II.

THAT THE ACCUSED ARE NOT GUILTY OF CRIMES UNDER ARTICLE 7 OF

THE ROME STATUTE.

It is humbly submitted before the Hon’ble court that the accused have been charged of crimes
under Article 7 of the Rome Statute which talks about Crime against humanity. Its sub-clauses
describes the specific crimes the accused have been charged with; Article 7(1)(a) which states
crime against humanity of murder, Art.7(1)(b) which describes crime against humanity of
extermination, Art.7(1)(c) states crime against forcible transfer of population and Art.7(1)(g)
states rape and sexual slavery. The act committed was not widespread and systematic. The
accused did not possess the Command Responsibility of the alleged act as there was no
knowledge on their part that their subordinates were engaging or planning to engage in the
alleged act.

II. i) The attacks that took place in Kalochistan were not targeted against a civilian population.

The attacks that took place in Kalochistan were not targeted against civilian population. Crime
against humanity under article 7 of the Rome Statue comprise only those crimes listed in the
definition that are committed “ as a part of widespread or systematic attack directed against any
civilian population” only if these elements which can be taken together as a contextual element
of the crime ,are present one can presume the existence of a crime against humanity. The
contextual element for crime against humanity includes :

1. A civilian population as the object of crime

2. Widespread or systematic attack directed against a civilian population : it does not
fulfilled the fact that attack involves commission of acts of violence 1by the
perpetrator . It is clear that the individuals were targeted in such a way as to the
attack was in fact directed against a civilian population rather than against a
limited and randomly selected number of individuals2.

ii ) Mr. Jabralter Manoch and Lucifier Rhina did not take leading role.
1
Prosecutor v Naletelic and Martinovic ,ICTY(Trial chamber), Judgment on 31 st March 2003

2
Prosecutor v. Kanarac ,ICTY (Appeals chamber )judgment on 12 th june,2002
 The policy element 3 - Element 3 not fulfilled . Article 7(2)(a)of the Statue requires
that the attack on civilian population must be carried out in pursuant to or in
furtherance of a state or organizational policy to commit the act. There was no
planned, directed or organized crime4supervised by Mr. Jabralter Manoch and
Lucifier Rhina. They did not take a leading role or actively participated.

iii ) Jeremy Kaloch is not liable

No proof mandates commission by perpetrator himself : Element fulfilled which

requires crime of extermination, requires that “The perpetrator killed one or more
persons, including by inflicting conditions of life calculated to bring about the
destruction of part of a population.” There is no evidence to establish any killings by
Jeremy Kaloch thereby rendering the first element of crime, unfulfilled.5
 There was no infliction of conditions of life calculated to bring about the destruction
of a part of a population. The casualties that are apparent in the region of Kalochistan
have been inflicted by an armed dissident group of Kaloch Liberation Front.
 Absence of “Knowledge” and “Intention”of Jeremy Kaloch - Awareness that a
circumstance exists or a consequence will occur in the ordinary course of events is
“knowledge”6 . The requirement that perpetrator “must know” of the acts of violence
cannot be claimed since Jeremy Kaloch was not aware as to the activities . In the
present case, Jeremy Kaloch had no intention, in relation to his conduct, to cause
killing of individuals. This is a declaratory reference to Article 30’s 7 general
requirement for the mental element which is not fulfilled in the present case.

iv) There was no violation of human rights :

3
Inspired by the Draft code of 1996,commentary on art 18,para 3
4
D.Robinson ,93 American Journal of International Law (1993),p.43 at p.51;D.Robinson in F.Latanzi and W.A.
5
Elements of Crimes for Art. 7(1)(b), ICC Statute, UN doc. PCNICC/2000/1/Add.2 (2000)
6
Elements of Crimes for Art. 7(1)(b), ICC Statute
7
Rome Statute art.30(1)
There was no violation of human rights. The DCKP were targeted due to the
continuous acts of violence within their country. That is to say that the “ attacks
“were against civilians and not civilian population.most importantly, such attacks
were not directed by Mr. Jabralter Manoch and Lucifier Rhina but by the rebel
group within their country nullifying their liability.