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Count 1 Willful Killing of Tribal People Constituting War Crimes'

Commander Jeremy Kaloch of Manochistan Army, Mr. Jabralter Manoch and Lucifer Rhina are accused of two war crimes under the Rome Statute: 1. Willful killing of tribal people, which resulted in at least 5,000 civilian deaths as the Manochistan army cleared areas for development projects. 2. Torture and inhuman treatment of tribal people, including keeping 20,000 people in concentration camps where they were denied food, women were trafficked and families separated. The actions were meant to eliminate opposition and assert government control over tribal areas.

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61 views3 pages

Count 1 Willful Killing of Tribal People Constituting War Crimes'

Commander Jeremy Kaloch of Manochistan Army, Mr. Jabralter Manoch and Lucifer Rhina are accused of two war crimes under the Rome Statute: 1. Willful killing of tribal people, which resulted in at least 5,000 civilian deaths as the Manochistan army cleared areas for development projects. 2. Torture and inhuman treatment of tribal people, including keeping 20,000 people in concentration camps where they were denied food, women were trafficked and families separated. The actions were meant to eliminate opposition and assert government control over tribal areas.

Uploaded by

Himanshu
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© © All Rights Reserved
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WHEATHER ACCUSED IS GUILTY OF FOLLOWING CRIMES UNDER ARTICLE 8 OF THE

STATUTE

Pursuant to Art. 8 of the Rome Statute, the Office of the Prosecutor has concluded that there are reasonable
grounds to believe that Commander Jeremy Kaloch of Manochistan Army, Mr. Jabralter Manoch and
Lucifer Rhina bear criminal responsibility under Art. 25(3) (b) of the Rome Statute for the following
crimes:
Count 1
Willful killing of tribal people constituting ‘war Crimes’
(Article 8(2)(a)(Ⅰ) of the Rome Statute)
Article 8 (2) (a) (Ⅰ)1
War crime of willful killing
Elements
1. The perpetrator killed one or more persons.
2. Such person or persons were protected under one or more of the Geneva Conventions
of 1949.
3. The perpetrator was aware of the factual circumstances that established that protected
status.
4. The conduct took place in the context of and was associated with an international
armed conflict.
As per the article 3 and 13 of Geneva conventions relative to the protection of civilian persons in time of
war of 1949, person taking no part in hostilities are saved from any attrocites.

In the case of Al Bashir, the Chamber had already held:


[...] according to the Statute and the Elements of Crimes, the definition of every crime
within the jurisdiction of the Court includes both contextual and specific elements.

Hence, the Chamber will first analyze whether there are reasonable grounds to believe that the contextual
elements of the crimes alleged by the Prosecution in the Prosecution Application are present, and only if the
answer is in the affirmative, will turn its attention to the question as to whether there are reasonable grounds
to believe that the specific elements of any such crime have been met.
In this regard, the Chamber observes that article 8(2)(f) of the Statute, which defines "armed conflicts not of
an international character" for the purpose of article 8(2)(e) of the Statute, states that:

1
The Elements of Crimes are reproduced from the Official Records of the Assembly of States Parties to the Rome Statute of the
International Criminal Court, First session, New York, 3-10 September 2002 (United Nations publication, Sales No. E.03.V.2 and
corrigendum), part II.B.
Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply
to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of
violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory
of a State where there is a protracted armed conflict between governmental authorities and
organized armed groups or between such groups.

The Chamber has also highlighted that article 8(2)(f) of the Statute makes reference to "protracted armed
conflict between [...] organized armed groups", and that, in the view of the Chamber, this focuses on the
need for the organised armed groups in question to have the ability to plan and carry out military operations
for a prolonged period of time.

The Manochistan government in order to curb to the challenges to the centre’s writ, adopted a policy of
eliminating innocent people opposing the committed scheme of government with republic of Rhina.
Manochistan government had given the power to Republic of Rhina to station their republican guard in
Kalochistan responsible of security of commercial establishments. Under pretext of neutralizing the
terrorists many innocent civilians were killed. As per the record of the Manochistan Wing of Amnesty
International released annual report Manochistan army along with local leader of Kalochistan, Jeremy
Kaloch has committed atrocities on people killing at least 5000 civillians to clear areas for construction of
roads and establishments for GROW initiative. Also the Human Rights watch in its detailed report confirms
the mass death caused in concentration camp and extrajudicial murders committed just for smoothening the
way and grabbing the tribal resources.

Count 2
Torture and inhuman treatment constituting ‘war Crimes’
(Article 8(2)(a)(Ⅱ) of the Rome Statute)
War Crime of Torture:
Elements
1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
2. The perpetrator inflicted the pain or suffering for such purposes as: obtaining information or a
confession, punishment, intimidation or coercion or for any reason based on discrimination of any kind.
3. Such person or persons were protected under one or more of the Geneva Conventions of 1949.
4. The perpetrator was aware of the factual circumstances that established that protected status.
5. The conduct took place in the context of and was associated with an international armed conflict.
6. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

War crime of inhuman treatment:


The main element of War crime of inhuman treatment is ‘The perpetrator inflicted severe physical or
mental pain or suffering upon one or more persons.’

As per the article 32 and 147 of Geneva conventions relative to the protection of civilian persons in time of
war of 1949, inflicting torture and inhuman treatment to the persons so protected by the convention is
considered to be the grave breaches.

Under article 8(c) (Ⅲ), it is given that:


“Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-
establish law and order in the State or to defend the unity and territorial integrity of the State, by all
legitimate means.”
However the army of Manochistan in connivance with army of republic of Rhina has tortured the men,
women, and children who were just telling the government that this initiative on part of theirs is
undermining their tribal autonomy which is the material breach of treaty under article 60(Ⅰ) of the Vienna
Conventions on the law of treaties, 1969. The people were kept in concentration camps and were not given
food to eat. Women were trafficked; severed from their families and sold. According to report of Amnesty
International 20000 people were displaced from the native place. All these torture and inhuman treatment
caused mental agony to people. The dossier sent by DCKP appraising the state of Manochistan of the
attrocities done on innocent people. However, without prompting with any action, state has omitted its state
of responsibility towards its citizen. In a sting operation by Private Manoch news channel, the defence
minister of State of Manochistan wherein in the video Mr. Daneil Manoch was seen as saying that it is only
better that the republican guards of Rhina are taking the Kaloch women away as this will lead to exodus of
Kaloch people, and finally there will be peace in that tribal areas, and the writ of State of Manochistan will
prevail in the areas. Thus, intention of the government was lucid that by disrobing the tribals of their place
by torturing and inflicting inhuman treatment on them.

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