12th GNLU International Moot Court Competition, 2020

2 nd PRAVIN GANDHI COLLEGE OF LAW SAARC INTERNATIONAL MOOT COURT

COMPETITION, 2022

CASE BEFORE THE INTERNATIONAL CRIMINAL COURT, PRE-TRIAL CHAMBER – II

TEAM CODE: T-526

ICC …Complainant

versus

Mr. Wolf …Respondent

-WRITTEN SUBMISSION ON BEHALF OF THE COMPLAINANT-

WRITTEN SUBMISSION on behalf of CLAIMANT 1
 12th GNLU International Moot Court Competition, 2020

TABLE OF CONTENTS

TABLE OF CONTENTS..........................................................................................................2

LIST OF ABBREVIATIONS................................................................................................3

INDEX OF AUTHORITIES..................................................................................................4

a) PANEL REPORT……………………………………………………………………….4

b) APPELATE BODY REPORT………………………………………………………….4

c) INTERNATIONAL AGREEMENTS………………………………………………….5

d) CASES……………………………………………………………………………………5

e) BOOKS…………………………………………………………………………………..7

STATEMENT OF FACTS...................................................................................................9

SUMMARY OF PLEADINGS..............................................................................................17

LEGAL PLEADINGS.............................................................................................................18

I. IS THE ICC BARRED FROM EXERCISING ITS JURISDICTION OVER THE

SITUATION IN JANAKLAND IN LIGHT OF ARTICLE 17 OF THE ROME
STATUTE?.................................................................................................................18

II. WHETHER MR. WOLF HAD SPECIFIC INTENT AS REQUIRED BY ARTICLE 6

OF THE ROME STATUTE?....................................................................................20
III. WHETHER MR. WOLF’S CONDUCT CAN BE CONSIDERED TO BE A
“WIDESPREAD AND SYSTEMATIC” ATTACK AGAINST THE VEJAN
POPULATION?..........................................................................................................23

REQUEST FOR FINDINGS.................................................................................................26

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LIST OF ABBREVIATIONS

AB - Appellate Body

Annex. - Annexure

art. - Article

CPC - Central Product Classification

DCOS - Directly Competitive or Substitutable Products

Doc. - Document

DSR - Dispute Settlement Records

DSU - Dispute Settlement Understanding

EC/ECU - European Communities

EU - European Union

ECC - European Economic Community

GATS - General Agreement on Trade in Services

GATT - General Agreement on Tariffs and Trade

Id. - Ibidem

No. - Number

SMRA - Social Media Regulation Act

SCP - Social Credit Plan

UN - United Nations

US - Unites States

Vol. - Volume

WT/DS - World Trade/Dispute Settlement

WTO - World Trade Organisation

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INDEX OF AUTHORITIES

PANEL REPORTS

1) Preparatory Committee, Report of the Preparatory Committee on the Establishment of an

International Criminal Court, 14 April 1998, A/CONF.183/2/Add.1 – p. 11, Article 5, fn.
1
2) Panel Report, Argentina - Definitive Anti-Dumping Duties on Poultry from Brazil, WTO
Doc. WT/DS241/R, Apr. 22 2003
3) Panel Report, Indonesia - Certain Measures Affecting the Automobile Industry, WTO
Doc. WT/DS64/R, 2 Jul. 1998.
4) Panel Report, Russia - Measures concerning traffic in transit, WTO Doc. WT/DS512/R
(Apr. 5, 2019)
5) Panel Report, Turkey - Restrictions on Imports of Textile and Clothing Products, WTO
Doc. WT/DS34/R, 31 May 19

APPELLATE BODY REPORTS

1) Antonio Cassese, The international criminal Court: the making of the Rome statute issues,
negotiations, results, edited by Roy S. Lee; in cooperation with The Project on
International Courts and Tribunals, published by The Hague: Kluwer Law International,
c1999. at 606 (hereafter “Antonio Cassese”)
2) I.C.J. Reports 1957, p. 53/ WIPO, Case No. D2004-0535, 2004
3) ICJ Reports, 1955, pp.4, 23; 22 ILR, pp. 349,360. at 725
4) ICRC, How is the term ‘Armed Conflict’ defined in international humanitarian law? ,
Opinion Paper, March 2008, p.3
5) ICRC, Protection of Victims of Non-International Armed Conflicts, Document presented
at the Conference of government experts on the reaffirmation and development of
international humanitarian law applicable in armed conflicts, Vol. V, Geneva, 24 May-
12June 1971, p.79
6) ICTY, Order granting leave for withdrawal of charges against Govedarica, Gruban, Janjic
´, Kostic´,Paspalj, Pavlic´, Popovic´, Predojevic´, Savic´, Babic´ and Spaonja issued by
Judge Riad on 8 May 1998
7) J. Delbruck & R. Wolfrum, Volkerrecht, Part I/3, 1145,( 2nd edition, 2002).

