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DISPUTE RESOLUTION

INDIA NEPAL SRI LANKA

An International Body of Arbitration

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3 JUSTICE DIPAK MISRA
INTERNATIONAL MOOT COURT COMPETITION,
2022-23
VIRTUAL ROUNDS
th th
12 to 14 May 2023

Organized by: The Advocates League

MOOT PROPOSITION
 MOOT PROPOSITION
PROSECUTOR V. HENRY POORE
1. Marialand is a country situated in South-East Asia. It is a country situated on the
Hills of Mount Marry. The country shares its South boundaries with Gingerland.
The other boundaries of the country are inaccessible due to rough terrain and
immense height of the Mountain. The country got independence from the
colonial rule in the year 1975.
2. The country majorly comprised of citizens belonging to two religions, Poores
and Muggles. The Poores comprise of 75% population of the country whereas
Muggles comprise of 23% population of the country. The remaining 2%
population belongs to 10 different religions.
3. Muggles, despite being in the minority have also been the rulers of the country
before independence of Marialand in the year 1975. After gaining independence
from the colonial rule, the elected President of the Country has always belonged
to the Poores religion. However, all the other important government posts and
jobs have been held by the people belonging to Muggles religion.
4. In the year 2020 Henry Poore, a Poore by religion, won the Presidential elections
and came into power in the month of June. During the election campaigns, he
was constantly a hot topic in international news due to his alleged hate speeches
against the Muggles. He used to often refer the Muggles as 'Rats' in his speeches.
5. Some of his most reported speeches stated, “If I come to power, I will increase the
supply of Rat killers so that they don't spoil our crops”, “We need to stand up
collectively against the rats and fight to get what is rightfully ours” and “To kill a
rat, it is important to plan and place the poison at the right locations”.
6. In August 2020, a committee named “Maria educational Reforms Committee”
(MERC) was setup by the government of Henry Poore. The Responsibility of the
Committee was handed over to Dr. Umella. It was the duty of the committee to
admit 500 students belonging to Poores religion every year and provide them
with proper education and training so that they can be better prepared for all the
government jobs in the country.
7. Another committee named “Know Your Marialand” (KYM) was setup to carry
out a proper census of the country and to issue new identity cards that clearly
mention the religion a citizen belongs to.

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8. On 25th August 2021, Mr. Mike Muggle, a prominent Muggles Leader and
Justice Mr. Cramp Muggle, Judge of Supreme Court of Marialand known for
announcing death sentence to two (2) Poore leaders who were convicted for
murder of five (5) Muggles, were found hanging in the middle of the busiest
square of the Capital. The dead bodies also contained a note stating, “Rats leave
or prepare to die. Deadline 01.11.2021”.
9. Thousands of Muggles started to migrate from Marialand to Gingerland creating
refugee problems in Gingerland. Several attempts were made by Gingerland
President to talk to Henry Poore to control the situation. However, in every
conversation, assurances were given by Henry Poore that they have a close eye
on the situation and are taking every step necessary to control it. Public
announcements were also made by Henry Poore assuring that Muggles are safe
in Marialand.
10. However, on 02.11.2021, a group of 100 armed men marched in the Capital City
of Marialand and killed 300 Muggle Men and Women. They also raped around
50 Muggle women and uploaded their videos on internet. In the video the man
raping the women can be seen wearing mask, a Black T-shirt with a logo stating
“MERC” and a black Jeans. Uniform of the men in all the videos are similar.
11. The violence started to spread to other parts of the country as well. On
10.11.2021 a group of Muggles formed a defence group, mainly comprising of
retired army and currently serving army personnels, named “Army of Mike
Muggle” and the group looted arms and ammunitions kept in the camp of the
Marialand army. An armed conflict began between the two armed groups.
12. On 15.11.2021, an address to the nation was made by Henry Poore requesting
both the groups to surrender their arms and assuring that amnesty shall be
granted to every individual who surrenders his arms to the nearest government
centers.
13. On 16.11.2021 the Parliament of Marialand enacted Amensty Act, 2021 (the
'Act') and the Act was later confirmed by the Supreme Court of Marialand as
Constitutionally Valid.
14. Article 1 of the Act stated, “This Act shall extend to anyone who took part in the
hostilities in Marialand shall be granted amnesty for the period between
November 2, 2021 and the adoption of present law. All ongoing investigations

