GROUP 1

HUMAN RIGHTS WARRIORS

Abangan, Stephanie V.
Ang, Ammiel
Artigas, Choystel Mae
Cuizon, Razel V.
Decena, Leona
Gasper, Era R.
Lofranco, Aleycx Justin C.
Maturan, Marie Bernadette M.
Samad, Azisa
Torres, Maria Cates
Toledo, Aubrey Angela S.
Valladores, Ara Joy C.

CASE CONCERNING LIBERTARIA

THE PROSECUTOR
VS
JOSEPH RABUKO, ET AL.

MEMORIAL FOR APPLICANT

October 28, 2018

 1A

CASE CONCERNING LIBERTARIA

THE PROSECUTOR
VS
JOSEPH RABUKO, ET AL.

October 28, 2018

 TABLE OF CONTENTS

Description Page No.

Statement of Facts
Background 1
Division among the Administrative Districts 1
Effect of Economic Progress to the Division of Districts 2
Beginning of the Tension of the Prime Minister and the President 3
Tension Worsened with the Involvement of the Libertarian
Liberation Front Terrorist Group 3
Main Cause of War 4
Brutalities, Killings, and Violence by the Pro-TsombeArantics
with the LLF Terrorist Group 4
Brutal Suppression of Rebels by the Pro-RabukoNaasthist Factions 5
Report to the United Nations 7
Statement of Jurisdiction 7
Issues Presented 8
Summary of Arguments 8
Arguments/Pleadings 9
Prayers for Relief 12
 INDEX OF AUTHORITIES

Description Page No.

Cases
Kayishema and Ruzindana, (Trial Chamber),

May 21, 1999, para. 93, 527 8

Prosecutor vs Akayesu Para.555 9

Prosecutor vs Akayesu,Para.580 10

Prosecutor v Bagilishema, Case No. ICTR-95-1A-T,

Trial Chamber, June 7, 2001, para. 38 10

Prosecutor v. Blaskic, Case No. ICTY-IT-95-14-T, para. 788 9

Prosecutor v. Delalic (Judgment), Case No. ICTY-IT-96-21-T,

Trial Chamber, 1998, para. 346 10

Prosecutor v. Halilovic, Case No. IT-01-48-T, Trial Chamber,

November 16, 2005, para. 36 10

Prosecutor v. Krnojelac (Judgment), Case No. ICTY-IT-97-25-T,

Trial Chamber, 2002, para. 95 10

Prosecutor v. Krstic (Judgment),No.IT-98-33-T(‘Krstic’) Para.542 8

Prosecutor vs. Strugar, Paragraph 225 11

Description Page No.
Statutes
Article 6 par. (a) of Rome statute 9
Article 7, 1(b) Rome Statute of the International Criminal Court (1998) 9
Article 8(2)(b)(ix) Rome Statute of the International
Criminal Court (1998) 11
Article 8(2)(b)(xviii) Rome Statute of the International
Criminal Court (1998) 12

Other Authorities
Official Records of the Review Conference of the
Rome Statute of the International
Criminal Court, Kampala, 31 May -11
June 2010 (International Criminal Court
publication, RC/11), part II 12
STATEMENT OF FACTS
Background
On the continent of Astoria, Libertaria and Karatanga are two neighbouring independent
states, both situated on the coast of the Sea of Thethys. Libertaria lies to the north of Karatanga.
Their common eastern neighbour is Mirambique, separated by a long chain of Aravali Hills. The
area is inhabited by a number of major and minor tribes each of which has its own dialect. The
tribes along the Mazon river that flows through Libertaria and Karatanga and serves as border
between Karatanga and Mirambique, were all Karmiks, followers of the Karmik religion.

They cremate their dead and keep the ashes in mud pots buried behind the Rha temples.
Arantic traders came sometime in 16th century from the nearby Gondvanian continent in search
of spices and engaged in trade with the Karmik tribes mainly along the banks of the Mazon and
the coasts of Libertaria and Karatanga.

