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PROSECUTOR
VS
MR TONY GUZMAN
BEFORE THE
INTERNATIONAL HUMANITARIAN LAW
AT THE HAGUE
JANUARY 2015
I
STATEMENT OF FACTS
A. BACKGROUND
Seven hundred fifty kilometers east of Beretoliesthe Yukule Archipelago
known for its enormous oil reserves, large bird populations, and massivecoral
reefs attracting thousands of tourists every year.With a small agricultural
production, the Archipelagois dependent on oil and tourism as its
primarysources of revenue.
Until 2008, the Archipelago was underBereton control although it
enjoyed complete autonomy in managing its internal affairs, while the Bereton
central government took charge of its defense and foreign affairs.
Struck by a political crisis emerging from the creation of the Crisis
Military Commission as de facto government of the Republic of Astro, theAstron
Armed Forces under the command of Admiral Tony Guzman invaded the
Yukule Archipelago to divert the populations resentment.
On 10 February 2008, a military administration under the supervision of
CMC was then established in the Archipelago after the Yukule governor
surrendered to the Astron forces. However, there was continued local resistance
to Astros rule.
B.
CONTROL MEASURES
OPERATION BLUE
Sphinx guards were killed and 60 were injuredwhile 10 Astro marines were
killed and 15 were injured.
Some of Nirvanas passengers were soon released; others held for further
investigation. Denis Baris, Nobel Peace Prize laureate and one of the
passengers, said that the Astron marines were shooting indiscriminately
atinnocent civilians.
As it drew the attention of international communities, Operation Blue
was denounced by the Bereton president as serious violation of international
humanitarian law.
In 2010, Astro conducted an inquiry on the operation wherein
Commander Hanson pleaded self-defense in ordering to open fire and claimed
that most of the passengers were armed and violent. A month after the
issuance of Astron Ministry of Defenses report, Commander Hanson was
cleared of any responsibility.
Bereto, Casa and other countries called the inquiry a sham and urged
the United Nations to conduct an independent investigation.
A year after, a preliminary report concluded that the Astro commando
had used excessive force.
D.
PLEADINGS
I.
In lieu of Article 8(2) (B) and Article 25(3) (a) of the Rome of Statute,
Gusman is guilty beyond reasonable doubt of committing such
crime due to the foregoing reasons as stated below:
consumption
of
basic
necessities
which
are
highly
scenarios
presupposed
that
Gusman
directly
humanitarian law is also known as the law of war or the law of armed
conflict. ( Excerpts)
It cannot be questioned that the Republic of Astro and the
Republic of Bereto are two different States which are in conflict. This
certainty construes within the parameters of international armed
conflicts to intervene in the warfare between and among States as it
was delineated in the ICCJ advisory.
Those in which at least two States are involved in a
conflict
and
does
not
cover
internal
tensions
or
(ii)
Tony
Gusman,
being
the
military
leader
resentment
towards
the
government
of
Astro.
Humanitarian
Law.
There
were
blockades
and
assistance,
because
of
this,
starvation
was
terminal on the western side of the island which caused the spill
over of the oil to the sea level and burst into huge fires. As to the
great amount of damage that has been done, it is the highest sense
of Gusman to take prescriptive measures to protect and enhace the
human environment regardless of the armed conflict present
between Republic of Astro and Republic of Bereton.
In fact, Tony Gusman upon his command and orders to Admiral
Freedman maliciously trapped the Breton soldiers ; Clear, no act of
avoidance from Tony Gusman to repudiate destruction and loss
and it is in contrary to the Principle where it is the obligation of
every States not to casue environmental damage beyond its
borders.
Granting the idea that environmental damage is inevitable in war
time crises, still Tony Gusman cannot invoke such conception for it
is clearly manifested in rules and regulation ofProtocol 1 Additional
to the Geneva Conventions, 1977 where:
Article 55: Protection of the Natural Environment
CONCLUSION/PRAYER
WHEREFORE, premises considered, the Plaintiff respectfully requests
that this Court:
1.
a.
on the basis of individual criminal responsibility for
committing, in violation Article 8(2)(b)(xxv) of the Statute of International
Criminal Court, the war crime of intentionally using starvation of civilians as a
method of warfare, with respect to the import and fishing control imposed on
Yukule;