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 and prosecutions will be terminated, and any criminal sanctions will be revoked,
provided that the conditions set out in article 3 are met.”
15. Article 3 of the Act stated, “In order for an individual to receive an amnesty, the
following conditions shall be met:
(i) Disarmament: The individual shall surrender all his weapons at the closet
government centers.
(ii) Public apology to the victims: The public apology shall be conducted during
the sessions organized by the government.
(iii) Undertaking: The individual shall give an undertaking that he will never take
part in any violent activities.
(iv) Donation: The individual shall make a donation of Rupees 10,000 to the
Relief fund.
(v) Judicial Control: the individual shall then appear before a judge who will
assess whether the pre-conditions set above have been met and in case all the
pre-conditions are met then the amnesty shall be granted.”
16. Following the enactment of the Act, all the violent activities in the country
stopped but that did not stop the migration of Muggles to Gingerland. The
Muggles stated that they still have a danger of being killed as Henry Poore is still
in power.
17. Observing no improvement in the refugee situation, Gingerland made a request
to the Office of the Prosecutor of ICC to conduct investigation into the alleged
Crimes of Humanity & Genocide committed in the State of Marialand. The
Office of the Prosecutor accepted the request to initiate investigation and began
with the investigation.
18. Meanwhile, a Report was published in a magazine published by a Non-
Government Organization named “Justice for Muggles”. The Report stated that
all the 100 armed masked men were the initial batch of students who were
admitted in the MERC training institute. It was alleged that Dr. Umella was
providing weapons training to the students and she planned all the attacks. It was
also alleged that Dr. Umella was working as per the instructions of Henry Poore
and Henry Poore had complete knowledge of all the plans.
19. Certain photographs of the MERC training institute were also published which

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 showed the setup for weapons training in the institute and also showed stocks of
arms and ammunitions.
20. The Report further stated that KYM records were shared with the MERC
training institutes and this is the reason why the masked armed men were able to
easily identify the houses of the Muggles.
21. Certain call records between Dr. Umella and Henry Poore were also made public
on the website of the Organization. On the call recordings, Henry Poore can be
heard taking the Report of the working of the MERC training camp from Dr.
Umella and also providing her with instructions to keep furnishing the Report
every week. Henry Poore can also be heard saying, “I have trusted you with my
master plan. It's your duty to ensure that my dream comes true and I fulfill the
promise that I made during my elections campaigns. Make sure that no Rat spoils
our plan and we eliminate all the rats from the country.”
22. The reports created international outrage and Henry Poore sought amnesty as per
the Act and the same was approved by the Court.
23. On 31.01.2022, the ICC Prosecutor requested the Pre-Trial Chamber II (PTC II)
to issue a summon to appear before the Court for Henry Poore on the basis that
there existed reasonable ground to believe that he was responsible for Crimes
against humanity and Crime of Genocide referring to all the reports published by
the NGO and the recordings and photographs submitted by them. The PTC II
issued its decision on the application submitted by the Prosecutor and summoned
Henry Poore to appear before the Court.
24. The Defense Counsel of Henry Poore filed an application:
(a) Challenging the jurisdiction of the Court as Marialand is not a party to the
Rome Statute.
(b) Requesting the PTC II to declare the case inadmissible, in light of the
Amnesty Act, 2021 enacted by the Parliament and the judgment confirming
Henry Poore's amnesty
(c) Arguing that the case was not serving the interests of Justice as it would
destabilize the peace process; and
(d) Submitting that Henry Poore cannot be criminally responsible within the
meaning of Article 28(b) of the Statute.

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25. The following issues were framed by the Court:
(a) Whether the case against Henry Poore concerning Crime against humanity
and Genocide falls within the jurisdiction of the Court?
(b) Whether the case against Henry Poore concerning Crime against humanity
and Genocide is admissible, particularly whether the amnesty can be invoked
before the Court?
(c) Whether the present case would serve the interest of justice?
(d) Whether there are reasonable grounds to believe that Henry Poore is
criminally responsible for Crimes against humanity and Genocide under
Article 28(b) of the Rome Statute?
26. Marialand is not a party to the Rome Statute but shall be considered as a State
party to all the other International Conventions and Statutes. Whereas
Gingerland is a State Party to the Rome Statute including all the other
International Conventions and Statutes.

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Copyright: The Advocates League