THE 19TH HENRY DUNANT MEMORIAL MOOT COURT COMPETITION, 2019

ICC TRIAL CHAMBER

At The Hague

SITUATION IN THE STATE OF SOHULWA

IN THE CASE OF

THE PROSECUTOR v. Z. KARMONIC

DISPUTE CONCERNING CRIME OF GENOCIDE AND WAR CRIMES

PUBLIC DOCUMENT

WRITTEN SUBMISSION ON BEHALF OF THE PROSECUTION

MEMORIAL ON BEHALF OF PROSECUTOR

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TABLE OF CONTENTS

INDEX OF AUTHORITIES…………….……………….........………………………..……..3

STATEMENT OF JURISDICTION………..........……………...……………….….………...4

STATEMENT OF ISSUES….……………......………………………………….…...…….....5

STATEMENT OF FACTS……..………..…………………………………………………….8

SUMMARY OF PLEADINGS..………..………………………………………………...…...9

PLEADINGS..........................…………………….……….……………………..…………..10

I. WHETHER MR. Z KARMONIC IS GUILTY OF COMMITTING THE

CRIME OF GENOCIDE UNDER ARTICLE 6(a) OF THE STATUTE OF THE
INTERNATIONAL CRIMINAL COURT?

II. WHETHER MR. Z KARMONIC IS RESPONSIBLE FOR COMMITTING

WAR CRIMES UNDER ARTICLE 8(2)(B)(II) FOR INTENTIONALLY
LAUNCHING AN ATTACK AGAINST THE NUCLEAR ENERGY PLANTS
OF ROKUMBA?

III. WHETHER MR. Z.KARMONIC IS LIABLE FOR THE WAR CRIME OF

EXCESSIVE INCIDENTAL DEATH, INJURY, OR DAMAGE UNDER
ARTICLE 8(2)(B)(IV) OF THE STATUTE OF THE INTERNATIONAL
CRIMINAL COURT

PRAYER………………………………………………………………………………...…..2

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INDEX OF AUTHORITIES

STATUTES
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

TREATIES AND CONVENTIONS

1. The Geneva Conventions Of 12 August 1949

2. Protocols Additional To The Geneva Conventions Of 12 August 1949

BOOKS REFERRED
International Law, Malcolm Shaw, 7th Edn, Cambridge

WEBSITES REFERRED

 www.scribd.com

 www.lexitus.org

 www.icty.org

STATEMENT OF JURISDICTION

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It is hereinafter most respectfully submitted that the Prosecutor of this International Criminal

Court has the 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 a follows –

“The jurisdiction of the Court shall be limited to the most serious crimes of concern to the

international community as a while. 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.”

And both Sohulwa and Rokumba are parties to the ICC statute1

STATEMENT OF ISSUES

1
Page 14, Moot Problem

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-I-

WHETHER MR. Z KARMONIC IS GUILTY OF COMMITTING THE CRIME OF

GENOCIDE UNDER ARTICLE 6(a) OF THE STATUTE OF THE INTERNATIONAL
CRIMINAL COURT

-II-

WHETHER MR. Z KARMONIC IS RESPONSIBLE FOR COMMITTING WAR CRIMES

UNDER ARTICLE 8(2)(B)(II) FOR INTENTIONALLY LAUNCHING AN ATTACK
AGAINST THE NUCLEAR ENERGY PLANTS OF ROKUMBA?

