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17TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION-2017

ORIGINAL: ENGLISH DATE: 21-24 SEPTEMBER

NO.: ICC-01/.....................

ICC TRIAL CHAMBER

AT THE HAGUE

SITUATION IN THE STATE OF SOFTLAND:

IN THE CASE OF

THE PROSECUTOR

V.

MR. SENGOTA

PUBLIC DOCUMENT

WRITTEN SUBMISSIONS ON BEHALF OF THE DEFENDANTS

THE DEFENCE
17TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION-2017

TABLE OF CONTENTS

INDEX OF AUTHORITIES............................................................................................

STATEMENT OF JURISDICTION..............................................................................

ISSUES RAISED..............................................................................................................

STATEMENT OF FACTS..............................................................................................

SUMMARY OF PLEADINGS........................................................................................

PLEADINGS.....................................................................................................................

PRAYER............................................................................................................................
17TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION-2017
17TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION-2017
17TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION-2017
17TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION-2017

INDEX OF AUTHORITIES

Statutes
Rome Statute of the International Criminal Court.passim

List of Treaties
Geneva Convention I For The Amelioration Of The Condition Of The Wounded And

Sick In Armed Forces In The Field Of 12 August 1949

Geneva Convention II For The Amelioration Of The Condition Of Wounded, Sick

And Shipwrecked Members Of Armed Forces At Sea Of 12 August 1949

Geneva Convention III Relative To The Treatment Of Prisoners Of War Of 12

August 1949

Geneva Convention IV Relative To The Protection Of Civilian Persons In Time Of

War Of 12 August 1949

Protocol Additional To The Geneva Conventions Of 12 August 1949, And Relating

To The Protection Of Victims Of International Armed Conflicts (Protocol I), Of 8

June 1977

Protocol Additional To The Geneva Conventions Of 12 August 1949, And Relating

To The Protection Of Victims Of Non-International Armed Conflicts (Protocol II),

Of 8 June 1977

The 1954 Hague Convention for the Protection of Cultural Property in the Event of

Armed Conflict and its two (1954 and 1999) Protocols


17TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION-2017

STATEMENT OF JURISDICTION

It is hereinafter most respectfully submitted that The Prosecutor has approached this
International Criminal Court and he has submitted that it has jurisdiction to exercise this
petition under Article 5 read with Article 13 of the Rome Statute of The International
Criminal Court, 1998. Article 5 (1) states as follows-
The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this
Statute with respect to the following crimes:
(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of aggression.

And Softland is party to The ICC Statute.1

The Defence is not contending the jurisdiction of this Honble Court.

1
1, Page 10, Moot Problem.
17TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION-2017

STATEMENT OF ISSUES

The Defence respectfully asks this Honourable Court:

I. Whether Mr. Sengota be found guilty of committing the war crime under article 8(2) (e)
(iv) of the Statute of the International Criminal Court for the acts committed on 20 May
2016.

II. Whether Mr. Sengota be found guilty of committing the crime against humanity of

murder under article 7 (1) (a) of the Statute of the International Criminal Court for the

acts committed from 08 July to 15 July 2016.


17TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION-2017

STATEMENT OF FACTS

1. The material case arises out of preliminary investigation conducted by The office of the

Prosecutor which issued arrest warrant against four individuals. Mr. Sengota was one of

them. In response to the arrest warrant issued by ICC (International Criminal Court), the

Softland government promptly arrested Mr. Sengota and surrendered him to the ICC. Mr.

Sengota was charged for commiting the war crime and crime against humanity under the

Statute of the ICC.

I. BACKGROUND

2. Softland is a State in the continent of Greatland. It attained independence from Roland in

the year 1973. River Thoga flowing through Softland divides the country into northern

and southern provinces. For various historical reasons northern Softland was considered

educationally and economically developed in comparison to southern Softland. After its

independence from Roland, people hailing from northern Softland occupied most of the

influential political and bureaucratic positions in the country. This created

disenchantment among the people of southern Softland and led to political unrest on

several occasions leading to violence.