Most of these tribes were converted to the Arantic religion that believes in a formless
god, and permits prayers in the respective tribal languages and burial of the dead in a separately
designated burial ground part of which would also serve as a community prayer hall in each
village.

Division among the Administrative Districts

The Arantic imperial administration quickly divided the territory under its control into
three administrative districts, identical with what are present Libertaria, Karatanga and
Mirambique. The district boundaries were drawn rather arbitrarily, for administrative
convenience, often in total disregard for the principle of integrity of a tribe and as a result many
tribes got divided.

The imperial administration found ready support from many of the Naasthist tribes of
Mirambique due to their traditional rivalries with the tribes of Libertaria and Karatanga. The
Naasthists had not forgotten the role played by these tribes (particularly those of Libertaria now
converted to Arantic religion), in the downfall of the Swahelian Empire.

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 After the Second World War, the Astorian continent too was swept by the waves of
nationalism. Finally on 15 August 2001, the Arantic Empire in central Astoria broke into three
independent countries.

Effect of Economic Progress to the Division of Districts

East Rand Central Gold Mining Company is a Eurasian minerals multinational company
headquartered in Eurasia, a prosperous country neighbouringArantia in Gondvania. It has been
operating since 1901 in many parts of Mirambique and the eastern borders of Libertaria and
Karatanga.

The Naasthist highland tribes have been the natural beneficiaries of the operations of the
company whose Social Democrats predominantly of Karmiks, yet the elections produced stable
governments because the governments practiced secularism and social toleration.

In Karatanga, in spite of the three religious parties, there could be no stable government,
until in 2014 the army stepped in and decided that one-third of members of Parliament should be
nominees of the army and the rest to be elected by open elections, and that the Prime Minister
should also be an army nominee.

Three successive elections produced volatile coalition governments in Mirambique, and

finally the army took over the governance in March 2016, and it appointed a 20-member
Revolutionary Council headed by the Chief of the Army.

Beginning of the Tension between the Prime Minister and President

In the August 2015 elections in Libertaria, the National Socialists and Democratic
Nationalists jointly mustered a comfortable majority and elected an Arantic leader, Roger
Tshombe as the Prime Minster. He has been a vocal supporter of nationalisation of all mining
activities in the country, as he prescribed it as a panacea for strengthening what is essentially an
agricultural economy. Soon after forming his government, Tshombe sought to nationalise all
mining activity in the country through an ordinance.

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 President Joseph Rabuko rejected the cabinet’s request for promulgation of the
nationalisation ordinance, contrary to the constitutional provisions. Rabuko, though a
Democratic Nationalist, was an ultra-conservative Naasthist, who was suspected to have had
links with East Rand. The battle-lines were drawn between the supporters of the Prime Minister
and those of the President. Both sides began organising their respective cadres and tribes for an
eventual showdown.

Tension Worsened with the Involvement of the Libertarian Liberation Front Terrorist Group

The situation in Libertaria slowly began deteriorating into a civil war between the pro-
TshombeArantics mostly living on the eastern and western banks of the Mazon and the pro-
RabukoNaasthists.General Noa Tendon, the Prime Minister of Karatanga, himself a hardcore
Naasthist, decided to help President Rabuko’s supporters by slipping through the porous borders,
arms and ammunitions and plenty of Karatangan troops in civilian clothes as volunteers.

This was well appreciated by General Rambo Chicanooga, the Chairman of the
Mirambique Revolutionary Council, who has actively been promoting the training, arming and
equipping of a Libertarian Naasthist terrorist group (Libertarian Liberation Front: LLF) in
guerrilla warfare through a number of camps dotted all along the border with Libertaria. LLF has
been regularly striking at Arantic strongholds in Liberia.
However, LLF operations in Libertaria were outside any control from the Mirambique
government. Both its chief Col. Sano NBonga as well as the Mirambique government ensured
this.