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INTERNATIONAL AGREEMENTS

1) Krstić, ICTY Appeals Chamber, Judgment, 19 April 2004, para. 224

2) Pre-Trial Chamber, Al Bashir, PT. Ch., 4 March 2009, para. 124
3) Al Bashir, ICC PT. Ch., Arrest Warrant Decision, ICC-02/05-01/09-3, 4 March 2009
4) Al Bashir, Pre-Trial Chamber, Arrest Warrant Decision, ICC-02/05-01/09-3, 4 March 2009,
para. 123

CASES

1) Prosecutor v. Clément Kayishema and Obed Ruzindana (Case No. ICTR-95-1-T), ICTR T. Ch.,
Judgment, 21 May 1999, para. 94
2) Prosecutor v. Ferdinand Nahimana, Jean-Bosco Barayagwiza, Hassan Ngeze (Case No. ICTR-
99-52-T), ICTR T. Ch., Judgment, 3 December 2003, para. 524
3) Prosecutor v. Jean-Paul Akayesu (Case No. ICTR-96-4-T), ICTR T. Ch., Judgment, 2
September 1998, para. 523
4) see Prosecutor v. André Ntagerura, Emmanuel Bagambiki, Samuel Imanishimwe (Case No.
ICTR-99-46-T
5) Prosecutor v. Kayishema, ICTR T. Ch., 21 May 1999, para. 93
6) cf. Prosecutor v. Radoslav Brđanin (Case No. IT-99-36-T), ICTY T. Ch., Judgment, 1
September 2004, para. 699
7) Prosecutor v. Milomir Stakić (Case No. IT-97-24-T), ICTY T. Ch., Judgment, 31 July 2003
8) Prosecutor v. Vidoje Blagojević and Dragan Jokić (Case No. IT-02-60-T), ICTY T. Ch.,
Judgment, 17 January 2005, para. 656
9) Prosecutor v. Seromba (Case No. ICTR-2001-66-I), ICTR T. Ch., Judgment, 13 December 2006
10) Prosecutor v. Blagojević, ICTY T. Ch., 17 January 2005, para. 666
11) Prosecutor v. Radislav Krstić (Case No. IT-98-33-T), ICTY T. Ch., Judgment, 2 August 2001,
para. 576, fn. 1284
12) Prosecutor v. Radoslav Brđanin (Case No. IT-99-36-T), ICTY T. Ch., Judgment, 1 September
2004, para. 701; YILC, 1996, vol. 2, part 2, 45, para. 8
13) Prosecutor v. Radislav Krstić (Case No. IT-98-33-A), ICTY A. Ch.

14) Prosecutor v. Kayishema (Case No. ICTR-95-1-T), ICTR T. Ch., Judgment, 21 May 1999
15) Prosecutor v. Radoslav Brđanin (Case No. IT-99-36-T), ICTY T. Ch.
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16) Prosecutor v. Zdravko Tolimir (Case No. IT-05-88/2-A), ICTY A. Ch. Judgment, 8 April 2015,
para. 261

17) Prosecutor v. Goran Jelisić (Case No. IT-95- 10-T), ICTY T. Ch., Judgment, 14 December
1999, para. 82
18) Prosecutor v. Radislav Krstić (Case No. IT-98-33-A), ICTY A. Ch., Judgment, 19 April 2004
19) Prosecutor v. Zdravko Tolimir (Case No. IT-05-88/2-T), ICTY T. Ch., Judgment, 12 December
2012, paras. 780–82
20) Prosecutor v. Duško Sikirica, Damir Došen, Dragan Kolundžija (Case No. IT-95-8-T), ICTY T.
Ch., Judgment on Defence Motion to Acquit, 3 September 2001, para. 68
21) In Prosecutor v. Krstić, ICTY T. Ch., 19 April 2004
22) Arrest Warrant of 1 April 2000 (Democratic Republic of the Congo v. Belgium), Judgment,
I.C.J. Reports 2002, Para.51
23) ICTY, Prosecutor v. Haradinaj, Case No. IT-04-84-T, Judgement (Trial Chamber), 3 April
2008, Para 49
24) Shaw vs. , public of prosecution
25) R. s. manley, 2 October 1995, Para 70.
26) International Court of Justice, SS Lotus (France v. Turkey), PCIJ 1927 Series A, No. 10, 7
September 1927, [Cited as Lotus Case]
27) Israel, Eichman, Supreme Court, judgment of 29 May 1962, English translation in 36 ILR
28) Lubanga, Judgement on the Appeal against the decision on the Defense Challenge to the
Jurisdiction of the Court pursuant to Article 19 (2) (a), Case No: ICC-01/04-01/06, 14
December 2006.
29) Prosecutor v. Blaskic, IT-95-14 Judgement, 3 March 2000 (hereinafter “The Blaskic
Judgement”) Declaration of Judge Shahabuddeen.
30) Prosecutor v. Nahimana et al., (Case No. ICTR-99-52-T) 3 December 2003
31) Prosecutor v. Omar Hassan Ahmad Al Bashir, Decision on the Prosecutor’s Application for a
Warrant of Arrest against Omar Hassan Ahmad Al Bashir, Public Redacted Version, Case No:
ICC-02/05-01/09, 4 March 2009
32) Rivard v. United States, US Court of Appeal judgment of 375 F ed 882 (5th Cir. 196

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BOOKS

1) CASSESE, INTERNATIONAL CRIMINAL LAW (2008)

