2023 ALL ETHIOPIA IHL MOOT COURT COMPETITION

Theme: International Humanitarian Law and Humanitarian Access

Moot Case: Prosecutor Vs Brad Aragorn Before the Special International Criminal
Tribunal for Middle Earth

General Instructions

The following is a fictitious case about the battle in the Middle Earth. The hearing of this
case takes place before the Special International Tribunal for Middle Earth. Participating
teams will represent Counsel for the Office of the Prosecutor (OTP) and the Defence.
Participating teams must prepare written submissions before the tribunal as if the charges
are confirmed by the tribunal. The Office of the Prosecutor should make the legal
argument that each of the charges is proven, and the Defence is to prepare submissions
identifying the basis for challenging the charges. The submissions should address all
issues that are relevant to the case, including the nature of the conflict and the basis for
criminal responsibility. Jurisdiction of the Court is not in question. Please also refer to the
Rules of the Competition.

FACTS OF THE CASE

THE BATTLE IN THE MIDDLE EARTH

1. The Middle Earth is a region located in the southern part of the continent of
Hyperurarion. The federal State of Eriador, which existed until 1965, constituted a big
part of the Middle Earth. Eriador was historically prosperous and wealthy due its mineral
resources, such as diamonds and oil, as well as its strategic position along the Great
Sea which enabled it to become the most important commercial centre on the
Continent. The harbour city of Minas Tirith, the capital of Eriador, represented a crucial
centre of commerce and governance. Eriador was composed of four main ethnic
groups; the Mordorians which formed 20% of the population, the Gondorians which
formed 35% of the population, the Rohanians which formed 23% of the population and
the Lindonians which formed 20% of the population. There were frequent clashes
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 between the different ethnic groups, except the Lindonians who had never been
interested in taking power, probably due to their privileged economic situation and
ownership of important natural resources, such as diamonds, gold, and copper.

2. The religious composition of Eriador was quite complex. The country was composed of
three main religious groups: the Kanastians, which represented 20%, the
Azanastians, representing 35%, and Taumanastians, constituting 25%. The other
20% professed atheism or agnosticism. The relationship among the different religious
groups was often characterized by severe tensions. This arose mainly from the question
of the official religion of the country with each religion pushing to be the official religion.
The tension was also fuelled by some fundamentalists in the different religious groups
who believed their religion to be superior.

3. Most of the tension was between the Kanastians and the Azanastians. These two
religious groups were initially part of the same movement, founded 3000 years ago by
Prophet Anaste. In the 15th century a split occurred, giving rise to two different
religions; the splinter group was led by a charismatic man known as Kanaste. He
proposed a pure religion and a return to the ancient dogma of the Azanastians religion.
This splinter group became the Kanastian religion.

4. Despite the tensions, Eriador, for hundreds of years, had been ruled by strong leaders
who held it together. The last great leader of Eriador was Sir James Isildur. After his
death, in 1964, a bloody and intense internal war erupted between the three ethnic
groups which led, in 1965, to the dissolution of Eriador into 4 independent States:
Gondor, Mordor, Rohan, and Lindon, following the “Eriador Peace Agreement”
signed on 14 October 1965. The boundaries of the new States were established under
the principle of uti possidetis, thus mirroring the former internal borders existing in
Eriador before the dissolution. The population of each state corresponded to its own
ethnic group, except for the disputed region of The Shire which was composed of 50%
Rohanians, 30 % of Gondorians, and 20% of Hobbits, a minority ethnic group.

5. During negotiations of the peace agreement, the parties did not discuss the legal status
of “The Shire”. This region, situated in the middle of the former Eriador was rich in
mineral deposits, including diamonds and gold, making it one of the richest regions of
the Middle Earth. The ownership of The Shire has since been disputed between Gondor
and Rohan, both claiming sovereignty over it. A separate agreement signed one year
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 later, on the 14, October 1966, between Gondor and Rohan provided for the annexation
of The Shire to Gondor. Rohan, however, revoked it soon after ratification claiming that
“its conclusion had been procured by the threat of use of force” by Gondor, “in violation
of the principles of international law embodied in the Charter of the United Nations”, and
Article 52 of the Vienna Convention on the Law of Treaties.

6. Eriador had a total population of 17 million people. After the dissolution, 7 million people
received the Gondorian nationality, 5 million became Rohanians, 3 million people were
Lindonian and 2 million Mordorians. All the main religions present in Eriador were
spread out into the 4 new States. In Gondor, the population was composed of 35%
Kanastians, 45% of Azanastians and 20% of Taumanastians; in Mordor, it is 40%
Kanastians, the 20% Azanastians, and the 40% of Taumanastians; in Rohan, there was
5% Kanastians, 40% Azanastians and 65% Taumanastians; and in Lindon it was 10%
Kanastians, 50% Azanastians and 40% Taumanastians.

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 Map of the Middle Earth after the dissolution in 1965

GONDOR

Two Sides of a Coin: Prosperity amidst Religious Tension

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7. After the “Eriador Peace Agreement” signed on 14 October, 1965, Gondor emerged as
one of the most prosperous states in the Middle Earth, thanks to its reserves of oil in the
waters of the Great Sea and diamonds, located mostly in “The Shire” region, in the
northern part of the Country. In addition, the capital of Gondor, Minas Tirith (also former
capital of Eriador), was the most important commercial centre of the entire Hyperuranion:
50% of import/export activities with other countries passed through Minas Tirith. With a
population of about 3 million people, it was not only the commercial hub of the country
but one of the most important historical cities in the whole of Middle Earth boasting plenty
of monuments and archaeological sites. Moreover, Minas Tirith hosts one of the oldest
and most prestigious University in the world the “Minas Tirith’s Science University”.

8. The second most important city of Gondor was Isengard, situated 500 kms north of
Minas Tirith. After Minas Tirith, Isengard was an important financial and commercial
urban centre that also hosted a prominent research centre, the “Hyperuranion Centre of
Physical Sciences Research”. This city was also the nest of the Kanastian religion, the
sacred city where Kanaste founded the religious group in the 15th century, thus
representing a place of pilgrimage for thousands of followers. Isengard’s main square,
Orthanac, was particularly famous for its beauty.

9. Linhir was the third city of Gondor, located between Minas Tirith and Isengard, and
inhabited by 800.000 people. Thanks to its beautiful mountains, the city became an
important tourist destination for skiers. In the outskirts of Linhir was the biggest military
base for the Gondorian Armed Forces.

10. Gondor, also had two important cities in the eastern part of the country; Pelargir and
Tarmost. The two cities are 80 kms from each other, and about 300 from Isengard. In
Pelargir lived 500,000 people, while in Tarmost 430,000. Agriculture constituted the main
economic activity, while the development of ceramic and automotive industries in the last
30 years helped to enhance the local economy.

11. Although Gondor was one of the most fascinating countries of the Hyperuranion and the
cradle of the Middle Earth’s history, its stability had for a long time been undermined by
hatred and tension arising from religious differences.

