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PROSECUTION

1. BRIGADIER G. KUMANOVA, IS GUILTY OF WAR CRIME UNDER


ARTICLE 8(2)(B)(VIII) OF ROME STATUTE

The accused person in the present case had the intent to transfer population into the
occupied territories of Khawransik as twenty thousand followers of Zambua religion from
Zamharta were placed almost in all occupied districts of Khawransik, also the act of the
accused was analogous with the international armed conflict as war was declared against
Khawransik on 20th December 2011 in which citizens of Zamharta assisted the army in
war efforts, which created tussle between two states, lastly he was aware of factual
circumstances that established an armed conflict between Zamartha and Khawransik.

2. BRIGADIER G. KUMANOVA, IS GUILTY OF CRIME AGAINST


HUMANITY UNDER ARTICLE 7(1)(H) OF ROME STATUTE

The act of the accused in the present case is sufficient to constitute persecution as his
conduct led to burning of villages and murder of two guards on the ground that their
teachings were seditious. Also, the acts of destruction of villages, houses and educational
institutions by the ZOAK armed forces were committed in furtherance of it.The crimes
such as murder and arson committed against the people of Khawransik, a civilian
population clearly proves that the accused had committed crimes against humanity as per
Article 7 of the Rome Statute.
DEFENCE

1. BRIGADIER G. KUMANOVA, IS NOT GUILTY OF WAR CRIME


UNDER ARTICLE 8(2)(B)(VIII) OF ROME STATUTE
A. The requisites of Article 8 (2)(B)(VIII) are not established, because no sufficient
evidence to establish substantial ground is present. In fact conduct took place in the
context of and was associated with an international armed conflict is not established
as principal offender was Mr. H. Zambaza. The Brigadier was not aware of the factual
circumstances and did not had the intention as the accused did not had any effective
command and control over the act of transfer. The accused didn’t contribute to the

alleged international war crime in any was thus is not liable.

B. BRIGADIER G. KUMANOVA, IS NOT GUILTY OF CRIME AGAINST


HUMANITY UNDER ARTICLE 7(1)(H) OF ROME STATUTE

The act of the accused in the present case is not sufficient to constitute persecution as
the brigadier did not intend or knowledge of any widespread or systematic attack.
Further no attacks were directed against civilian population. His conduct of burning of
school and houses was committed due to military necessity and the act does not form
part of the International Armed Conflict. The murder committed was in response to
Khawransik’s inciting violence and action initiated by accused were to avert one’s
own death and for the protection of Zamharta, thus being covered under the act of self
defence. Therefore, the accused has not committed crimes against humanity as per
Article 7 of the Rome Statute.