2) ZIMMERMANN, Secession and the law of State succession in M. KOHEN (ED),
SECESSION: INTERNATIONAL LAW PERSPECTIVES (2006)
3) AMERASINGHE, JURISDICTION OF SPECIFIC INTERNATIONAL TRIBUNALS (2009).
4) BOLLECKER-STERN, LE PREJUDICE DANS LA THEORIE DE LA RESPONSABILITE
INTERNATIONAL (1973).
5) MURRAY, Conduct of Hostilities and Targeting in E. WILMSHURT et al (ED.),
PRACTITIONERS' GUIDE TO HUMAN RIGHTS LAW IN ARMED CON FLICT (2016).
6) GAGGIOLI, "The Use of Force in Armed Conflicts: Conduct of Hostilities, Law Enforcement
and Self-Defense" in C. FORD, W. WILLIAMS, COMPLEX BATTLESPACES: THE LAW
OF ARMED CONFLICT AND THE DYNAMICS OF MODERN WARFARE (2019).
7) NOLTE & A. RAN DELZHOFER, Action with Respect to Threats to the Peace, Breaches of
the Peace, and Acts of Aggression, Article 51, in B. SIMMA et al (EDS), THE CHARTER OF
THE UNITED NATIONS: A COMMENTARY, VOLUME II, (2012)
8) CRAWFORD, BROWNLIE'S PRINCIPLES OF PUBLIC INTERNATIONAL LAW (2012).
9) CRAWFORD, CHANCE, ORDER, CHANGE: THE COURSE OF INTERNATIONAL LAW,
GENERAL COURSE ON PUBLIC INTERNATIONAL LAW (2014)
10) CRAWFORD, STATE PRACTICE AND INTERNATIONAL LAW IN RELATION TO
SECESSION (2014)
11) CRAWFORD, STATE RESPONSIBILITY:THE GENERAL PART (2013)
12) M. HENCKAERTS & L. DOSWALD-BECKM CUSTOMARY INTERNATIONAL
HUMANITARIAN LAW, VOL. 1(2009)
13) PAWELYN, CONFLICT OF NORMS IN PUBLIC INTERNATIONAL LAW, HOW THE
WTO LAW RELATES TO OTHER RULES OF INTERNATIONAL LAW (2003).
14) KITTICHAISAREE, THE OBLIGATION TO EXTRADITEOR PROSECUTE (2018)
15) BERGSMO & L. YAN, STATE SOVEREIGNTY AND INTERNATIONAL CRIM INAL
LAW (2012)
16) CRAVEN, THE DECOLONIZATION OF INTERNATIONAL LAW: STATE SUCCESSION
AND THE LAW OF TREATIES (2007).

17) CORTEN & P. KLEIN, THE VIENNA CONVENTION ON THE LAW OF TREATIES: A
COMMENTARY. VOLUME I (2011)

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18) TRIFFTERER & K. AMBOS,THE ROME STATUTE OF THE INTERNATIONAL

CRIMINAL COURT. ACOMMENTARY (2015)
19) DUMBERRY, A GUIDE TO STATE SUCCESSION IN INTERNATIONAL INVESTMENT
LAW (2018)
20) JENNINGS ET AL (EDS.), OPPENHEIM'S INTERNATIONALLAW (1992).
21) Randelzhofer, Article 51 in B. SIMMA, THE CHARTER OF THE UNITED NATIONS 802
(2002)
22) BOOTHBY, WEAPONS AND THE LAW OF ARMEDCONFLICTS (2016)
23) DINSTEIN, WAR, AGGRESSION AND SELF-DEFENCE (2011).
24) SHANY, THE COMPETING JURISDICTIONS OF INTERNATIONAL COURTS AND
TRIBUNALS (2003).

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STATEMENT OF FACTS

1. Janakland is a democratic, non-secular country with a population of 5,00,000 people. 70%

people in Janakland professed the Andal religion, 27% people professed the Vejan religion,
and 3% people professed Christianity.

2. The Constitution of Janakland declares the “Andal” to be the national religion.

Consequently, the Constitution of Janakland affords various protections and safeguards
towards Andalian gods, practices and cultures. These protections and safeguards were only to
the extent of the preservation of the Andal religion. The Constitution, however, did not
distinguish or discriminate between its citizens on the basis of their religion, and people of all
religions enjoyed freedom of opportunity, occupation and speech. In fact, Janakland had
always performed well in the Global Freedom and Happiness Indices.

3. Janakland became independent in 1973, and it joined the United Nations [“UN”] in 1981.
It acceded to the Rome Statute in 2007. From the very beginning of its independence,
Janakland was extremely inter-connected with countries around the globe. A resource-rich
country, 70% of Janakland’s GDP comprised of the revenue it generated through global trade.
The per capita income in Janakland was very high, and a spirit of entrepreneurship and
industrialism propelled the country forward at a tremendous rate.

4. Janakland’s progress was surprising because it fell in a region which was torn apart by war,
famine and instability. Janakland’s neighboring nations found it difficult to maintain
democratic facades, and coups were a common and a frequent occurrence. Janakland’s
immediate neighbor, Rainbowland was perhaps the worst hit in the area by famines. The
famines caused great hardship to the people, and the same resulted in the military of
Rainbowland gaining a stronghold over the political machinery in Rainbowland.

5. At the time of its independence, Janakland’s Vejan population comprised less than 5% of
their total population. Vejans were the majority people in Rainbowland, with them
comprising over 50% of Rainbowland’s population. Over the years, due to the excesses being
committed by Rainbowland’s military in the country, and due to immense food shortages, a

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large part of Vejans living in Rainbowland began migrating to Janakland for search of better

opportunities. Janakland, too, opened its doors to these refugees who were displaced from
Rainbowland for all sorts of reasons. As a consequence, by 1990, Janakland’s Vejan
population comprised 27% of its total population.