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12. Gondor established a parliamentary democracy through a referendum on 1 January
1966. A Constitution for the country was also adopted, which, inter alia, provided for
elections every 5 years and set a term limit for the presidency to three. The first president
of Gondor was Mr. Vincent Herion, an adherent of the Kanastian religion. Under his
reign, constant tensions persisted between the different religious groups. This escalated
when, in June 1968, Mr. Kennath Seriorel, the Minister for Constitutional Reforms,
proposed an amendment to the Constitution to make Kanastian religion the official state
religion. Massive protests took place for two weeks in Minas Tirith and Isengard, during
which more than 100 people were injured, while the police detained 90 people, including
20 members of the Parliament belonging to the Azanastian group on charges of
terrorism.

13. The controversial proposal was ultimately dropped in July 1968 and the situation mostly
returned to calm. However, on a few occasions, violent attacks were committed by
exponents of the most radical wings of the Kanastians and Azanastians. On 2 August
1969, a gunman murdered 20 people in a club in a district of Minas Tirith frequented by
students belonging to the Kanastian religion. On 15 March 1970, a bomb exploded in a
Parger, the place of worship of the Azanastians in Linhir, killing 36 people and injuring 80
others. Such attacks led to states of emergency being declared at least 5 times in as
many years. During the states of emergency, various rights were suspended, including
freedom of movement, association, and right to liberty and security aimed at stopping
and repressing the violence.

14. President Herion served for full 3 terms, until 1981. The second president, Sir Ben
Anardil, was an atheist. Under his mandate, sporadic episodes of violence continued
between Kanastians and Azanastians. However, the internal tension between the two
groups gradually reduced. Sir Anardil’s Government remained completely impartial and
respectful of the various religious groups. Various reforms were instituted in order to
guarantee neutrality of public institutions. The Government also organized numerous
initiatives promoting respect and peaceful relations between people. Among other
initiatives, the Government introduced in primary and secondary schools a new subject
on “Religions, Diversity and Respect”.

Changing tides and a flower nipped in the bud; Mr. Felgen’s reign.
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15. The third president of Gondor, Mr. Charles Felgen, was elected in 1996. President
Felgen was a non-practising Azanastian. He strongly believed in the potential of creating
a secular state in which all religious beliefs would be respected. The years of President.
Felgen’s administration marked a very prosperous period for Gondor. The tension
between religious groups was further reduced and the freedom of religion and worship
was largely accepted.

16. In addition, the relationship between Gondor and Rohan became stronger under
President Felgen, following the marriage between President Felgen and a former
respected Rohanian head of state, Miss Michelle Naladel, in 1997. The union between
the two was particularly unusual because they belonged to different religions; Mr. Felgen
was an Azanastian while Miss Naladel was a Kanastian. The marriage was however
looked down upon by extremists in both religions. It was openly opposed and criticized,
particularly by Azanastians who believed that their religion prohibited marriage to a
person from a different religion.

17. Shockingly, on the night of 25 September 2002 President Felgen and Madam Naladel
were assassinated. The president and his wife were eating in a restaurant in the
downtown of Minas Tirith, when a lone gunman entered the restaurant, and shouted: “we
will never become Azanastians! Why have you betrayed our religion? You will pay the
ultimate price, you fool!” The gunman then pulled a firearm and shot both the president
and his wife, killing them instantly.

18. After the assassination of President. Felgen, Mr. Brad Aragorn, the vice president
assumed leadership of the country. As it would emerge, the new President Aragorn was
an ambitious man and not quick to let an opportunity for personal power pass him by. In
accordance with constitutional provisions, the new President was required to create an
interim government for one year, after which elections would be held. However, President
Aragorn postponed the required 2003 elections and eventually cancelled them
altogether. He then proclaimed himself the new supreme leader of Gondor. Shortly after
this dramatic proclamation, he repealed the 1966 Constitution and in its place
promulgated a new constitution based on Azanastian dogma, and declared Gondor an
Azanastian state. The Gondorian armed forces, which was highly corrupt, supported him
and enhanced his power.
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19. Unlike President Felgen, who strongly believed in the plurality of public institutions,
President Aragorn introduced a very strong discriminatory policy against Kanastians.
Through mass media, especially the state television, President Aragorn and his
supporters began to increase diatribe against the Kanastian population, employing
popularist stereotyping and making dangerous statements that could be understood as
legitimizing violence against the group. At the same time, various legislative reforms were
undertaken that had the effect of excluding Kanastians from public offices and ordered
the closure of the Kalhals, the places of worship of the Kanastians. NGOs including the
international NGO “Fundamental Freedoms Monitoring Centre”, reported several human
rights violations and called the Gondorian Government to respect the political and civil
rights of all citizens, regardless of their religious faith.

20. By 2008, these discriminatory policies matched with the risks of enforced disappearances
and imprisonment against Kanastians, had forced more than 4,000 people to flee to the
neighbouring countries, of Rohan, Mordor, and Lindon. Kanastans and Azanastians
respectively blamed each other for the worsening economic situation in the country, and
pockets of street violence started to emerge.

21. On 13 March 2011, during the celebrations of the birth of Kanaste and the foundation of
the Kanastian religion, the spiritual guide of the Kanastians in Gondor, Mr. John Nandor
was assassinated in Isengard by an unidentified man, allegedly a follower of the
Azanastian religion. After a few days, a telephone conversation intercept was
anonymously published, in which the Minister for Home Affairs, Ms Karoline Atanar was
recorded two days before the killing of Mr Nandor. Ms Atanar was recorded complaining
in heated language about Mr Nandor and requested the Chief of the Gondorian Police
“just take care of this, get it done”. Violence erupted and riots took place in every city of
the country. For one week, clashes between thousands of Kanastians and Azanastians
resulted in the death of more than 40 people and 150 wounded from both sides. While
dozens of Kanasians were arrested in relation to the protestors, it was noted that no
Azanastians were.

22. During the following months, the situation worsened. The police were ordered to arrest
and interrogate all politically engaged followers of the Kanastian religion. Numerous
cases of abuse, violence and unjustified arrests were reported by NGOs and newspapers
from all over the world. On 22 August 2011, a big uprising took place in the jail of Carrol

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 in Minas Tirith leading to the death of 5 detainees. On 30 August 2011, a 16 year old who
was playing with a plastic gun was shot dead by a policeman.

23. Further protests took place, involving the Azanastians on one side, and the Kanastians
on the other. The main square of Isengard located in the city centre, was at the epicentre
of the protests in which 50 protesters and one member of a human rights NGO were
killed by the police. On the evening of 12 February 2011, the Minister for Home Affairs,
Mrs. Atanar, visited Orthanac Square in order to assess the security situation after the
protests. An unidentified man started shooting into the crowd and kidnapped a middle
aged woman. After few hours, a video was published online showing the woman being
tortured and killed.

24. The same night, members of the Kanastians, supported by a faction of the Gondorian
Army, occupied the Airport and the Train Station of Isengard, the State Television
building and the Parliament in Minas Tirith, declaring a coup d’état. After few hours, the
Gondorian Special Forces reacted with major military might. Over 60 people were killed,
and an estimated 500 others injured. This was followed by a mass arrest of anyone
suspected to have supported the coup d’état. Forty members of the Army accused of
supporting the coup d’état were tried by a military tribunal and executed the following
week.