-III-

WHETHER MR. Z.KARMONIC IS LIABLE FOR THE WAR CRIME OF

EXCESSIVE INCIDENTAL DEATH, INJURY, OR DAMAGE UNDER ARTICLE 8(2)(B)
(IV) OF THE STATUTE OF THE INTERNATIONAL CRIMINAL COURT

STATEMENT OF FACTS

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1. The Sarozula subcontinent is located in continent Z , comprising of 4 nations namely

Sambhota , Sohulwa , Rokumba and Zumanja . 70% of the area of Sohulwa is
between the rivers R1 and R2. Four prominent kingdoms existed in the subcontinent
which witnessed many colonial wars over natural resources , etc. After signing the
treaty of Sarozula each colonial power got its independent area to administer . 
2. Some pockets of Sohulwa’s land were declared to be Lands for Sarozula (LfS) ,
administered by representatives from all the nations .
3. Predominance of different religions that is, Sohu, Sambho, Zuma and Rokum in
different areas of the subcontinent resulted in the demarcation of formal borders for
these countries but religious minorities were present in each country. Sohu, the most
ancient religion of Sarozula was opposed by the reformative movements which
opened doors for other religions in Sarozula. Rokum religion is the most recent
religion to emerge in the subcontinent, bearing no connection to the Sohu religion.
4. After gaining independence in 1955, all countries became secular democracies. 4
universities were established under the banner name of University of Sarozula, one in
each country.
5. Failure of successive governments in socio-economic sphere gave birth to aggressive
nationalism. Superiority of Sohu religion started emerging. Sarozula of Sohus (SoS)
was established on the banks of R2 advocating the adoption of Sohu religion by
religious minorities in Sarozula. SoS was receiving patronage from the Sohu Voice
Party (SVP).
6. Branches of SoS had extended to all parts of the subcontinent except Rokumba from
1919 onwards. A ban on SoS movement was ordered by Rokumba in 2007 on
grounds of law and order. Though the smallest country, Rokumba saw massive
progress in the field of science and technology. Several industries were established on
the banks of small rivers that ultimately joined R2. Environmental disputes started
becoming common between Sohu and Rokumba.   
7. With the advent of nuclear technology in Rokumba, it declared that it would use its
nuclear technology for peaceful purposes and 2 nuclear plants were subsequently
established.
8. Rokumba started diverting water for industrial purposes which led to water pollution,
however, it offered compensation to all affected countries. Water pollution cost many
lives in adjoining areas of R2 in Sohulwa. Negotiation soccured but failed. On 11th

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March, 2018, all supplies from LfS to Rokumba were stopped by Sohulwa and
citizens of Rokumba ordered to leave Sohulwa within 48 hours.
9. Rokumba withdrew from the Treaty of Sarozula on 13th March, 2018, Rokumban
nationals working in LfS had gone missing. Media reports stated that they did not
return to Rokumba. In Rokumba, Sohulwan students and faculties in the University of
Sarozula were taken into custody on charges of sedition and conspiracy.
10. On 30th March, 2018, Help Sarozula, a facebook account was created by Mr.
Z.Kaarmonic - an ardent follower of SoS and head of its cyber wing, he held a
computer engineering degree from the world’s most reputed institution. This account
became the source of generating hatred against Rokumba. An invitation to march
towards the border of Rokumba was mailed through the page on 15th April. The
account became inoperable but the message spread across facebook rapidly. Armed
marchers gathered near the borders. Mr. Z. Karmonic arrested by Sohulwan
government for inciting public disobedience and the government discouraged public
from following the march. The situation went out of control with people joining the
march in 1000s. 
11. While Help Sarozula laid down its demands, Sohulwan government ordered its armed
forces to ensure security at the borders. On 20th April, 2018, Rokum religious sites in
the capital of Rokumba were bombed, killing 100 people and injuring 200 further.
The Rokumban government accused the banned SoS group for this. 
12. Havoc wrecked in the capital of Sohulwa and several civilians and policemen died.
Z.Karmonic along with many other prisoners managed to escape custody. 
13. Missile attacks on 5 SoS offices in Sohulwa were initiated by Rokumba on 22nd
April, 2018. Rokumba demanded withdrawal of the marchers. 
14. Help Soruzola became active again on facebook spreading venom against Rokumba
and the Rokums. Z.Karmonic glorified the marchers as fighters. Another round of
hostilities across the border killed 500 people in total.
15. ICRC, initiated negotiations between the 2 countries for safety and security. But some
Help Sarozula marchers were still at the border.
16. On 25th May, 2018, Mr. Z. Karmonic shared false post on facebook carrying ICRC
insignia deploring killings at the hand of Rokumban government. It was later found
out and clarified by ICRC that its website was hacked and this was false news.
Rokumban minorities in Sohulwa were targeted and killed in large numbers by mobs
only in a single night. 