6. By 2002, Janakland began facing some stagnation in its development and growth. Over
three decades of growth and development was finally coming to a seeming end; with land
utilization hitting a glass ceiling, with some areas experiencing severe depletion of resources
in the land and groundwater, leading to a fall in crop yield. The availability of cheaper labor
in other developing nations put a halt on the ever-increasing industrial sector of Janakland.
The effect of this was directly felt by the GDP since these factors lead to a reduction in the
output of the Janakland, and consequentially the quantum of goods it had for export purposes
after domestic use. The inflow of migrants from neighboring states, and specifically
Rainbowland made the situation all the worse.

7. By 2012, the situation had become a bit dire. Several parts of the country were facing food
and water shortages due to depletion in groundwater levels and degradation of land quality.
45% of Janakland’s industries either shut down due to foreign entities moving their
production processes to other countries or due to the unavailability of raw materials.
Employment rates had shot up to 18% as compared to the meagre 3% in the pre-2002 years.

8. 2012 also marked the beginning of the run-up to the general elections to be held in
Janakland in the year 2014. Unemployment, food and water shortages and the general
dwindling state of affairs of the country formed the major part of the election campaign of
Mr. Tibmas Wolf, the Prime Ministerial candidate of the opposition party, The National
Andal Party [“NAP”]. Mr. Wolf travelled across the country extensively, meeting people
from all walks of life, and provoking their deep dissatisfaction with the ruling party, The All
Janakland Workers Party [“AJWP”].

9. The AJWP had been in power since 1999, after three and a half terms of incumbency, the
party’s popularity was at an all-time low. During this time, the AJWP had seen three
different Prime Ministers. The current Prime Minister, Mrs. Shamsundar Black had been in
office since 2009. Coming from a generationally rich family, she was Harvard educated and
had trouble relating to the common folk of Janakland. However, she was handed the Prime

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Minister ship precisely for this reason. An experienced economist and politician, she had the
capacity to draw foreign investment, and her extensive knowledge of economics and policy

held the trust of the market.

10. However, in her second term, she lost the faith of the people in spite of her telling
qualities which helped keep the economy of Janakland together. These were matters which
the majority of the people were seemingly uninterested in. Naturally so, they were blindsided
by their more immediate needs. Amidst this chaos, emerged Mr. Wolf, a devout Andalian, the
son of a common factory worker, educated in the public schools of Janakland; a man who
spoke the language of the populace. The public went crazy about him.

11. Mr. Wolf’s foray into politics coincided with a turning point in the modern history of
Janakland, and it catapulted him to wide popularity in spite of his lack of experience and
vision. The 2019 general elections saw him translate this popularity into votes as NAP came
to power, winning 257 out of the 505 seats in the Janakland Parliament. All news channels
flashed Mr. Wolf’s photos, all streets of Janakland had his posters, and every lip in the
country muttered his name in approval. Prime Minster Wolf became the first Janakland Prime
Minister to enjoy such an unbridled mandate of the people.

12. Things went well in Prime Minister Wolf’s first year in power. The optimism brought
about by his election as Prime Minister had helped people forget about their pressing needs
momentarily. The optimism died soon, but the hunger did not and things started getting a
little turbulent. In January 2020, some local newspapers in the Nanji region of Janakland
started reporting an extreme shortage of water leading to famines. The Nanji region was home
to 22% of Janakland’s Vejans. The news soon caught national attention and urgent call for
action was demanded from the incumbent NAP Government and Mr. Wolf. However, the
NAP Government maintained that no famines had taken place and that the issue was
exaggerated by the newspapers for gaining traction.

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13. By March 2020, national newspapers and media outlets began broadcasting imagery from
Nanji, reporting that over 15,000 people had died of malnourishment since the time Mr. Wolf
assumed power. Of these 12,000 were Vejans. On 13thMarch, 2020, Mr. Wolf held a press
conference wherein he admitted that certain parts of the Nanji region were experiencing mini-
scale famines. He was quoted saying,

“Yes, it is true that the shortage of food and potable water in certain parts of Nanji are below
optimal levels. Yes, it is also true that these sub-optimal levels of food and water have caused
a few deaths. We don’t have the exact figures yet, but it is safe to say that the media reports
are not exaggerated and quite possibly represent an accurate figure, but official enquiry into
the matter is underway. The Government is taking all necessary measures to bring the
situation under control, and it is important to appreciate that the problem is a deep rooted
one, and it would not be correct to blame the present Government for these deaths. In fact, we
are doing everything to ensure that the problem does not spread to other parts of Janakland.”

14. By June 2020, the situation in Janakland had gone from bad to worse. The media reported
that over 60,000 people had died due to food shortage in the Nanji region, of which 50,000
were Vejans. Reports also suggested that other parts of Janakland, the Andal dominated
regions were also facing acute food shortage and close to 5,000 people had died in these
regions. In a Press Conference held on 12th June 2020, after the publication of these media
reports, Mr. Wolf was quoted saying,

“The situation is dire. This is the biggest challenge our population has ever faced, and it
threatens our very existence. But we will face this problem, and if need be, we will take
difficult measures. We are going to put an embargo on all exports, and the Government will
acquire food grains domestically and globally and redistribute the same to the worst affected
regions to bring the situation under control. I want to assure everyone that we will prevail!”