25. Between September 2012 and April 2013, a group of people belonging to the
fundamentalist wing of the Kanaste religion, called “Kanaste’s Students”, started growing
and organizing in Mordor with the final goal of not only overthrowing the regime of
President Aragorn, but also to conquer the ancient spiritual city of Isengard, in Gondor.
Mr. Kevin Gandalf was the new spiritual guide and leader of the “Kanaste’s Students”,
advocating for the re-establishment of the ancient Kanastian religion as the official
religion of Middle Earth. He was born and grew up in Mordor where he studied at the
Faculty of Philosophy in the capital Gordoroth. Here, Mr. Gandalf studied the history,
development, and dogma of the Kanastian religion, which had a profound effect on him.
At the end of his studies, he had gone to live in Mount Doom, an isolated mountain not
far away from the border with Gondor, where he spent many years meditating.

26. In October 2014, the “Kanaste’s Students” established two little bases, Udûr and Barad-
dûrn at the foot of Mount Doom where they started intensive training. Mr. Gandalf was
not only the spiritual guide but also the man in charge of the training of the Kanaste’s
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 Students. He told his followers “I will teach you the art of combat, I will teach you how to
fight to free The Middle Earth from the corruption of this society and the infidels. Kanaste
will give us strength. We will fight until our last breath! Repeat after me: in the name of
Kanaste, until the last breath!”

27. On 15 November 2015, about 2000 followers of the Kanastian religion had joined the
Kanaste’s Students from several states, including Mordor, Lindon, and Gondor itself, but
also from other states outside Middle Earth. The group started to make incursions into
Gondor. During the first incursion, the group invaded two villages near the border,
Bywater and Waymeet, where they burned houses and killed 20 people, including
children and a pregnant woman. Witnesses reported that before taking action, the
Kanaste’s Students said: “in the name of Kanaste, until the last breath!”

28. The Special Police Unit of Gondor were immediately deployed to respond, arriving about
2 hours after the incursion had begun. An intense exchange of fire ensued between the
police and the Kanaste’s Students and lasted for about 5 hours until the Kanaste’s
Students were able to escape and retreat presumably into Mordor. During this exchange
5 police officers were killed and 20 others suffered serious injuries. At the same time, 50
members of the Kanaste’s Students were killed and an unknown number suffered various
injuries. In addition, 40 people suspected to have joined the Kanaste’s Students were
arrested and imprisoned without trial. They were executed after two days of
interrogations carried out in detention facilities in Minas Tirith and Isengard.

29. From 15 November 2015, the date of the first incursion, episodes of violence occurred
sporadically with incursions made by Kanaste’s Students in villages along the border
which could be easily controlled and repressed by the Special Police Unit. On the 20
December 2015, a car bomb exploded in the central market of Isengard and killed 34
people. Simultaneously, a truck ploughed through the main street of Minas Tirith killing
31 people. Mr. Gandalf and his followers claimed responsibility for the attacks. On that
night, the Head of State of Gondor proclaimed a state of emergency.

30. In a few days, the violence between Kanaste’s Students and Gondor’s Government
quickly escalated. By the 25 January 2016 the Kanaste’s Students took control over two
towns, Pelargir and Tarmost, in the Western part of Gondor about 300 kms far away from
Isengard. The operations conducted in Pelargir and the surrounding areas were led by
the Commander Paul Pippin. In Tarmost, Captain Jim Gollum was in charge of the town
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 and the attacks in that zone. During the first week, they killed more than 200 people,
burned houses and raped women. They planted many landmines around the area in
order to repel attacks from Gondorian Forces. They also destroyed several historical
sites including temples and statues of the Azanastian religion.

31. Following more than 10 days of an intense exchange of shooting and artillery fire, more
than 1,000 people were reported dead, about 80% being civilians. During this period, and
after Gandalf’s call to the devotees to join the group, the membership of the Kanastians
Students increased considerably. On the 15 February 2016, Gandalf proclaimed the birth
of the “Kanastian State of the Middle Earth” (KSME) and declared Pelargir as its
capital.

32. The KSME started exercising administrative powers in Pelargir including the introduction
of a separate taxation system. The capacity of the group to acquire funds and buy
sophisticated weapons hugely increased after taking control of an oil platform located in
the South-Eastern part of the Great Sea. The KSME used youtube to broadcast
propaganda videos and footage showing their actions, attacks, and policy, as well as
radio broadcasting. The members of the group kept growing due to the recruitments
among the civilian population from Mordor and Gondor as well as from different countries
overseas, the so called “foreign fighters for the Kanastian Renaissance”. By March 2016
the number of fighters was around 7,000 persons.

33. Among members of the group were 1,500 young people, thought to be between the ages
of 12 and 17 years, who had been recruited in the Kanaste’s Students ranks. Some of
them joined voluntary or followed their parents who enlisted in the group, whereas some
of them were recruited after the attacks and the sieges of Tarmost and Pelargir. They
performed a variety of tasks: some of them were sent directly to fight, while others were
used as porters, cooks, and messengers. The new recruits were trained to fight in ad hoc
camps, the “preparation for children camps”. Reports also alleged that Captain Carl
Cotton was in charge of the enlistment and recruitment with the duties to transfer the
fighters in those areas where they were most needed.

34. On the night of 10 March 2016, a terrible sequence of attacks occurred in the three main
cities of Gondor: a bomb exploded in the Airport of Minas Tirith at 1930 hrs, another
bomb detonated in the stadium of Isengard at 2000 hrs and in the Line D of the subway
of Linhir at 2030. More than 800 died in those attacks. The Head of State of Gondor,
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 President. Aragorn, ordered the deployment of the Armed Forces in every city declaring
that “Gondor is officially at war against the KSME”.

35. Furthermore, the President of Lindon, Mr. Shoan Faramir, announced in a press release
that Lindon would send troops and air reinforcement to help Gondor to defeat the KSME,
as well as providing weaponry and vital intelligence.

36. On 11 March 2016, Mr. Aragorn ordered the arrest and detention of anyone suspected of
having joined the Kanaste’s Students, funding Kanaste’s Students or even sympathized
with its cause. More than 2,000 persons were arrested and transferred in the detention
camp of Carillon, a village close to Minas Tirith. Gondorian officials carried interrogations
which included sleep deprivation and other ‘enhanced interrogation techniques’.

37. The fight of the Gondorian troops against KSME extended across the border into Mordor,
notably near Mount Doom, which was still one of the main sites at which the KSME
trained its new members. During these clashes, the Gondorian Forces captured
hundreds of members of the KSME and transferred them to the detention camp of
Carillon or to detention facilities in Isengard, where lack of food, water and other basic
needs left them in dire health conditions.

38. The intensifying fighting led, by the end of April 2016, to thousands of people fleeing to
the neighbouring states, mostly to Lindon and Mordor, while others fled by sea in boats
belonging to smugglers in order to reach other continents. The total number of refugees
was approximately 40,000. The number of IDPs registered in camps was more than 60,
000. The majority of the IDPs had fled to the South-Western parts of Gondor. The IDPs
camp of Calembel, located in the northern part and close to “The Shire” registered, by
May 2016, more than 15,000 people, including children and women as well as people
with disabilities.