Main Cause of the War

On 24 March 2006, Roger Tshombe's car was ambushed. He died on the spot. It was
widely believed that this was the handiwork of certain pro-Rabuko militants who had just
crossed the border after training in a nearby terrorist camp in Mirambique. This triggered serious
fighting all over Libertaria between the Pro-TshombeArantics and Pro-RabukoNaasthists.
President Rabuko proclaimed a national emergency, appointed his close confidant and fellow
Naasthist, General Patton Kanube, as the chief of the Libertarian armed forces, and by an official

Page 3
decree of 27 March 2016 authorized him “to take whatever action necessary to quell the fighting
and as far as possible to eliminate the pro-Tshombe militancy.”

Manos Tshombe, the former Libertarian Minister of the Interior and a brother of the late
Prime Minister Roger Tshombe, took over the leadership of the pro-Tshombe rebels. Determined
to teach the President a lesson and send a stern warning of terror to Rabuko supporters from both
inside and outside the country.

Brutalities, Killings, and Violence by the Pro-TsombeArantics with the LLF Terrorist Group
Manos Tshombe led a dedicated group of fighters, laid a surprise siege to the President’s
Longo tribe living in a cluster of six villages in Longos in the central Libertaria, with the help of
the surrounding Arantic tribes, and massacred the entire Longo tribe. The Astoria Sun of 26 June
2006 reported as follows- “Manos Tshombe’s armed men attacked several times the local
population in the six Naasthist villages, often raping and pillaging like maniacs.Those who
resisted were branded Rabuko supporters and faced detention or death. The Tshombe men
accused the villagers of collaborating with the President, they returned again and again to the
villages at night and extract revenge. Sometimes they marched the villagers into the bush to work
as human mules, starving them to death.
At the end of two weeks of the siege, only ten of the 9000 villagers were found alive in
these villages, perhaps because they were Arantics. The deathly stink emanated from the badly
mutilated human bodies strewn around. The marauders did not even spare the ancient Naasthist
temples that were UNESCO protected monuments."

Brutal Suppression of Rebels by the Pro-RabukoNaasthist Factions

This incident in fact further strengthened the resolve of the Libertarian national army
dominated by pro-RabukoNaasthist factions to suppress the rebels by whatever means possible.
The Naasthist tradition sanctioned the rule of an-eye-for-an-eye, if peaceful measures failed to
secure justice.

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 The traditional measure of justice demanded payment of 20 cattle heads for each loss of
human life. General Kanube demanded of the Pro-Tshombe tribes’ adequate payment of
compensation to settle the issue within 36 hours. Manos Tshombe ridiculed the proposal. On 30
June, a Rapid Action Force (RAF) from General Kanube’s army led by Lt. General Jacob Smith
and his five trusted partners of International Security Inc., a private security firm in Eurasia (all
of them had contracts with the Libertarian army to train the RAF) mounted an attack on nine
Arantic villages of the Zimbaloon region, the birthplace of the late Roger Tshombe.

The attack force was also participated by the ‘volunteers’ from Karatanga and the
terrorists trained by Mirambique training camps. All Arantic villages in Zimbaloon were
decimated by carpet bombing by an RAF. This included the Redfort, a 14th century Swahelian
fort made of red stone with exquisit Greco-Arantic art tastefully carved in, and a number of
schools. The entire forests were destroyed forever by the use of Agent Orange. The attack force
staged more than a reverse repeat of the Longos. “Revenge” was the war cry!

Subsequently, however, General Kanube clarified that his forces never meant to destroy
the Redfort, schools and forests, and that it happened because of a technical flaw in the bomb
release mechanism in the bomber. The attack on Zimbaloon triggered a full scale anti-Arantic
witch-hunting throughout the country.

Lt. General Jacob Smith led from the front. He instructed his subordinates: “I do not want
any Arantic prisoners of war. I will be happier if no Arantic stays alive.” This statement was
circulated among the non-Arantic rank and file of the army. It was discovered that Manos
Tshombe along with 220 of his followers was hiding in a cave in his native village in Zimbaloon.
A battallion of RAF led by Col. Ramsey McGibbon, a partner in International Security Inc.
killed them all by using a poison gas.

