area commander of the TAF; thus he and his men are aware that
the conflict was indeed against Lyria and not just against a random rebel force
(par 20).
IV. Rivia is responsible for the war crime of excessive incidental death, injury or damage
to the population of Velen.
A. The war crime was committed through the Siege of Velen. (par 17)
a. The TAF cut off vital and essential supplies (medicine, food) to Velen
i. (par 17-19) The TAF regained control over half of the liberated zone by
September 2013. The following month, TAF succeeded in completely
cutting off the supplies to Velen. (OCTOBER 13 DIRECTIVE 66)
b. The siege of Velen resulted in clearly excessive incidental death, injury or
damage to the City of Velen which are clearly excessive in relation to the
concrete and direct overall military advantage.
i. PROSECUTOR v. Galic Excessive Incidental death, injury or damage -
Death, injuries, or damages incidental to the attack are clearly
excessive when disproportionate to the entire military objective.
Stanislav Galic is the commander of the Corps of the Sarajevo
Army. He was convicted for war crimes committed during the siege
of the Sarajevo.
ii. ICRC COMMENTARY CONCRETE AND DIRECT OVERALL
MILITARY ADVANTAGE
iii. AP1, ART 52 (Civilian objects must not be object of attack/Military
object: (1) contribute to military action (2) whose destruction would
give a definite military advantage)
iv. APPLICATION
1. AS TO MILITARY OBJECTIVE: TAF’s objective was only
to destabilize. (arms embargo&ESSENTIALS)
i. MASSIVE casualties after Directive 66 (Oct 15).
2. AS TO EXCESSIVENESS:
a. AP 1, ART 54 DEFINITION OF I.A. (2 yun)
b. 120,000 remained wt RLF in Velen after evacuation.
c. BLANKET and SHOOT-ON-SIGHT by UNIT 50 LED
TO Starvation and cholera (immediate cause is
destruction of water main; proximate cause is lack of
medicine to cure them) (Par 21-22).
d. This is related to the siege because in cutting off the
supplies to the RLF civilians are adversely affected for it
is impossible to determine who the RLF is or who the
civilians are.
c. Rivia knew that the attack would result in the clearly excessive incidental death
injury and damage to the city
1. Being the area commander, Rivia oversees the cutting off of
supplies to Velen and thus, he knew or should’ve known that it
would result in clearly excessive incidental death, injury and
damage to the city in the ordinary course of events. (Par 20)
2. Rivia’s men also facilitated the evacuation of the citizens of
Velen and so he and his men knows that out of 150,000 people,
only 30,000 of them were safely evacuated before the institution
of the shoot-on-sight and blanket no-entry no-exit policy. (par
20-21)
3. AP1, ART 57 (TAKE ALL FEASIBLE
PRECAUTIONS..MINIMIZING INCIDENTAL..)
i. The literal meaning of Article 7(3) is not difficult
to ascertain. A commander may be held
criminally liable in respect of the acts of his
subordinates in violation of Articles 2 to 5 of the
Statute. Both the subordinates and the
commander are individually responsible in
relation to the impugned acts. The commander
would be tried for failure to act in respect of the
offences of his subordinates in the perpetration
of which he did not directly participate
B. Rivia is individually criminally responsible as the war crime was the intented result of
the issuance of Directive 66
For 15 minutes, I will be discussing the remaining submissions, that Col. Rivia Is Not Responsible
for The War Crime of Attacking Humanitarian Personnel; and that Directive 66 did not declare no
quarter will be given to the RLF.
I. Col. Rivia Is Not Responsible for The War Crime of Attacking Personnel or Objects
involved in a humanitarian mission
LEGAL BASIS:
(PAUSE) (PAUSE)(PAUSE)
PROCEEDING TO THE THIRD COUNT.
II. The language of Directive 66 could not be said to have declared that no quarter will be
given.
LEGAL BASIS:
ROME STAUTE ART 82b12
1. The perpetrator declared or ordered that there shall be no survivors.
2. Such declaration or order was given in order to threaten an adversary or to conduct
hostilities on the basis that there shall be no survivors.
3. The perpetrator was in a position of effective command or control over the subordinate
forces to which the declaration or order was directed.
4. The conduct took place in the context of and was associated with an international
armed conflict.
5. The perpetrator was aware of factual circumstances that established the existence of an
armed conflict
No Quarter: The captured will not be given place of stay or residence and none therefore
shall be taken prisoners and so everyone captured will be killed.
Jurisprudence:
ICRC
Opportunity to Surrender:
i. main objective of the directive : DESTABILIZE THE RLF by cut off of
supplies
1. Directive 66 merely instructed the TAF “to take all necessary
measures to cut off the RLF’s means of fighting” (par. 20).
2. This cannot reasonably be construed to mean a declaration that
there shall be no survivors rather, it merely allows the TAF to do
what the situation requires them to do.
3. This includes cutting off RLF’s supplies.
ii. Directivee 66 was not given in order to threaten the RLF on the basis that
no quarter shall be given;
1. “remember who we’re fighting, the RLF are barbarians, they take
no prisoners” only describes the RLF as their enemy at most (par
20)
2. If anything, it is intended to boost the TAF’s morale by mentally
preparing them for their fight against the RLF.
iii. there was an opportunity to surrender for the RLF.
1. there was an opportunity to surrender because following the
issuance of Directive 66, information was also disseminated telling
the RLF to surrender in an attempt to pre-empt further conflict
(par. 20)
2. LEAFLETS WERE NOT FROM RIVIA HIMSELF; IT
COULDVE BEEN DISSEMINATED BY
3. “fight to the bitter end” NOT NECESSARILY MEAN DEATH.