39. The religious and ethnic composition of the IDPs in the camps was mixed, although the
majority were Kanastians and Taumanastians. The dire humanitarian conditions, which
became almost unbearable as the conflict intensified, were aggravated by the high
temperatures and the location of the camp in a very mountainous area, thus rendering
the delivery of humanitarian assistance even harder. Shortages of clean water,
medicines, food, and clothing were reported, while diseases such as diarrhoea and
tuberculosis started spreading very quickly.

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40. In 2016, several reports emerged indicating that the KSME was supported by Mordor,
through finances, weapons and ammunitions as well as supply of food, water, and other
basic needs for the fighters. Those joining the KSME were also allegedly trained by
Mordorian officials. The Prime Minister of Mordor, Mr. Joey Sauron had always supported
the cause of his friend Gandalf and of the KSME aimed at defeating the dictatorial
Government of Mr. Aragorn and conquering the ancient city of Isengard. Verified
intelligence confirmed that Mr. Sauron personally contributed finances to the movement
of the Kanaste’s Students, since it was founded by Mr. Gandalf in 2012.

41. On the 3 May 2016, the KSME declared the start of the march towards the city of
Isengard. On the same day, Mr. Gandalf declared that they would have sieged and
occupied Isengard within two weeks: “The KSME is finally ready to conquer Isengard, the
spiritual heart of the Kanastian religion, the place where everything started 500 years
ago. We will take back out spiritual city. The time has arrived. Isengard we are coming!”
The operation started on the 8 May 2016. From Pelargir and Tarmost more than 10,000
fighters marched towards Isengard.

42. The Government was prepared to counterattack. Between 8 and 26 May 2016, more
than 2,000 people died. Along the path leading from Pelargir and Tarmost to Isengard,
civilians living in towns and villages in the countryside fell victim to air and artillery attacks
carried out by the Government. In the villages of Greenfields and Towerhills, dozens of
houses and buildings were destroyed, while the town of Longbotton, where the KSME
established a temporary camp, had been entirely razed to the ground. On the other hand,
several reports indicated that the fighters of the KSME, when entering the villages,
burned down houses and executed people suspected of not being followers of the
Kanastian religion.

43. On 25 May, about 11,000 KSME fighters entered Isengard from the North side of the city.
The operations of the KSME in Isengard were led by Andrew Legolas, the right-hand
man and nephew of Mr. Gandalf, a 15 year old fighter who grew up in Mordor under the
teaching and guidance of his uncle. Iron and Wood Corner were the two first districts to
be sieged, where the KSME established two camps, occupying a stadium and an
abandoned military barracks. On 28 May, the KSME arrived in Alkadna, a district
between north-Isengard and the downtown, where it took control of a strategic

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 checkpoint. In the following days, KSME fighters targeted numerous police stations and
security facilities, as they continued to gain control over other districts in the city.

44. By 7 of June 2016, Isengard was divided between the two parties: the KSME controlled
North-Isengard (23 districts), while the Gondorian Government helped by the Lindon’s
Armed Forces, controlled the city centre and South-Isengard (30 districts). By this time,
about 5,000 people had died. Most causalities were said to be civilians. During the
intense fighting, both the Gondorian Armed Forces and members of the KSME used a
variety of explosive weapons including mortars and airstrikes in densely populated areas.
Archaeological sites, ancient libraries and historical monuments were badly damaged
during the attacks.

45. Moreover, more than 100,000 persons living in besieged and hard-to-reach areas,
especially in the suburbs of Pelargir, Tarmost, and Isengard where the fighting was
particularly intense, remained in urgent need of humanitarian assistance including water,
food, and health care. The repeated denial of humanitarian access to the humanitarian
agencies in the besieged areas by both parties, as well as the impediment of evacuations
necessary to treat people in need, were exacerbating a situation already desperate. More
than 100 persons, notably children, had been reported dead due to starvation and lack of
water.

46. The International Committee of the Red Cross had successfully engaged in negotiations
for access to the besieged areas in the suburbs of Tarmost so as deliver humanitarian
assistance to the civilian population. The ICRC was still negotiating with both the parties
to allow the passage of humanitarian aid and personnel also in other besieged and hard-
to-reach areas, particularly, in Isengard and Pelargir as well as in the IDPs camp of
Calembel.

47. Responding to questions during a press conference on 15 June 2016, the Minister of
Humanitarian Affairs indicated that she and the President were fully committed to
supporting vulnerable populations at their time and were doing everything within their
power to facilitate humanitarian aid. She explained that extreme caution was required,
however, to ensure that “so-called” humanitarian convoys were not being used as a
vehicle to smuggle in weaponry. Right to Relief, a humanitarian organisation operating in
Gondor since 2015, responded with a press statement the following day stating “the
Government of Gondor has shown no good faith in relation to saving lives. Under the
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 guise of “protecting people” it makes organisations like ours jump through so many
bureaucratic hurdles that it is simply impossible to deliver timely assistance. We have
medicines that are expiring or becoming spoiled on the back of trucks, because the
government will not allow the convoys through.”

48. On 28 of June 2016, after three weeks of constant fighting in Isengard, the Head of State,
President Aragorn, officially announced the Government strategy to defeat the KSME. In
a television and radio broadcast President Aragorn declared the beginning of the
“Uprooting Operation” with the intent of eradicating the KSME, its commanders as well as
its supporters: “the KSME is a terrorist group which wants to wipe out Gondor’s
institutions which represent the heritage and the fundamentals of our society. Therefore,
the Government will do everything in its power to defeat the group and eliminate all its
members and sympathisers. KSME have hidden themselves among the civilian
population, like cockroaches in drains. Their cowardice is putting civilian lives at danger.

49. President Aragorn went on to give a specific order to the civilians in North Isengard. “If
you are not with us then you are against us. We will know that you are with us if you
leave. If you stay you will be known to be a KSME sympathiser and you will be the
subject of attack. You have to know, we have no choice but to go after KSME with force
and might. Those who are truly Gondorian have 24 hours to leave North Isengard”.

50. The next day, Government Forces started a violent military offensive in Isengard as well
as in the countryside. Massive bombardments took place in the districts besieged by the
KSME, including in the areas considered the nest of the fighters and its supporters.
Markets and houses located in densely populated areas were destroyed by artillery and
mortars. The sewage system was targeted and struck multiple times by guided bombs in
the conviction that the fighters had stored arms and ammunitions within the system. One
Kalhal was deliberately targeted and destroyed during a funeral procession, killing 40
people.

51. In one particular attack on 30 June 2016, an air strike was launched by the Gondarian
Armed Forces at 7.45 am in the district of Koldori, in North Isengard. The airstrike hit a
former barracks used as a weapons depot by the KSME, but also the Karlatton Hospital,
50 meters away from the weapons depot. The hospital was partially destroyed, with 10
civilians, among them 5 members of the medical personnel and 5 patients were

15 | P a g e
 reportedly killed, and another 6 injured. In addition, 5 fighters of the KSME were killed in
the attack.