The Astoria Times of 26 November 2016 published a report released by the Amnesty
International which stated: “Almost five months of fighting has killed half a million in
Libertaria. Many of the dead are Arantic children. The LLF kidnaps Arantic and non-Arantic

Page 5
children between 9 and 14 years of age and forces them to join its ranks. And so, incredibly,
children are not only the main victims of this war, but also its unwilling perpetrators.

Many Arantic girls had been given to RAF commanders as "wives" and forced to cohabit
with them so that they would bear Naasthist children. The boys said they had been forced to walk
for days like human mules carrying military supplies through inaccessible jungles from one
village to another, always aware that they would be killed if they showed any weakness or
hesitation.

In some cases, Arantic children are forced even to mutilate and murder their family
members. Every night up to 10,000 children walk into the nearest Arantic night shelters, because
they are not safe in their own beds. More than 25,000 children have been kidnapped by the
Libertarian army alone and an average of 20 children has been abducted every week. On a rough
estimate some 125,000 Arantic tribesmen, men and women of all ages including children have
lost their lives in the five months of fighting. Some 10,000 Muktidhams were devastated and
desecrated”

These innocent lives were affected and killed during the brutality of the steps taken by
the Pro-RabukoNaasthist factions to suppress the hostilities caused by the Pro-Tsombe, and the
LLF.

Report to the United Nations

The report raised alarm at the United Nations. However, all the three central Astorian
governments promptly denounced it as being one-sided. They also pointed to the ominous
silence of AI when the Longos massacre took place.On 6 December 2016, the Council finally
adopted, acting under Chapter VII of the Charter, Resolution 1540 declaring that a civil war
existed in Libertaria, that acts of genocide and crimes against humanity have been committed by
all sides of the conflict, and that all parties to the conflict forthwith cease and desist from any
acts of hostilities, acts of genocide and crimes against humanity. The resolution also requested
the International Criminal Court to investigate, try and duly punish the guilty persons. By the

Page 6
same resolution, the Council authorised a UN Peacekeeping Force for Libertaria (UNPFL) to
restore peace and security.

STATEMENT OF JURISDICTION
The International Criminal Court has jurisdiction to try and decide the case. Article 5
expressly states that the Court has jurisdiction with respect to crimes against humanity and war
crimes. The Court may exercise its jurisdiction with respect to a crime referred to in Article 5 in
accordance with the provisions of this Statute if the Prosecutor has initiated an investigation in
respect of such a crime in accordance with Article 15. Those aforementioned conditions exist in
this case.

ISSUES PRESENTED

1.) Whether or not General Patton Kanube, Col. Ramsey McGibbon, Lt. General Jacob
Smith, Col. Sano NBonga, and President Joseph Rabuko are liable for the crime of genocide.

2.) Whether or not General Patton Kanube, Col. Ramsey McGibbon, Lt. General Jacob Smith,
Col. Sano NBonga, and President Joseph Rabuko liable for the crime against humanity of
extermination.

3.) Whether or not General Patton Kanube, Col. Ramsey McGibbon, Lt. General Jacob
Smith, Col. Sano NBonga, and President Joseph Rabuko liable for intentionally directing attacks
against buildings dedicated to education, art, or historic monuments, provided they are not
military objectives under Article 8(2)(b)(ix) of the Statute.

4.) Whether or not General Patton Kanube, Col. Ramsey McGibbon, Lt. General Jacob Smith,
Col. Sano NBonga, and President Joseph Rabuko liable for employing poisonous materials or
devices under Article 8(2)(b)(xviii) of the Statute.

Page 7
SUMMARY OF ARGUMENTS

1) General Patton Kanube, Col. Ramsey McGibbon, Lt. General Jacob Smith, Col. Sano
NBonga, and President Joseph Rabuko are liable for the crime of genocide since the actus
reus and mens rea are met.

2) General Kanube, Col. McGibbon, Lt. General Smith, Col. NBonga, and President
Rabuko are liable for a crime against humanity of extermination since the attack is
widespread and systematic.