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15. In the months which followed, Mr. Wolf’s government did precisely as he had promised,
buying food grains off the market and redistributing it across the country. As a consequence,
the famines in most regions of Janakland were controlled. However, local newspapers still
reported deaths from the Nanji region, predominantly from the Vejan community. In these
years of famine, their population had been almost reduced by half. On 13th August, 2020 Mr.
Wolf’s office released a press release which stated,

“…although famines have been controlled in most regions, the situation still prevails in some
areas of the Nanji region. Although the Government is engaged in relief operations, the
Governmental stores are running at an all-time low, with us having purchased all that we
could. We are trying all other alternatives, but the situation looks grim.”

16. At a media event held on 20th August, 2020, Mr. Wolf was confronted with images of
Government storages overflowing with food grains. He was asked how was it possible that on
the one hand his office was claiming that the Government stores were running at an all-time
low, while on the other there were images of Government storages overflowing with food
grains. Rubbishing these reports, Mr. Wolf claimed that the images were old and the media
was trying to push its own fake agenda.

17. By 1st September, 2020 all major media outlets in the country were running the story of
two Janakland’s. One where Janakland citizens, most of whom were of the Vejan religion
were dying in famines, while in the Andalian parts of Janakland, Government warehouses
were stocked full. The opposition, led by Mr. Black laid a scathing attack on Mr. Wolf’s
discriminatory policies, calling for an investigation into the matter and seeking the
intervention of the United Nations in the Nanji region.

18.The situation in Nanji region of Janakland had become dire, and on 10th September 2020,
the Office of the Prosecutor, ICC issued the following statement,

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“We have received credible information that the certain officials in the Government of
Janakland have been perpetrating policies aimed towards the Genocide of the Vejan people
in Janakland. Reports of crimes against humanity have also surfaced. Accordingly, after
conducting a preliminary enquiry by the Office of the Prosecutor, the Pre-Trial Chamber – II
has been pleased to authorize investigation into the Situation of Intentional Famine in
Janakland.”

19. On 12th September 2020, the Government of Janakland launched an official enquiry into
the matter. Mr. Wolf gave the following statement,

“These are rubbish allegations being made against the Government of Janakland. It is aimed
at tarnishing our international reputation and destabilizing the country. But in any case, to
satisfy the western interests, we will conduct an enquiry into the matter. Rest assured that the
same will reveal no wrongdoing, and will exonerate the Government, this country, and its
people.

20. As predicted by Mr. Wolf, on 29th September 2020, the quasi-judicial committee setup to
investigate the matter released its report discarding the statements of the Office of the
Prosecutor, ICC. However, in spite of this investigation, on 3rd October, 2020, the Office of
the Prosecutor confirmed that there was a reasonable basis to proceed against Mr. Wolf for
crimes under Article 6(c) and Article 7(k) of the Rome Statute. The case against Mr. Wolf was
that he deliberately and intentionally cut off food supply to the Nanji region and directed the
same towards other regions of Janakland.

21. According to certain WhatsApp chats in the possession of the Office of the Prosecutor
revealed that Mr. Wolf had directed senior government officers to ensure that there were no
food shortages for the Andal people, and to this end he had instructed them to divert the food
supply from the Nanji region, specifically from the Vejan people towards other parts of
Janakland. According to the Office of the Prosecutor, this was adequate to constitute crimes
under Article 6(c) and Article 7(k).

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22. On 5th October 2020, the Pre-Trial Chamber – II issued a summons to Mr. Wolf to appear
before it starting from 10th February, 2022 for the purposes of framing of charges. Responding
to the summons, Mr. Wolf addressed a letter to the Pre-Trial Chamber stating the following,

“I have deep respect for the work which the International Criminal Court does. However, in
the instant case the Court has erroneously invoked its jurisdiction because Janakland has
already conducted an investigation and exonerated the government, including me. In any
case, the conduct alleged by the Prosecutor cannot be considered to be a crime under the
Rome Statute since it was not any active conduct on my part. Instead, I was only reacting to a
calamity in a manner envisaged by the Constitution of Janakland. In any case, I will ensure
that my lawyers are present before the Hon’ble Court to guide it through the relevant
authorities in this regard to help correct the mistake.”

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MEASURES AT ISSUE

IS THE ICC BARRED FROM EXERCISING ITS JURISDICTION OVER THE

SITUATION IN JANAKLAND IN LIGHT OF ARTICLE 17 OF THE ROME
STATUTE?

II

WHETHER MR. WOLF HAD SPECIFIC INTENT AS REQUIRED BY ARTICLE 6

OF THE ROME STATUTE?

III

WHETHER MR. WOLF’S CONDUCT CAN BE CONSIDERED TO BE A “WIDESPREAD

AND SYSTEMATIC” ATTACK AGAINST THE VEJAN POPULATION?

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SUMMARY OF PLEADINGS

I.

The proceedings were or are being undertaken or the national decision was made for the purpose of
shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the
Court referred to in article 5 of the Rome statue. The Quasi-Judicial committee was constituted under
the instruction from the highest seat of the country. Thus the committee to maintain the supremacy of
prime minister exonerated him from the allegations. Allegations if proved to be correct would have
tarnished the image of very popular Prime Minister and a country which has performed well in global
freedom and happiness indices.

II.

Mr. Wolf had specific genocidal intent to commit genocide as per the requirements of the Article 6( c)
of the Rome Statute as well as Article 7 (k). The reasoning behind this is that the Vejan population of
Nanji region was severely affected to such an extent that it got cut down by half till the year of 2020.
The proof of intent can be seen through Mr. Wolf’s actions and the WhatsApp chats that were found
where he clearly orders to divert food supplies from Nanji region to the Andalian parts.