52. In order to destroy the weapons depot which, as a former barrack, was built with bomb-
proof material, and explosion-resistant concrete, two 5-K Missiles were deployed. This
type of missile is designed to be used only in certain weather conditions, in particular
when the temperatures are not higher than 30° degrees Celsius. Below 30° degrees
Celsius, the missile has a destruction radius of 30 meters, while, when the temperature is
over 30° degrees the destruction radius increases 100 meters. On 30 June 2016, at 7.45
am the temperature in Isengard was 36° degrees Celsius. Furthermore, from the
information available it seemed that in the depot there were tens of highly explosive
weapons, such as grenades, landmines, and K-1 Missiles whose detonation hugely
increased the impact of the attack on the hospital.

53. The continued support of Lindon to Gondar’s military effort was critical to the launching of
this (and other) attacks. Indeed, the identification of the location of the weapons depot
was undertaken by Lindonese operatives and the location provided as part of the
continued intelligence sharing between the two countries.

54. General Ilary Kombol, Commander in Chief of the Gondor’s National Army asserted that
“there was extreme urgency to destroy the depot and the use of the 5-K Missiles was the
only way to accomplish the mission. In addition, although the Karlatton Hospital was not
intentionally targeted, actionable intelligence indicated that several fighters of the KSME
were visiting the hospital at that time, and therefore, they were legitimate targets. Our
Forces acted in utmost respect of IHL principles and rules”.

55. The Director of the hospital, Dr. Nemo Keent, released a statement saying that “We are
dismayed by the attack on our hospital. Shamefully, this is not the first time we have
been attacked. We condemn these attacks in the strongest terms possible and call for
respect of the medical facilities as provided for by law. We understand the right of the
Government to fight its war but there is no justification whatsoever to attack such a
crucial facility, providing critical care, as Karlatton Hospital. Certainly, the presumed
presence of a few unarmed KSME fighters within the hospital could not justify such a
drastic action.”

16 | P a g e
56. In another controversial attack, on the morning of 1 July 2016, a primary school in the
KSME-held district of Kameroon, was hit by a rocket attack carried out by Government
Forces. The school was extensively damaged. Rescue workers and locals reported that
at least 8 children, between 6 and 10 years were killed in the attack and another 15 badly
injured. 2 of the teachers lost their lives in the attack.

57. The dynamics and the reasons of the attack were not explained publicly. There is a
KSME military base in the building next to the school. It is probable that the rocket attack
was directed against the barracks but missed its target. However, a teacher working in
the school who was injured during the attack, Mrs. Karol Chairpan, said in an interview
that, in the last month, members of the KSME were frequently seen going back and forth
to the school: “in the last month everybody noticed that a few men wearing the uniform of
the KSME were often present in the school. We noticed that it was weird but nobody
questioned them. All of us were scared of possible repercussions”.

58. The first weeks of July saw explosive weapons detonated in the squares and streets
killing 800 people and injured another 2,000 persons, including at least 91 children.
Furthermore, Gondorian troops, after taking control of many neighbourhoods, combed
every house looking for KSME’s fighters and supporters. Those who were deemed to
sympathize or help the group faced a terrible fate. In one week, more than 450 people
had been interrogated, tortured, and executed in their houses. Another 900 people were
captured and arbitrarily detained incommunicado.

59. The battle in Middle Earth went on unabated while the humanitarian situation remained
alarming, with hundreds of thousands of people in need of assistance. Footage
published by the civilians on social media platforms called for an international
intervention to stop the massacre. The situation started drawing the attention of the
international community.

ROHAN

60. Rohan shares one border with Gondor in the south-west, with Mordor in the south-east,
and with Lindon in the north-west. Its economy consists majorly of agriculture and
handicraft. The country is inhabited by three ethnic groups: the Rohanians (60%) and two
minority groups, the Elves (25%) and the Hobbits (15%). Edoras is the capital of Rohan
and represents the principal economic centre of the country. As mentioned in the

17 | P a g e
 introduction, the region called “The Shire” situated in the northern part of Gondor is still
disputed between Gondor and Rohan, both countries claiming sovereignty over it. The
Shire is rich in diamond deposits which make it one of the richest regions in Middle Earth.

61. Since the “Eriador Peace Agreement”, signed on 14 October 1965, 17 years of peaceful
relations existed between Gondor and Rohan. On 23 April, 1982, the Rohanian minister
for Foreign Affairs, Mr. Simon Boromir, went to Gondor to attend a diplomatic conference
hosted by Gondor in the town of Hobbiton located in “The Shire”. On that occasion, Mr.
Boromir was shot dead by a sniper while giving his speech during the conference.
According to Rohan’s Intelligence, Gondor’s Government was behind the assassination.

62. Rohan declared the assassination as an “act of aggression”, and, after few days, sent its
troops to “The Shire” on 30 May, 1982. After an armed conflict that lasted 12 months,
Rohan surrendered and withdrew its troops from The Shire. A new peace agreement was
signed on 20 July 1983. The two States went through a long period of mutual peace and
collaboration. The relations between the two States were further strengthened in the
1990’s following the marriage between the Gondorian head of state at the time, Mr.
Felgen, and the Rohanian former head of state Mrs. Naladel in 1997. Unfortunately,
President Felgen and his wife were assassinated by a lone gunman in 2002.

63. The death of the two in 2002 led to worsening of the relations between Rohan and
Gondor. The Rohanian Head of State, Sir Francis Théoden, severally and publicly
declared that the Rohanians living in The Shire had the right to return to their motherland
by exercising their right to self-determination. However, the Rohanians and the Hobbits
living in The Shire did not have any particular interest in claiming such right since The
Shire had been granted an autonomous status and the minorities had always been
respected.

64. On 25 March 2016, two weeks after the attacks that occurred in Gondor on the night of
the 10 March 2016, Rohan’s troops crossed the Gondorian borders, occupying part of
The Shire as a buffer zone against possible incursions of the KSME. The operation was
christened “Safe Borders”. The Prime Minister, Sir Théoden, also decided to send the Air
Forces to the areas of Pelargir and Tarmost in order to defeat KSME. The operation
christened “Flying Birds Freedom Operation” was initiated without the consent of Gondor.
Sir Théoden in a press release declared that the inability of Gondor to cope with the
KSME put all its neighbouring countries at risk of attacks, incursions, or, in the worst
18 | P a g e
 scenario, invasion. Given the real threat represented by the KSME, Rohan, therefore,
had the right to act in preventive self-defence.

MORDOR

65. Mordor shares its border with Rohan in its Northern part and with Gondor in its Western
part. Mordor’s population is composed mainly of farmers and shepherds given the
mountainous territory which extends throughout the country. Agriculture and sheep
rearing represent the main sectors of the Mordorian economy. Furthermore, the south-
eastern part of Mordor extends along the Great Sea, thus making fishing an important
economic activity for people living in the villages along the coast.

