Moot Court Society

School of Law, CHRIST (Deemed to be University)

Clarifications – Internal International Scheduled Moot Ranking Rounds 2023 - 24

1. The moot proposition shows conflicting information regarding the party that has preferred an
appeal before the Tribunal of Kalos. The representations to be made are on behalf of office
of prosecution and office of defence and there is ambiguity about which side is the appellant
and respondent.

The Appeals chamber has asked for a special submission, the prosecution and the
defence are supposed to make submissions on the questions presented, there is no
appellant or respondent in the classical sense. The Prosecution will present their case
first, followed by the defence and then the appropriate procedure shall follow.

2. What are the specific Geneva Conventions under which Lt. Gabriel Tael has been charged?

Lt. Gabriel Tael was convicted of Grave Breaches of the Geneva Conventions.

3. What are the charges against Major Julian Endemo?

Grave Breaches of the Geneva Conventions & War Crimes.

4. Paragraph 3 of the proposition reveals that there was no internet penetration in the country
of Kalos. However, the proposition is placed in the late 20th century when there was no access
to the Internet. Requesting clarification on this aspect.

The word internet is being used broadly to describe high speed information sharing
networks and more rudimentary global information sharing networks that were used
during the period in question. The point being underscored is that Kalos was cutoff
from the rest of the world.
5. What are the roles of FMP & Aksoi 13?

The Aksoi-13 was a special police force that was tasked with killing and torturing
dissidents. The FMP was charged with maintaining the desert camps and the
detainment camps for civilians who disobeyed the Espada.

6. To what extent is Espada equivalent to the state?

While Espada was the ruling government of the state of Kalos it was equivalent to the
state, however at present it can no longer be treated as a State, members of Espada
are being tried as individuals as is practice under international criminal trials.

7. What was the nature of “demonstrations” by opposition parties?

The demonstrations were peaceful in nature.

8. Does the problem assume the applicability of ICESR, UDHR and allied PILS?

Yes.

9. Please clarify on what "culpability should not be re-litigated" under Instructions, means to be
in the context of proposition

It means that the teams cannot raise claims of their client not being guilty, someone
else committing the crime, lack of evidence and so on. The only legal questions that
are to be litigated are the questions raised in the proposition and related questions.

10. Where was Lt. Tael posted from 1983- 1986?

Lt. Tael was posted in another detention camp elsewhere.

11. Please provide more information regarding the composition of the UN Transitional Govt in
para 8.

It is akin to UN Transitional Governments set up in various other countries.

12. Whether the military forces in the proposition refer to the peacekeeping force of the UN? If
not, please clarify about the composition of Military forces.

Clarification sought is irrelevant in the context of this moot proposition.

13. Is the Office of Defence considered separate from the State?

The Office of the Prosecutor and the Office of the Defence are independent bodies,
they do not represent States as is conventional with international criminal tribunals.

14. What constitutes "all acts" mentioned in Page 7, line 1 of paragraph 1 committed in the desert
and detention camps for which Lt. Tael is held responsible?

All acts refers to the actions committed by the FMP in the detention camps.

15. Please clarify whether the office of prosecution is the Human Rights organisations or is it the
UN transitional government or is it a separate UN body?

The Office of the Prosecutor and the Office of the Defence are independent bodies,
they do not represent States as is conventional with international criminal tribunals.

16. Where does the state of Kalos stand in this whole dispute? Does it have a representation of
its own?

The proceedings before the ICTK are between the Office of the Prosecutor
(representing the International Community and the interests of the victims of the
Espada regime) and the Office of the Defence (representing the alleged perpetrators
of the offences committed by the Espada regime).
17. Does the Office of defence plead guilty to crimes against humanity from 1983 to 1990 in
paragraph 9(b) of the case of Lt. Gabriel Tael? Is there a clerical error on the same with the
years mentioned as 1986 to 1990 instead of 1983-90?

The longer timeframe is mentioned because it encompasses the whole rule jurisdiction
of the Tribunal.