III.

Mr. Wolf’s foray into politics coincided with a turning point in the modern history of Janakland, and it
catapulted him to wide popularity in spite of his lack of experience and vision. The 2019 general
elections saw him translate this popularity into votes as NAP came to power, winning 257 out of the
505 seats in the Janakland Parliament. All news channels flashed Mr. Wolf’s photos, all streets of
Janakland had his posters, and every lip in the country muttered his name in approval. Prime Minster
Wolf became the first Janakland Prime Minister to enjoy such an unbridled mandate of the people.

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LEGAL PLEADINGS

I. IS THE ICC BARRED FROM EXERCISING ITS JURISDICTION OVER THE

SITUATION IN JANAKLAND IN LIGHT OF ARTICLE 17 OF THE ROME
STATUTE?

1) art17 para1 B
The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the
State is unwilling or unable genuinely to carry out the investigation or prosecution.

2) The ICC is not barred from exercising its jurisdiction over the situation in Janakland in the light
of Art 17 of the Rome statue. The exercise of such an authority is justifiable as the committee
constituted by the state may safeguard the interest of person in office and also the committee
may have exonerated the state and Mr. Wolf on biased judgment.

3) ICC being an international body which safeguards the interest of citizens of all countries against
any unjustifiable events vested against the interest of humanity. Mr. Wolf rose to power in 2019
general election and he enjoyed unbridled mandate of his fellow countrymen. He was a devote
Andalian and believed in the constitution of Janakland which promotes various protective
measures to safeguard Andalian gods practices and culture and Andal religion but it also allows
not to discriminate between other religion’s sets.

4) When he was alleged about the situations in Nanji region of Janakland, the government
launched an official enquiry and this exonerated the government as well as Mr. Wolf of the
allegations. The office of prosecutor revealed the possession of WhatsApp chats which showed
Mr. Wolf had directed senior government officers to divert food supply from Nanji region
towards other part of Janakland had the Quasi-judicial committee constituted. On 12th
september 2020 carried out its investigation properly they would have placed a proper report.

5) Article 17 Para 2.[A] In order to determine unwillingness in a particular case, the Court shall
consider, having regard to the principles of due process recognized by international law,
whether one or more of the following exist, as applicable:

6) The proceedings were or are being undertaken or the national decision was made for the purpose
of shielding the person concerned from criminal responsibility for crimes within the jurisdiction
of the Court referred to in article 5 of the Rome statue.

7) The Quasi-Judicial committee was constituted under the instruction from the highest seat of the
country.

8) Thus the committee to maintain the supremacy of prime minister exonerated him from the
allegations. Allegations if proved to be correct would have tarnished the image of very popular
Prime Minister and a country which has performed well in global freedom and happiness
indices.

9) Article 17 Para 2 [C]

The proceedings were not or are not being conducted independently or impartially, and they
were or are being conducted in a manner which, in the circumstances, is inconsistent with an
intent to bring the person concerned to justice.
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10) The constitution of Janakland make no discrimination of people on basis of religion, still Mr.
Wolf ensured that there were no food shortage for Andal people leaving aside religion of
Christian and Vejan people. For this he misused his powers and this was revealed from
WhatsApp chats and this created grounds to prosecute Mr. Wolf.

11) Mr. Wolf maintained that the 2020 year of famine and government had difficulty in procuring
foodgrains and governmental stores are running short of foodgrains but this was proved by
media which showed the people with the images of government storages over flowing with food
grains which was used specially for people of Andal religion. In major media of the country
there were two stories of Janakland one where Vejan religion people were dying in famine and
other where Andalian religion part was not deficit of food supply.

12) On 12th September 2020 government of Janakland launched any official enquiry and Mr. Wolf
had already predicted that enquiry will reveal no wrong doing and will exonerate the
government and its people and as predicted the committee exonerated he and his government.

13) Based on the above facts it is conclusive that the enquiry done was not impartial and was to
protect the person in power and clear the name of the country.

14) Article 17 Para 1[D]

Having regarded to paragraph 10 of the Preamble and article 1, the Court shall determine that a
case is inadmissible where the case is not of sufficient gravity to justify further action by the
Court.

15) The grim situation of Janakland in the year 2020 showed extreme shortage of water leading to
famine , from the newspaper report almost 15000 people were died out of this 12000 were
Vejans which show the gravity of situation against a particular religion.

16) The above facts are of sufficient gravity as it involves the mass death reports of people of
particular religion. Since the above facts contradicts article 17 Para 1 [d] of the Rome statue the
case is proved to be admissible in court.

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II. WHETHER MR. WOLF HAD SPECIFIC INTENT AS REQUIRED BY

ARTICLE 6 OF THE ROME STATUTE?

 It is humbly submitted that Mr. Timbas Wolf has specific genocidal intent as required by
Article 6 ( c) of the Rome Statute. The Intent can be proved by [A] His actions and [B] The
WhatsApp chats that prove that he was aware of the consequences of his actions [C] The
conditional requirements as per Article 6 ( c) and Article 7 (k) were met.
[A] Mr. Wolf’s Actions and statements are proof that he had specific genocidal intent

 During Mr Wolf’s second year in power, it was reported by the Janakland news agencies
that there is a sever famine in the Nanji region but the Government refused to take any action
for the same. In March 2020, when it became difficult to conceal the knowledge Mr Wolf
publicly stated that he would contain the situation but he only took action in June 2020 when the
Andalian regions of Janakland began to be affected. The above events show that despite having
full knowledge of the crisis, Mr. Wolf did nothing until people of his religion began facing the
same problem.