3) General Kanube, Col. McGibbon, Lt. General Smith, Col. NBonga, and President
Rabuko are liable for war crimes for attacking protected buildings dedicated to education,
art, or historic monuments which are non military objectives.

4) General Kanube, Col. McGibbon, Lt. General Smith, Col. NBonga, and President
Rabuko are liable war crimes for employing poisonous devices.

ARGUMENTS/PLEADINGS

1.) General Kanube, Col. McGibbon, Lt. General Smith, Col. NBonga, and President
Rabuko are liable for the crime of genocide.

The crime of genocide requires the mens rea of the offence, which is described as the
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such; and
the actus reus of the offence, which consists of one or several of the acts enumerated under the
Statute.1
The most crucial element is the mens rea which shows the intention of the accused to
commit genocide. Intent can be inferred either from words or deeds and may be demonstrated by
a pattern of purposeful action. 2 When they purposely mounted an attack on nine Arantic villages

1
Prosecutor v. Krstic (Judgment),No.IT-98-33-T(‘Krstic’) Para.542
2
Kayishema and Ruzindana, (Trial Chamber), May 21, 1999, para. 93, 527

Page 8
of the Zimbaloon region, the birthplace of the late Roger Tshombe and when Lt. General Jacob
Smith instructed his subordinates: “I do not want any Arantic prisoners of war. I will be happier
if no Arantic stays alive,” shows genocidal intent.
President Rabuko is liable for the crime of genocide since he directly or publicly incites
others to commit any crimes. Incitement is defined as encouraging or persuading another to
commit an offence.3
Hence by employing different methods of killing members of an ethnical group4
constituted the actus reus, and the intent to kill Arantics which is a racial and ethnical group
shows the element of mens rea, makes them liable for the crime of Genocide.

2.) General Kanube, Col. McGibbon, Lt. General Smith, Col. NBonga, and President
Rabuko are liable for the crime against humanity of extermination.

The Statute clearly provides that extermination is included as one of the crimes against
humanity, committed as part of a widespread or systematic attack directed against any civilian
population, with knowledge of the attack.5 Article 25, 3 (a), adds that 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: Commits such a crime, whether as an individual, jointly
with another or through another person, regardless of whether that other person is criminally
responsible.6

Gen. Kanube controls the behaviour of his troops7 with knowledge of military discipline to
enforce the norms of IHL. He has a continuing duty and obliged to supervise his units requiring
him to assure his subordinates obey the law. The attack is systematic as it was organized by a
country’s official military.

3
Prosecutor vs Akayesu Para.555
4
Article 6 par. (a) of Rome statute.
5
Article 7, 1(b) Rome Statute of the International Criminal Court (1998)
6
Ibid.
7
Prosecutor v. Blaskic (Judgment), Case No. ICTY-IT-95-14-T, para. 788

Page 9
 Furthermore, Rabuko possessed “effective control‟ over the actions of his units.8 Other
than a superior-subordinate relationship, Rabuko must also take sufficient measures to avoid or
suppress breaches of law,9 because of his superior’s knowledge of crimes perpetrated or about to
be perpetrated by his subordinates.10

The concept of widespread may be defined as massive, frequent, large scale action, carried
out collectively with considerable seriousness and directed against a multiplicity of victims. 11.
The attack is widespread since it involved nine villages and against a multiplicity of victims who
were civilians not taking direct part in the hostilities, resulted the death and casualties of
civilians.12

3.) General Kanube, Col. McGibbon, Lt. General Smith, Col. NBonga, and President
Rabuko are liable for intentionally directing attacks against buildings dedicated to
education, art, or historic monuments.

The Statute provides that other serious violations of the laws and customs applicable in
international armed conflict are those intentionally directing attacks against buildings dedicated
to religion, education, art, science or charitable purposes, historic monuments, hospitals and
places where the sick and wounded are collected, provided they are not military objectives.

