Prosecution, 2nd Speaker

Your excellencies
May it please the court.
My name is Arnie Andaya, respectfully appearing as the second counsel for the
Prosecution. As the first charge have been thoroughly discussed by my esteemed colleague Ms.
Apple Kim Alforque, I shall continue with the second charge for the next 15 minutes.
President Azizi Garba’s criminal liability is based on two main grounds; First, on the
attack of personnel involved in a humanitarian assistance and peacekeeping mission,
and second is on the basis of chain of command responsibility.
To proceed with the remaining elements under the second charge,
THE LIABILITY FOR THE CRIME UNDER ARTICLE 8(2)(b)(iii)
1. The object of the attack was personnel involved in a humanitarian assistance
and peacekeeping mission in accordance with the UN Charter.
While the UN Charter does not define peacekeeping, it was described as a
dynamic instrument to help create the conditions for lasting peace to countries
torn by conflict. The five UN personnel were humanitarian assistance personnel
mandated to investigate water contamination in Nadawada River and Lake
which, provide drinking water for Momaayans.

2. On the second element, The UN personnel did not lose civilian protection.
They were not participants of the hostilities. They were not participating in the armed
conflict but was just there on mandate to help the civilians affected by the said armed
conflict. Though they cannot be described as ordinary civilians, they were still in
a civilian population and they cannot be denied of their civilian character. So,
even if the UN police lost civilian protection, the other UNEP workers did not.
3. On the third element, Lt. Col. Diallo intended such personnel to be the object of
the attack and was aware of the factual circumstances that established that
protection.
When Lt. Col. Diallo shoot the UN personnel, he was aware of their identity
since they were wearing their blue berets with UN emblem. He did not take time
to distinguish the difference between the armed UN police and the UNEP
workers. The Rule 15 of IHL provides that in the conduct of military operations,
constant care must be taken to spare the civilian population, civilians and civilian
objects.

Proceeding to the second ground in relation to the first, your excellencies,

GARBA IS CRIMINALLY RESPONSIBLE UNDER ARTICLE 28(a) and (b)

Garba had control over Lt. Col. Diallo and his troops in the chain of command
responsibility as a military commander but failed to do so. The ICRC Customary
International Humanitarian Law Study states in Rule 153 that “commanders and other
superiors are criminally responsible for the war crimes committed by their subordinates
if they knew, or had reasons to know, that the subordinates were about to commit or
were committing such crimes and did not take all necessary and reasonable measures in
their power to prevent the commission, or if such crimes had been committed, to punish
the persons responsible.” This is applicable in both international and non-international
armed conflicts. Garba should have known Diallo would commit the crime when
sending him out after his bloody misconducts in the massacre of 170 villagers in April
2021, without precautions, but neglected it. So, Garba is responsible for the same crime
that Diallo committed under his command.
Your Excellencies, here ends the presentation of the charges on the part of the prosecution.
Together with the rest of humanity, the prosecution prays that this Honorable Court
confirm the charges against President Azizi Garba based on the sufficient evidence that has
been presented for the war crimes.
Thank you and may it please the court.