66. Unfortunately, the portion of the Great Sea belonging to Mordor is not big enough to
become an important commercial centre. Since the “Eriador Earth Peace Agreement”,
Mordor’s rulers have always been keen to expand its power in the Great Sea. However, it
never had sufficient means and a military strong enough to compete with Gondor’s
Forces. After independence in 1965, the country was ruled by a monarch until 1985. After
the death of King Mark Eldarion in 1980, his son and successor Alexander Tarandor
imposed a dictatorial regime: he suppressed his opponents, restricted fundamental rights
and freedoms and introduced a very tough taxation system. In addition, as Mr. Tarandor
a follower of the Taumanastians religion, perpetuated a persecutory policy against all
other religions. This caused a lot of tension in the county.

67. On 28 October 1985, the tensions erupted in a bloody revolution which led to the death
of Mr. Tarandor. Following the revolutions a new Constituent Assembly was established
and tasked with the drafting of a new Constitution based on a parliamentary democracy.
The new Constitution entered into force on the 1th of February 1988.

68. The current Prime Minister of Mordor, Mr. Sauron, is an old friend of Mr. Gandalf. They
studied together at the Faculty of Philosophy in Gordoroth and both were followers of the
Kanastian religion. Several reports indicated that Mordor had been supporting the
KSME’s cause in terms of financing, training, and supplies of food, water and other basic
needs. For such reasons, Gondor accused Mordor to financing and supporting the
KSME.

LINDON

19 | P a g e
69. Lindon, situated in the former Western part of Eriador, is a wealthy and powerful state
which has never been attacked by any other state since its independence following the
“Eriador Peace Agreement”. The country has vast deposits of copper, gold and diamond
which have always been well exploited. This has allowed Lindon to become not only a
wealthy country but also to build the strongest military in the Middle Earth. Lindon has
also enjoyed political stability through a presidential system of government, established
through a democratic referendum.

70. When the situation in Gondor deteriorated during the Spring of 2015, the President of
Lindon in office, Mr. Shoan Faramir sent ground troops and Air Force in support to
Gondor in order to help it defeat the KSME. Although Mr. Faramir belonged to the
Taumastian religion, he was convinced that the expansion of the KSME represented a
real threat against the future of the whole of Middle Earth and therefore needed to be
defeated.

20 | P a g e
Table of States Parties to IHL instruments and other related treaty (as of 3 April
2017)

Treaty Gondor Rohan Mordor Lindon

Geneva Convention I for the X X X X

Amelioration of the Condition of
the Wounded and Sick in Armed
Forces in the Field, 1949

Geneva Convention II for the

Amelioration of the Condition of
the Wounded, Sick, and
Shipwrecked Members of
Armed Forces at Sea, 1949

Geneva Convention III relative

to the Treatment of Prisoners of
War, 1949

Geneva Convention IV relative

to the Protection of Civilian
Persons in Time of War, 1949

Additional Protocol I to the Geneva X X X X

Conventions of 1949, and relating to
the Protection of Victims of
International Armed Conflicts, 1977

Declaration provided for Article 90 X

API. Acceptance of the Competence
of the Fact-Finding Commission
according to Article 90 API

Additional Protocol II to the Geneva X

Conventions of 1949, and relating to
the Protection of Victims of Non-
International Armed Conflicts, 1977

Additional Protocol III to the Geneva X X X X

Conventions of 1949, and Relating to
the Adoption of an Additional
Distinctive Emblem, 2005

Convention on the Rights of the X X X

Child, 1989

21 | P a g e
Convention on the Prevention and X X X X
Punishment of the Crime of
Genocide, 1948

Optional Protocol to the Convention X X X

on the Rights of the Child on the
Involvement of Children in Armed
Conflict, 2000

International Convention for the X X X X

protection of All Persons from
Enforced Disappearance, 2006

Rome Statute of the International X X X

Criminal Court, 1998

Hague Convention for the Protection X X X X

of Cultural Property in the Event of
Armed Conflict, 1954

Protocol for the Protection of Cultural X X

Property in the Event of Armed
Conflict, 1954

Second Protocol for the Protection of X

Cultural Property in the Event of
Armed Conflict, 1999

Convention on the Prohibition of X X X X

Military or any Hostile Use of
Environmental Modification
Techniques, 1976

Protocol for the Prohibition of the Use X X X

of Asphyxiating, Poisonous, or Other
Gases, and of Bacteriological
Methods of Warfare, 1925

Convention on the Prohibition of the X X

Development, Production, and
Stockpiling of Bacteriological
(Biological) and Toxin Weapons and
on their Destruction, 1972

Convention on the Prohibition or X X X X

22 | P a g e
Restrictions on the Use of Certain

Conventional Weapons which maybe X X X X

be deemed to be Excessively
Injurious or to Have Indiscriminate
Effects (CCW), 1980

CCW, Protocol I on Non-Detectable X X X X

Fragments, 1980

CCW, Protocol II on the Prohibition or X X X

Restrictions on the Use of Mines,
Booby-Traps and Other Devices,
1980

CCW, Protocol III on the Prohibition X X X

or Restrictions on the Use of
Incendiary Weapons, 1980

CCW, Protocol IV on Blinding Laser X X X

Weapons, 1995

CCW, Protocol II on the Prohibition or X X

Restrictions on the Use of Mines,
Booby-Traps and Other Devices as
amended in 1996

CCW, Protocol V on Explosive X X X

Remnants of War, 2003

Amendment to the Convention on the X X

Prohibition or Restrictions on the Use
of Certain Conventional Weapons
which maybe be deemed to be
Excessively Injurious or to Have
Indiscriminate Effects (CCW), 2001

Convention on the Prohibition of the X X X

Development, Production,
Stockpiling, and Use of Chemical
Weapons ad on their Destruction,
1993

Convention on the Prohibition of the X X X X

Use, Stockpiling, Production and
Transfer of Anti-Personnel Mines and

23 | P a g e
on their Destruction, 1997

Convention on Cluster Munitions, X X X

2008

Arms Trade Treaty, 2013 X X

24 | P a g e
 The Charges

Mr. Brad Aragorn is Charged with the Following Crimes before Special International
Criminal Tribunal for the Middle Earth:

The Prosecutor of the Special International Criminal Tribunal for the Middle Earth, pursuant to the
authority given by Article 14 of the Statute of the Special Tribunal, charges Brad Aragorn by his
acts and omissions, with 4 counts of war crimes as set forth below:

The Accused

Brad Aragorn was born in Minas Tirith, Gondor, on the 3rd of October 1970, and was the President
of the Republic of Gondor from 2002 until his overthrow and capture in August 2017. As President
of the Republic, Brad Aragorn held the Presidency and the Executive, and he was the Commander
in Chief of the Gondorian National Army. In this capacity, he had supreme control over the
Gondorian Armed Forces (GNA). Furthermore, he exercised control over the actions of the
Gondorian Police Force (GPF) and the Gondorian Azanastian Rescue Civil Battalion” (GARCB) for
the entire duration of the conflict.

Charges

WAR CRIMES

Count 1

Mr Aragon is criminally responsible, under article 5(2)(e)(vii) and article 8 of the Special Tribunal of
the Middle Earth for ordering the displacement of the civilian population for reasons related to the
conflict, unless the security of the civilians involved or imperative military reasons so demand.