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17. Cyber attacks ensued from Rokumba’s armed forces on the Sohulwan army. Mr. Z.
Karmonic was granted pardon by the SOhulwan government and made the head of the
cyber cell of the Sohulwan armed forces. His task was to properly answer the cyber
actions of Rokumba.
18. On 15 July 2018, there were sudden blasts in both nuclear energy plants of Rokumba.
These blasts resulted in radioactive leaks and caused great suffering. These blasts also
caused severe damage to the natural environment and permanent damage in
unquantifiable terms.
19. Committees subsequently were constituted by the Security Council to look into the
cause of the attacks which subsequently discovered 10 supercomputers in an
underground village of Sohulwa which were alleged to be the instruments used in
causing the attacks.
20.  After complying with all formalities the ICC issued arrest warrants against five
persons including Mr. Z. Karmonic, on 15 June 2019.  Mr. Z. Karmonic was arrested
on 10 June 2019, from a village in Sohulwa. Subsequently he was handed over to the
ICC.

After complying with all formalities the Trial Chamber of the ICC will now commence with a
trial based on charges of genocide and war crimes under Articles 6 and 8 of the ICC Statute

SUMMARY OF PLEADINGS

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I. WHETHER MR. Z KARMONIC IS GUILTY OF COMMITTING THE

CRIME OF GENOCIDE UNDER ARTICLE 6(a) OF THE STATUTE OF THE
INTERNATIONAL CRIMINAL COURT?

II. WHETHER MR. Z KARMONIC IS RESPONSIBLE FOR COMMITTING

WAR CRIMES UNDER ARTICLE 8(2)(B)(II) FOR INTENTIONALLY
LAUNCHING AN ATTACK AGAINST THE NUCLEAR ENERGY PLANTS
OF ROKUMBA?

III. WHETHER MR. Z.KARMONIC IS LIABLE FOR THE WAR CRIME OF

EXCESSIVE INCIDENTAL DEATH, INJURY, OR DAMAGE UNDER
ARTICLE 8(2)(B)(IV) OF THE STATUTE OF THE INTERNATIONAL
CRIMINAL COURT

PLEADINGS

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I. WHETHER MR. Z KARMONIC IS GUILTY OF COMMITTING THE

CRIME OF GENOCIDE UNDER ARTICLE 6(a) OF THE STATUTE OF THE
INTERNATIONAL CRIMINAL COURT?

II. WHETHER MR. Z KARMONIC IS RESPONSIBLE FOR COMMITTING

WAR CRIMES UNDER ARTICLE 8(2)(B)(II) FOR INTENTIONALLY
LAUNCHING AN ATTACK AGAINST THE NUCLEAR ENERGY PLANTS
OF ROKUMBA?

III. WHETHER MR. Z.KARMONIC IS LIABLE FOR THE WAR CRIME OF

EXCESSIVE INCIDENTAL DEATH, INJURY, OR DAMAGE UNDER
ARTICLE 8(2)(B)(IV) OF THE STATUTE OF THE INTERNATIONAL
CRIMINAL COURT

PRAYER

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Wherefore in light of the questions presented, arguments advanced and authorities cited, the

Prosecution respectfully requests this Court to adjudge and declare that:

a) Z. Karmonic be held guilty of the Crime of Genocide under article 6 (a) of the ICC

Statute

b) Z. Karmonic be held guilty of committing War Crimes under article 8 (2)(b)(ii) of the

ICC Statute

c) Z. Karmonic be held guilty of committing War Crimes under article 8(2)(b)(iv) of the

ICC Statute

On Behalf of the Prosecution

Counsel for the Prosecution

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