Escolar Documentos
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Cultura Documentos
NO.: ICC-01/.....................
AT THE HAGUE
IN THE CASE OF
THE PROSECUTOR
V.
MR. SENGOTA
PUBLIC DOCUMENT
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
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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
August 1949
June 1977
Of 8 June 1977
The 1954 Hague Convention for the Protection of Cultural Property in the Event of
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.
1
1, Page 10, Moot Problem.
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STATEMENT OF ISSUES
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
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
I. BACKGROUND
the year 1973. River Thoga flowing through Softland divides the country into northern
and southern provinces. For various historical reasons northern Softland was considered
independence from Roland, people hailing from northern Softland occupied most of the
disenchantment among the people of southern Softland and led to political unrest on
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
(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
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
5. Mr. Sengota is was known for his scholarship in Mayavar religious texts. He is against
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
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
ignorance of deaths by Mr. Sengota along with other human right groups shows
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
SUMMARY OF PLEADINGS
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PLEADINGS
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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
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
Respectfully Submitted
Sd/-