 Furthermore, in August 2020, when the situation was under control in the Andalian
region, it continued to get worse in the Nanji region and as it was found out later on, that was
because the food supply was diverted from the Nanji region to the Andalian parts on the orders
of Mr. Wolf as proved by the WhatsApp chats in possession of the office of prosecutor where
Mr. Wolf clearly ordered to divert the food supply from the Nanji region specifically from the
Vejan population to other parts of Janakland.

 Mr. Wolf’s Actions during the time of the commission of crime are enough proof of
intent similar to Prosecutor v. Jean-Paul Akayesu u (Case No. ICTR-96-4-T), ICTR T. Ch.,
Judgment, 2 September 1998) More specifically the paragraph 523 which states, “On the issue
of determining the offender's specific intent, the Chamber considers that intent is a mental factor
which is difficult, even impossible, to determine. This is the reason why, in the absence of a
confession from the accused, his intent can be inferred from a certain number of presumptions
of fact. The Chamber considers that it is possible to deduce the genocidal intent inherent in a
particular act charged from the general context of the perpetration of other culpable acts
systematically directed against that same group, whether these acts were committed by the same
offender or by others. Other factors, such as the scale of atrocities committed, their general
nature, in a region or a country, or furthermore, the fact of deliberately and systematically
targeting victims on account of their membership of a particular group, while excluding the
members of other groups, can enable the Chamber to infer the genocidal intent of a particular
act.”

 Furthermore, many of his statements made in the relevant time can be used to derive
intention to commit genocide as observed in a previous Judgement of Prosecutor v. Kayishema,
(ICTR T. Ch., 21 May 1999,) more specifically paragraph 93. In this regard, the fact must be
taken into account that a defendant’s statements will require interpretation in light of their
context. Taking the following of Mr. Wolf’s statementS.

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a) On 13th March 2020 he quoted, “In fact, we are doing everything to ensure that the problem does
not spread to other parts of Janakland.” This statement can be interpreted as Mr. Wolf wanted to
keep the famine situation concentrated in the Nanji region of Janakland.

b) On 13th August, 2020 he quoted, “…although famines have been controlled in most regions, the
situation still prevails in some areas of the Nanji region. Although the Government is engaged in
relief operations, the Governmental stores are running at an all-time low, with us having
purchased all that we could. We are trying all other alternatives, but the situation looks grim.”
This was however proven to be a lie as there was ample amount of food in the Government
storages so much so that it resulted in overflowing of the storages. It is reasonable to believe
that Mr. Wolf had knowledge of this but didn’t share it with the public or even if he didn’t,
simply didn’t care enough to act upon it.

c) In the WhatsApp Chats in the possession of the Prosecutor’s office Mr Wolf can be clearly seen
ordering government officers to ensure that there were no food shortages for Andal people
which clearly shows that he had intent to inflict upon the Vejan population of Nanji region
conditions as stated in Article 6 ( c) to bring about their destruction in whole or in part.

[B] The WhatsApp chats that prove that he was aware of the consequences of his actions.

 It is humbly submitted that further proof that Mr. Wolf had intention of genocide can be derived
from the WhatsApp Chats that are in possession of the Office of the prosecutor in which he
stated the following, “Mr. Wolf had directed senior government officers to ensure that there
were no food shortages for the Andal people, and to this end he had instructed them to divert the
food supply from the Nanji region, specifically from the Vejan people towards other parts of
Janakland.”

 The WhatsApp Chats are not only proof that Mr Wolf had intention to inflict conditions
required by Article 6 ( C ) of Rome Statute that states, “Deliberately inflicting on the group
conditions of life calculated to bring about its physical destruction” but also prove that he was
aware of the consequences of his actions.

 As per the previous judgment of Prosecutor v. Jelisić, ICTY A. Ch., 5 July 2001, Para. 42 which
states that the mens rea required for genocide can be derived from the fact that the accused had
known that his acts were destroying, in whole or in part, the group, as such.

[C] The conditional requirements as per Article 6 ( c) and Article 7 (k) were met.

 Article 6 ( c) of the Rome Statute states, “Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or in part;”

 Article 7 (k) of the Rome Statute states, “Other inhumane acts of a similar character
intentionally causing great suffering, or serious injury to body or to mental or physical health.”
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 In light of the previously submitted statements, it was seen that the harsh conditions as
mentioned in the above articles were imposed upon the Vejan people of Nanji region.
Furthermore, it was Mr. Wolf’s actions that resulted in this situation be
inflicted upon them, Mr. Wolf being a rational thinking human, took no effort
to alleviate the situation, hence proving he had intention.

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III. WHETHER MR. WOLF’S CONDUCT CAN BE CONSIDERED TO BE A

“WIDESPREAD AND SYSTEMATIC” ATTACK AGAINST THE VEJAN
POPULATION?

It is humbly submitted that Mr. Wolf committed crime against humanity was a reasonable basis to
proceed against Mr. Wolf for crimes under Article 6(c) and Article 7(k) of the Rome Statute.

Background

1) By June 2020, the situation in Janakland had gone from bad to worse. The media reported
that over 60,000 people had died due to food shortage in the Nanji region, of which 50,000
were Vejans. Reports also suggested that other parts of Janakland, the Andal dominated
regions were also facing acute food shortage and close to 5,000 people had died in these
regions.

