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    I. Mr. Sengota Is Guilty of Crimes Against Humanity Under Art. 7 (1) (A) of Icc Statute

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    Dushyant Singh Chauhan
    Mr. Sengota is accused of crimes against humanity under Article 7(1)(a) of the ICC Statute for causing the deaths of 56 people. [1] Mr. Sengota killed one or more persons as part of a systematic attack against the civilian Kumis population in furtherance of making Mayavar the state religion. [2] The deaths occurred near routes used by Kumis pilgrims and showed signs of being organized against the vulnerable Kumis group. [3] The Kumis community was engaging in peaceful mobilization to protect religious sites and maintained its civilian character, meeting the definition of a civilian population under the Rome Statute.

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    I. Mr. Sengota Is Guilty of Crimes Against Humanity Under Art. 7 (1) (A) of Icc Statute

    Uploaded by

    Dushyant Singh Chauhan
    14 views3 pages
    Mr. Sengota is accused of crimes against humanity under Article 7(1)(a) of the ICC Statute for causing the deaths of 56 people. [1] Mr. Sengota killed one or more persons as part of a systematic attack against the civilian Kumis population in furtherance of making Mayavar the state religion. [2] The deaths occurred near routes used by Kumis pilgrims and showed signs of being organized against the vulnerable Kumis group. [3] The Kumis community was engaging in peaceful mobilization to protect religious sites and maintained its civilian character, meeting the definition of a civilian population under the Rome Statute.

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    Memo

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    293239788-Order-2-Rule-2-of-CPC

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    Mr. Sengota is accused of crimes against humanity under Article 7(1)(a) of the ICC Statute for causing the deaths of 56 people. [1] Mr. Sengota killed one or more persons as part of a systematic attack against the civilian Kumis population in furtherance of making Mayavar the state religion. [2] The deaths occurred near routes used by Kumis pilgrims and showed signs of being organized against the vulnerable Kumis group. [3] The Kumis community was engaging in peaceful mobilization to protect religious sites and maintained its civilian character, meeting the definition of a civilian population under the Rome Statute.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    14 views3 pages

    I. Mr. Sengota Is Guilty of Crimes Against Humanity Under Art. 7 (1) (A) of Icc Statute

    Uploaded by

    Dushyant Singh Chauhan
    Mr. Sengota is accused of crimes against humanity under Article 7(1)(a) of the ICC Statute for causing the deaths of 56 people. [1] Mr. Sengota killed one or more persons as part of a systematic attack against the civilian Kumis population in furtherance of making Mayavar the state religion. [2] The deaths occurred near routes used by Kumis pilgrims and showed signs of being organized against the vulnerable Kumis group. [3] The Kumis community was engaging in peaceful mobilization to protect religious sites and maintained its civilian character, meeting the definition of a civilian population under the Rome Statute.

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    © All Rights Reserved
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    of 3

    I. Mr. Sengota IS GUILTY OF CRIMES AGAINST HUMANITY UNDER Art.

    7(1)(a) OF ICC STATUTE

    It is most respectfully submitted that Mr. Sengota caused death of 56 people in


    furtherance of his objective that is of making Mayavar as the state religion.
    The elements of crime that constitute murder under Art.7 (1) (a) are that a) the
    perpetrator must have killed/caused the death of one or more persons, b) the conduct
    was committed as part of a widespread or systematic attack directed against a civilian
    population. This attack is directed against any civilian population, and c) the
    perpetrator knew that the conduct was part of or intended the conduct to be part of a
    widespread or systematic attack against a civilian population.

    (A.) Mr. Sengota killed one or more persons.


    …….?????/
    1. Killed is also construed to mean, “caused the death of”
    The Chamber notes that footnote 7 of the Elements of Crimes states that “the term „killed‟ is
    interchangeable with the term „caused death‟.1
    The Human Rights Monitor (HRM)2 in its report released that the deaths of 56 people were
    committed and their bodies were found near the routes on which large number of kumis
    passed to reach Kimochi Toramis.3

    2. Accused Had Individual Criminal Responsibility

    Icty art 7

    1
    Elements of Crimes, Article 7(1)(a)(1), footnote 7.
    2
    Ngo,
    3
    Para 17,page 7 of fact sheet
    (B.) Mr. Sengota caused the death of one or more persons as part of a systematic
    attack against the civilian population.

    ……………………………..??????????

    1 The conduct was knowingly committed as part of a systematic attack directed against a
    civilian population.

    'Systematic' refers to the 'organized nature of the acts of violence'. The existence of a plan or policy can

    be indicative of the systematic character of the attack but it is not a distinct legal element. 4 The Blaskic

    Trial Chamber clarified the meaning of the 'systematic' requirement. It held that this requirement refers to

    the following four elements: (a) the existence of a political objective, that is, to destroy, persecute or

    weaken a community; (b) the perpetration of a criminal act on a very large scale against a group of

    civilians or the repeated and continuous commission of inhumane acts linked to one another; (c) the

    preparation and use of significant public or private resources, whether military or other; (d) the

    implication of high-level political and/or military authorities in the definition and establishment of the

    methodical plan.5. The deaths of 56 people were committed and their bodies were found near the routes

    on which large number of kumis passed to reach Kimochi Toramis.6 It can said to be a systematic

    attack as it was organized against a particular group of civilians i.e. kumis who are vulnerable in

    furtherance of the plan.

    2 civillian
    4
    5
    6
    Art.50 (2) of Additional Protocol I (AP I) defines a „civilian population‟ as follows: „the civilian
    population comprises all persons who are civilians.‟7 Further under Art.50 (3) of AP I, „the
    presence of individuals within the civilian population who do not come within the definition of
    “civilians”, does not deprive the population of its civilian character.‟8 . „Members of the civilian
    population are people who are not taking any active part in the hostilities, including members of
    the armed forces who have laid down their arms‟.9 The religious head of Kumis, the Zomi called
    for peaceful mobilisation of their community to protect their religious sites.10 This shows that
    Kumis never meant to engage themselves in any hostility. Hence, the people attacked can be
    termed as civilians.

    7
    International Committee of the Red Cross (ICRC), Protocol Additional to the Geneva Conventions of 12 August
    1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, 1125
    UNTS 3. Art. 50(2).
    8
    ICTY, Prosecutor V. Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic, IT-96-23-T& IT-96-23/1-T, Trial
    Chamber Judgement, 22 February 2001, ¶ 425.

    9
    The Prosecutor v. Jean-Paul Akayesu , Case No: ICTR-96-4-T, (Trial Judgement), 2 September 1998, ¶582.
    10
    Para 15, page 6 of fact sheet

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