In attacking the protected objects, the following elements are observed: (1)The conduct
took place in the context of and was associated with an international armed conflict; (2) The

8
Prosecutor v Bagilishema, Case No. ICTR-95-1A-T, Trial Chamber, June 7, 2001, para. 38.
9
Prosecutor v. Krnojelac (Judgment), Case No. ICTY-IT-97-25-T, Trial Chamber, 2002, para.
95
10
Prosecutor v. Delalic (Judgment), Case No. ICTY-IT-96-21-T, Trial Chamber, 1998, para.
346.
11
Prosecutor vs Akayesu,Para.580
12
Prosecutor v. Halilovic, Case No. IT-01-48-T, Trial Chamber, November 16, 2005, para. 36.

Page 10
perpetrator was aware of factual circumstances that established the existence of an armed
conflict; (3) The perpetrator directed an attack; (4) The object of the attack was one or more
buildings dedicated to religion, education, art, science or charitable purposes, historic
monuments, hospitals or places where the sick and wounded are collected, which were not
military objectives; (5) The perpetrator intended such building or buildings dedicated to religion,
education, art, science or charitable purposes, historic monuments, hospitals or places where the
sick and wounded are collected; and, (6) The perpetrator meant to engage in the directing of an
attack. The evidence showing that the protected building was intended to be the object of the
attack. 13

The Chamber notes that the prohibition of attacks on civilian objects is aimed at
protecting those objects from the danger of being damaged. It further reiterates that a prohibition
against attacking civilian objects is a necessary complement to the protection of civilian
populations. So any, attack against civilian objects, even if it did not cause any damage, can be
14
considered a serious violation of international humanitarian law.

The fact that all Arantic villages in Zimbaloon were decimated by carpet bombing by an
RAF which included the Redfort, a 14th century Swahelian fort made of red stone with exquisite
Greco-Arantic art tastefully carved in, and a number of schools. The entire forests were
destroyed forever by the use of Agent Orange. This is obviously a serious violation of
international humanitarian law.

4.) General Kanube, Col. McGibbon, Lt. General Smith, Col. NBonga, and President
Rabuko are liable for employing poisonous materials or devices.

As provided by the Statute, employing asphyxiating, poisonous or other gases, and all
analogous liquids, materials or devices is considered one of the serious violations of the laws and

13
Article 8(2)(b)(ix) Rome Statute of the International Criminal Court (1998)
14
Prosecutor vs. Strugar, Paragraph 225

Page 11
customs applicable in international armed conflict, within the established framework of
international law.15

Based on the foregoing facts “A battallion of RAF led by Col. Ramsey McGibbon, killed
them all by using a poison gas” the fatalities referred to was Manos Tshombe along with 220 of
his followers. Evidently, all the elements were established to constitute and to indict the
perpetrators of war crime of employing poison or poisoned weapons, which are: (1) The
perpetrator employed a substance or a weapon that releases a substance as a result of its
employment; (2) The substance was such that it causes death or serious damage to health in the
ordinary course of events, through its toxic properties; (3) The conduct took place in the context
of and was associated with an international armed conflict; (4) The perpetrator was aware of
factual circumstances that established the existence of an armed conflict. 16

PRAYERS FOR RELIEF

For the foregoing reasons, the Petitioner respectfully request this Honorable Court to
adjudge and declare that:
1. The accused are criminally liable for the crime of genocide under Article 6(a) of the
ICC Rome Statute.

2. The accused are criminally liable for crimes against humanity of extermination under
Article 7(1)(b) of the ICC Rome Statute.

15
Article 8(2)(b)(xviii) Rome Statute of the International Criminal Court (1998)
16
Official Records of the Review Conference of the Rome Statute of the International Criminal
Court, Kampala, 31 May -11 June 2010 (International Criminal Court publication, RC/11), part
II

Page 12
3. The accused are criminally responsible for war crimes directing an attack against
buildings dedicated to education, art, or historic monuments under Article 8(2)(b)(ix)
of the Rome Statute.

4. The accused are criminally liable for employing poisonous materials or devices
under Article 8(2)(b)(xviii) of the Rome Statute.

On behalf of the Prosecutor

Maturan, Marie Bernadette M.

Agent for the Applicant

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