2) The Constitution of Janakland declares the “Andal” to be the national religion.

Consequently, the Constitution of Janakland affords various protections and safeguards
towards Andalian gods, practices and cultures. These protections and safeguards were only
to the extent of the preservation of the Andal religion. The Constitution, however, did not
distinguish or discriminate between its citizens on the basis of their religion, and people of
all religions enjoyed freedom of opportunity, occupation and speech. In fact, Janakland had
always performed well in the Global Freedom and Happiness Indices.

3) Janakland became independent in 1973, and it joined the United Nations [“UN”] in 1981.
It acceded to the Rome Statute in 2007.

The Accused

4) Mr. Wolf, a devout Andalian, the son of a common factory worker, educated in the public
schools of Janakland; a man who spoke the language of the populace.

5) Mr. Wolf’s foray into politics coincided with a turning point in the modern history of
Janakland, and it catapulted him to wide popularity in spite of his lack of experience and
vision. The 2019 general elections saw him translate this popularity into votes as NAP
came to power, winning 257 out of the 505 seats in the Janakland Parliament. All news
channels flashed Mr. Wolf’s photos, all streets of Janakland had his posters, and every lip
in the country muttered his name in approval. Prime Minster Wolf became the first
Janakland Prime Minister to enjoy such an unbridled mandate of the people.

General Allegations

6) Unless otherwise specified, all acts and omissions set forth in this indictment took place
between March 2020 and 5th October 2020, the Pre-Trial Chamber – II issued a summons
to Mr. Wolf to appear before it starting from 10th February, 2022 for the purposes of
framing of charges.

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7) In Paragraph 17,20,21,22 Mr. Wolf charging genocide, a crime recognized by Article 6(c)
and Article 7(k) of the Statute of the Tribunal, the alleged acts or omissions were
committed with intent to destroy, in whole or in part, a national, ethnic or racial group.

8) The victims in each paragraph charging genocide were members of a national, ethnic,
racial or religious group.

9) In each paragraph charging crimes against humanity, crimes recognized by Article 3 of the
Tribunal Statute, the alleged acts or omissions were committed as part of a widespread or
systematic attack against a civilian population on national, political, ethnic or racial
grounds.

10) The accused is individually responsible for the crimes alleged in this indictment. Under
Article 7(k) of the Statute of the Tribunal, individual criminal responsibility is attributable
to one who plans, instigates orders, commits or otherwise aids and abets in the planning,
preparation or execution of any of the crimes referred to in Articles 2 to 4 of the Statute of
the Tribunal.

Charges

11) As Prime-Minister, Mr. Wolf was responsible for maintaining law and public order in his
commune. By March at least 15,000 were died in Janakland by malnutrition, while he was
still in power. Mr. Wolf must have known about them. Although he had the authority and
responsibility to do so, Mr. Wolf never attempted to prevent the famine of Tutsis in the
commune in any way or called for assistance from regional or national authorities to quell
the famine.

12) By Jun 2020, 60,000 of civilians died because of food shortages. The majority of these
displaced civilians were Vejans.

A) It is humbly submitted that Mr. Wolf committed crime against humanity was a reasonable basis
to proceed against Mr. Wolf for crimes under Article 6(c) and Article 7(k) of the Rome Statute.

Counts 1-3
(Genocide)
(Crimes against Humanity)

By his acts in relation to the events described in paragraphs 12-23, Mr. Wolf is criminally
responsible for:

COUNT 1: GENOCIDE, punishable by Article 6(k) of the Rome Statute of the Tribunal;

COUNT 2: Complicity in GENOCIDE, punishable by Article 2(3)(e) of the Statute of the

Tribunal; and

COUNT 3: CRIMES AGAINST HUMANITY (extermination), punishable by Article 3(b) of

the Statute of the Tribunal.

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Count 4
(Incitement to Commit Genocide)

By his acts in relation to the events described in paragraphs 14 and 15, Mr. Wolf is criminally
responsible for:

COUNT 4: Direct and Public Incitement to Commit GENOCIDE, punishable by Article 2(3)(c)
of the Statute of the Tribunal.

Counts 5-6
(Crimes Against Humanity)

By his acts in relation as described in paragraphs 15 and 18, Mr. Wolf committed:

COUNT 5: CRIMES AGAINST HUMANITY punishable by (extermination) Article 7(b) of the

Rome Statute; and

COUNT 6: CRIMES AGAINST HUMANITY punishable by (enslavement) Article 7(c) of the

Rome Statute; and

COUNT 7: CRIMES AGAINST HUMANITY punishable by (deportation or forcible transfer of

population) Article 7(d)

COUNT 8: CRIMES AGAINST HUMANITY punishable by (other inhuman acts of a similar

character intentionally causing great suffering, or serious injury to body or to mental health)
Article 7(k) of the Rome Statute.

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REQUEST FOR FINDINGS

Wherefore in light of the measures at issue, a hearing has been set before the Pre-Trial
Chamber – II on the following preliminary issues,

1. Is the ICC barred from exercising its jurisdiction over the situation in Janakland in light of
Article 17 of the Rome Statute?

2. Whether Mr. Wolf had specific intent as required by Article 6 of the Rome Statute?

3. Whether Mr. Wolf’s conduct can be considered to be a “widespread and systematic” attack
against the Vejan Population?

All of which is respectfully affirmed and submitted.

(Claimant)

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