3. Out of total population of Softland, Kamila ethnicity and Simlahi ethnicity constituted

80% of total and there were also other five ethnic groups out of which Kumis ethnicity

constitute 12 %. Kamilas claimed that they along with Simlahis follow the most authentic

form of Mayavar religion according to its religious texts. They argue that religious

practices of Kumis are contradictory to their religious texts. Head of Mayavar religion is
17TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION-2017

known as Rito, who hailed from Kamila ethnicity from northern Softland. But the

religious head of Kumis is known as Zomi. After the festivities, these places are

abandoned till four weeks before the next annual festival cycle begins in order to

maintain its purity and sanctity. Kimochi-Toramis are listed on the Representative List of

the Intangible Cultural Heritage of Humanity, under the Convention for the Safeguarding

of the Intangible Cultural Heritage of 2003.

II. FORMATION AND RISE OF MAYAVARS FOR MAYAVAR RELIGION

(MMR) GROUP

4. Some sections of Kamila, mostly from southern Softland believe that Mayavar should

become religion of state. They initiated a campaign across Softland and received stiff

resistance from other ethnic group especially Kumis. In April 2015, in southern Softland

there were attacks on ethnic minorities so Government of Softland decided Mayavar

religion should be feasible after consulting with ethnic minority groups. On night of 05

May 2015 in a southern Softland city MMR group attacked on house of Zomi, religious

head of Kumis. Security forces arrested more than 400 people associated with MMR.

Police chief also stated that MMR had received lethal weapons from across borders and

requested not to be carried away by MMR. Confrontation arises between MMR and

security forces. In February 2016 MMR armed group has increased dramatically in

numbers and two month later with the retreat of Softland government forces southern

Softland came under control of MMR. They declared new name of land as Mayavar

Land. Mr. Babiyola became President of MMR as well as Mayavar Land. He appointed

Mr. Sengota as chief of Culture Department.

III. LEGACY OF MR. SENGOTA


17TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION-2017

5. Mr. Sengota is was known for his scholarship in Mayavar religious texts. He is against

the practices of Kumi people especially their annual celebration at Kimochi-Torami. He

suggested them to stop this. Later MMR issued a pamphlet in Mayavar Land appealing to

refrain from annual celebration and abandoning Kimochi Toramis. But Kumis refused.

Later on Mr. Sengota visited four of the seven Kimochi- Toramis stating that he

respected the sentiments of the Kumi people but disapprove of their practices. After

some days more than 200 people demolished two Kimochi-Toramis and made them

unusable for annual festival. It was aired by media. Mr. Sengota expressed his regret for

this attack when asked by media and when again asked for remaining Kimochi Toramis

he said it is left for people to decide. Later Zomi along with ethnic group decided to reach

nearest Kimochi-Toramis including destroyed ones. On the week of annual celebration

millions walked for more than 100 Kilometres to reach nearest Kimochi Toramis.

According to press release more than 500 people went missing and some were found

dead at several places. Later security guards who attacked Kimochi-Toramis underlined

they were attacking under orders of Mr. Sengota.

IV. THE RESULTANT LITIGATION

6. Pursuant to the aforementioned factual matrix, Human Rights Monitor (HRM), on

ignorance of deaths by Mr. Sengota along with other human right groups shows

willingness to request The Prosecutor of ICC to conduct investigation for violation of

international law and human rights law. Meanwhile Softland with the support of armed

forces of neighbouring state of Mojavi took control over southern Softland and most of

MMR cadres surrendered. Later Mr. Sengota along with four individuals was charged

for war crime and crime against humanity.


17TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION-2017

SUMMARY OF PLEADINGS
17TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION-2017

PLEADINGS
17TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION-2017

PRAYER

Wherefore in light of the questions presented, arguments advanced and authorities cited, the
Defense respectfully requests this Court to adjudge and declare that:

I. Mr. Sengota be found not guilty of committing the war crime under article 8(2) (e)

(iv) of the Statute of the International Criminal Court for the acts committed on 20

May 2016 and all charges dismissed.

II. Mr. Sengota be found not guilty of committing the crime against humanity of murder

under article 7 (1) (a) of the Statute of the International Criminal Court for the acts

committed from 08 July to 15 July 2016 and all charges dismissed.

Respectfully Submitted

Sd/-

Counsel for Defence

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