Particulars of the Charge

On 28 June 2016, Mr. Aragorn, being the commander in chief of the Gondorian armed forces
ordered civilians in North Isengard to leave the city.

Count 2

Mr Aragorn is criminally responsible, under article 5(2)(b)(iv) and article 8, of the Statute of the
Special Tribunal for the Middle Earth, for intentionally launching an attack, with the knowledge that
such attack would cause incidental loss of life or injury to civilians or damage to civilian objects or a
combination thereof, that would be clearly excessive in relation to the concrete and direct overall
military advantage anticipated.

Particulars of the Charge

On 30 June 2016 at 0745 hrs, Mr. Aragorn, being the commander in chief of the Gondorian armed
forces ordered or otherwise directed the said military to carry out a strike against the barracks on
Koldiri, causing the death of 10 civilians and extensive destruction of the Karlatton Hospital, which
attack Mr Aragorn knew or had reason to know would result to the incidental loss of civilian lives
and destruction of civilian property which would be clearly excessive in relation to the military
advantage anticipated in the strike.

25 | P a g e
Count 3

Mr Aragon is criminally responsible, under article 5(2)(e)(i) and article 8 of the Special Tribunal of
the Middle Earth for intentionally directing attacks against the civilian population as such or against
individual civilians not taking direct part in hostilities.

Particulars of the Charge

On 1 July 2016 Mr. Aragorn, being the commander in chief of the Gondorian armed forces ordered
or otherwise directed the said military to carry out a strike against a primary school in the district of
Kameroon, causing the death of 10 civilians (8 of them children) and severely injuring another 15,
who were not taking a direct part in hostilities.

Count 4

Mr Aragon is criminally responsible, under article 5(2)(b)(xi) and article 8 of the Special Tribunal of
the Middle Earth for intentionally using starvation of civilians as a method of warfare by depriving
them of objects indispensable to their survival, including wilfully impeding relief supplies as
provided for under the Geneva Conventions

Particulars of the charge

In May and June 2016, Mr. Aragorn, being the commander in chief of the Gondorian armed forces
ordered or otherwise directed the denial of humanitarian access and impeded evacuations of
civilians from Pelargir and Isengard, causing the death of more than 100 people from starvation.

26 | P a g e
 THE STATUTE OF THE SPECIAL TRIBUNAL

FOR THE MIDDLE EARTH

[Excerpts]

Having been established by the Security Council Resolution 1251 (2017) the Special Tribunal for
The Middle Earth (hereinafter "the Special Tribunal") shall function in accordance with the
provisions of the present Statute.

Article 1. Competence of the Special Tribunal

1. The Special Tribunal shall have the power to prosecute persons, who bear the greatest
responsibility for genocide, crimes against humanity and war crimes committed in the territory
of Gondor from the 1 September 2015 to 1 September 2017.

Article 2. 
Crimes within the jurisdiction of the Special Tribunal

2. The jurisdiction of the Special Tribunal shall be limited to the most serious crimes of concern to
the international community as a whole. The Special Tribunal 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; 


Article 3. Genocide

1. The Special Tribunal shall have the power to prosecute persons who committed genocide as
defined in paragraph 2 of this Article or of committing any of the other acts enumerated in
paragraph 3 of this Article.

2. Genocide means any of the following acts committed with intent to destroy, in whole or in part, a
national, ethnical, racial or religious group, as such:
27 | P a g e
 (a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its

physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

3. The following acts shall be punishable:

(a) Genocide;

(b) Conspiracy to commit genocide;

(c) Direct and public incitement to commit genocide;

(d) Attempt to commit genocide;

(e) Complicity in genocide.

Article 4. Crimes Against Humanity

1. The Special Tribunal shall have the power to prosecute persons who committed the following
crimes as part of a widespread or systematic attack against any civilian population with
knowledge of the attack:

(a) Murder;

(b) Extermination;

(c) Enslavement;

(d) Deportation or forcible transfer of population;

(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental

rules of international law;

(f) Torture;

28 | P a g e
 (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or
any other form of sexual violence of comparable gravity;

(h) Persecution against any identifiable group or collectivity on political, racial, national,
ethnic, cultural, religious, gender, or other grounds that are universally recognized as
impermissible under international law, in connection with any act referred to in this
paragraph or any crime within the jurisdiction of the Special Tribunal;

(i) Enforced disappearance of persons;

(j) The crime of apartheid;

(k) Other inhumane acts of a similar character intentionally causing great suffering, or
serious injury to body or to mental or physical health.

2. For the purpose of paragraph 1:

(a) "Attack directed against any civilian population" means a course of conduct involving the
multiple commission of acts referred to in paragraph 1 against any civilian population,
pursuant to or in furtherance of a State or organizational policy to commit such attack;

(b) "Extermination" includes the intentional infliction of conditions of life, inter alia the
deprivation of access to food and medicine, calculated to bring about the destruction of part
of a population;

(c) "Enslavement" means the exercise of any or all of the powers attaching to the right of
ownership over a person and includes the exercise of such power in the course of
trafficking in persons, in particular women and children;

(d) "Deportation or forcible transfer of population" means forced displacement of the

persons concerned by expulsion or other coercive acts from the area in which they are
lawfully present, without grounds permitted under international law;

(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or
mental, upon a person in the custody or under the control of the accused; except that
torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful
sanctions;

29 | P a g e
 (f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made
pregnant, with the intent of affecting the ethnic composition of any population or carrying
out other grave violations of international law. This definition shall not in any way be
interpreted as affecting national laws relating to pregnancy;

(g) "Persecution" means the intentional and severe deprivation of fundamental rights
contrary to international law by reason of the identity of the group or collectivity;

(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to
in paragraph 1, committed in the context of an institutionalized regime of systematic
oppression and domination by one racial group over any other racial group or groups and
committed with the intention of maintaining that regime;

(i) "Enforced disappearance of persons" means the arrest, detention or abduction of

persons by, or with the authorization, support or acquiescence of, a State or a political
organization, followed by a refusal to acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those persons, with the intention of removing
them from the protection of the law for a prolonged period of time.

Article 5. War crimes

1. The Special Tribunal shall have jurisdiction in respect of war crimes.

2. For the purpose of this Statute, "war crimes" means: 


(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the
following acts against persons or property protected under the provisions of the relevant
Geneva Convention:

i. Willful killing;

ii. Torture or inhuman treatment, including biological experiments;

iii. Willfully causing great suffering, or serious injury to body or health;

iv. Extensive destruction and appropriation of property, not justified by military necessity
and carried out unlawfully and wantonly;

v. Compelling a prisoner of war or other protected person to serve in the forces of a

hostile Power;

vi. Willfully depriving a prisoner of war or other protected person of the rights of fair and
30 | P a g e
 regular trial;

vii. Unlawful deportation or transfer or unlawful confinement;

viii. Taking of hostages;

(b) Other serious violations of the laws and customs applicable in international armed conflict,
within the established framework of international law, namely, any of the following acts:

i. Intentionally directing attacks against the civilian population as such or against

individual civilians not taking direct part in hostilities; 


ii. Intentionally directing attacks against civilian objects, that is, objects which are not
military objectives; 


iii. Intentionally directing attacks against personnel, installations, material, units or vehicles
involved in a humanitarian assistance or peacekeeping mission in accordance with the
Charter of the United Nations, as long as they are entitled to the protection given to
civilians or civilian objects under the international law of armed conflict;

iv. Intentionally launching an attack in the knowledge that such attack will cause incidental
loss of life or injury to civilians or damage to civilian objects or widespread, long-term
and severe damage to the natural environment which would be clearly excessive in
relation to the concrete and direct overall military advantage anticipated;

v. Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings

which are undefended and which are not military objectives;

vi. Killing or wounding a combatant or member of a non-state armed group who, having
laid down his arms or having no longer means of defense, has surrendered at
discretion;

vii. Making improper use of a flag of truce, of the flag or of the military insignia and uniform
of the enemy or of the United Nations, as well as of the distinctive emblems of the
Geneva Conventions, resulting in death or serious personal injury;

viii. The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian
population into the territory it occupies, or the deportation or transfer of all or parts of
the population of the occupied territory within or outside this territory;

ix. Intentionally directing attacks against buildings dedicated to religion, education, art,

31 | P a g e
 science or charitable purposes, historic monuments, hospitals and places where the
sick and wounded are collected, provided they are not military objectives;

x. Intentionally directing attacks against buildings, material, medical units and transport,
and personnel using the distinctive emblems of the Geneva Conventions in conformity
with international law; 


xi. Intentionally using starvation of civilians as a method of warfare by depriving them of

objects indispensable to their survival, including willfully impeding relief supplies as
provided for under the Geneva Conventions; 


xii. Conscripting or enlisting children under the age of fifteen years into the national armed
forces/armed group or using them to participate actively in hostilities. 


….

(e) Other serious violations of the laws and customs applicable in conflicts not of an
international character, within the established framework of international law, namely, any
of the following acts:

(i) Intentionally directing attacks against the civilian population as such or against
individual civilians not taking direct part in hostilities; 


(ii) Intentionally directing attacks against civilian objects, that is, objects which are
not military objectives; 


(iii) Intentionally directing attacks against personnel, installations, material, units or

vehicles involved in a humanitarian assistance or peacekeeping mission in
accordance with the Charter of the United Nations, as long as they are entitled to
the protection given to civilians or civilian objects under the international law of
armed conflict;

(iv) …

(v) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, forced
marriage, enforced sterilization, or any other form of sexual violence also
constituting a serious violation of article 3 common to the four Geneva
Conventions; 


(vi) Conscripting or enlisting children under the age of fifteen years into the national

32 | P a g e
 armed forces/armed group or using them to participate actively in hostilities. 


(vii) Ordering the displacement of the civilian population for reasons related to the
conflict, unless the security of the civilians involved or imperative military reasons
so demand; 


(viii) Utilizing the presence of a civilian or other protected person to render certain
points, areas or military forces immune from military operations; 


(f) For the purposes of this Article, the laws applicable to armed conflicts not of an
international character do not apply to situations of internal disturbances and tensions, such
as riots, isolated and sporadic acts of violence or other acts of a similar nature.

(g) Nothing in the above Article shall affect the responsibility of a Government to maintain or
re-establish law and order in the State or to defend the unity and territorial integrity of the
State, by all legitimate means.

Article 6.

Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing
rules of international law for purposes other than this Statute.

Article 7. Elements of Crimes

The Special Tribunal shall be guided by the Elements of Crimes of the International Criminal Court
in the interpretation and application of the relevant crimes in articles 3, 4 and 5.

Article 8. Individual Criminal Responsibility

1. A person, who planned, instigated, ordered, committed or otherwise aided and abetted in the
planning, preparation or execution of a crime referred to in articles 2 to 4 of the present Statute
shall be individually responsible for the crime.

2. The fact that any of the acts referred to in articles 2 to 4 of the present Statute was committed
by a subordinate does not relieve his or her superior of criminal responsibility if he or she knew
or had reason to know that the subordinate was about to commit such acts or had done so and
the superior had failed to take the necessary and reasonable measures to prevent such acts or
to punish the perpetrators thereof.

33 | P a g e
3. The fact that an accused person acted pursuant to an order of a Government or of a superior
shall not relieve him or her of criminal responsibility, but may be considered in mitigation of
punishment if the Special Tribunal determines that justice so requires.

Article 9. Responsibility of commanders and other superiors

In addition to other grounds of criminal responsibility under this Statute for crimes within the
jurisdiction of the Special Tribunal:

(a) A military commander or person effectively acting as a military commander shall be

criminally responsible for crimes within the jurisdiction of the Special Tribunal committed by
forces under his or her effective command and control, or effective authority and control as
the case may be, as a result of his or her failure to exercise control properly over such
forces, where:

(i.) That military commander or person either knew or, owing to the
circumstances at the time, should have known that the forces were
committing or about to commit such crimes; and

(ii.) That military commander or person failed to take all necessary and
reasonable measures within his or her power to prevent or repress their
commission or to submit the matter to the competent authorities for
investigation and prosecution.

(b) With respect to superior and subordinate relationships not described in paragraph (a)
above, a superior shall be criminally responsible for crimes within the jurisdiction of the
Special Tribunal committed by subordinates under his or her effective authority and control,
as a result of his or her failure to exercise control properly over such subordinates, where:

(i.) The superior either knew, or consciously disregarded information which

clearly indicated, that the subordinates were committing or about to
commit such crimes;

(ii.) The crimes concerned activities that were within the effective
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 responsibility and control of the superior; and

(iii.) The superior failed to take all necessary and reasonable measures
within his or her power to prevent or repress their commission or to
submit the matter to the competent authorities for investigation and
prosecution.

[…n]

Article 17. Rights of the Accused

1. All accused shall be equal before the Special Tribunal.

2. The accused shall be entitled to a fair and public hearing, subject to measures ordered by the
Special Tribunal for the protection of victims and witnesses.

3. The accused shall be presumed innocent until proved guilty according to the provisions of the
present Statute.

4. In the determination of any charge against the accused pursuant to the present Statute, he or
she shall be entitled to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail in a language which he or she understands of the
nature and cause of the charge against him or her;

(b) To have adequate time and facilities for the preparation of his or her defence and to
communicate with counsel of his or her own choosing;

(c) To be tried without undue delay;

(d) To be tried in his or her presence, and to defend himself or herself in person or through
legal assistance of his or her own choosing; to be informed, if he or she does not have legal
assistance, of this right; and to have legal assistance assigned to him or her, in any case
where the interests of justice so require, and without payment by him or her in any such
case if he or she does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him or her and to obtain the
attendance and examination of witnesses on his or her behalf under the same conditions

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 as witnesses against him or her;

(f) To have the free assistance of an interpreter if he or she cannot understand or speak the
language used in the Special Tribunal;

(g) Not to be compelled to testify against himself or herself or to confess guilt.

Article 18. Working Language

The working language of the Special Tribunal shall be English.

END OF EXCERPTS.

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