PROSECUTION

PROSECUTOR
VS
MR TONY GUZMAN

BEFORE THE
INTERNATIONAL HUMANITARIAN LAW
AT THE HAGUE

JANUARY 2015

I
STATEMENT OF FACTS
A. BACKGROUND
Seven hundred fifty kilometers east of Beretoliesthe Yukule Archipelago
known for its enormous oil reserves, large bird populations, and massivecoral
reefs attracting thousands of tourists every year.With a small agricultural
production, the Archipelagois dependent on oil and tourism as its
primarysources of revenue.
Until 2008, the Archipelago was underBereton control although it
enjoyed complete autonomy in managing its internal affairs, while the Bereton
central government took charge of its defense and foreign affairs.
Struck by a political crisis emerging from the creation of the Crisis
Military Commission as de facto government of the Republic of Astro, theAstron
Armed Forces under the command of Admiral Tony Guzman invaded the
Yukule Archipelago to divert the populations resentment.
On 10 February 2008, a military administration under the supervision of
CMC was then established in the Archipelago after the Yukule governor
surrendered to the Astron forces. However, there was continued local resistance
to Astros rule.
B.

CONTROL MEASURES

On 01 July 2008, the Military Administration established checkpoints in

key areas of the Yukule Island.
Foreign ships entering a Maritime Control Zone within 24 nautical
miles from the islands coastline had to request prior authorization from the
Military Administration as Astron naval and air forces routinely patrolled the
area to enforce the measure and enjoin local fishermen from fishing six (6)
nautical miles from the offshore.By September 2009, the total catch had been
halved since the implementation of the control measures on fishing in 2008.
Control over importation goods was also tightened as ships bringing
goods to the island had their shipload approved or rejected with no reasons.
Importation of raw materials and manufactured goods was reduced while their
prices soared.
Metal objects such as tin can were also banned for fear that they might
be used for weapons. As a result, local farmers ran short of containers to
preserve their food.
The International Red Cross Committee (ICRC) also noted that hospitals
lacked medical stores and were not able to maintain their equipment and
repairs.
C.

OPERATION BLUE

On 15 April 2010, a coalition under the name of Free Yukule Movement

was formed by 10 non-governmental organizations led by Bereto NGO Sacred
Fighters chairman, Mr Jonas Borman.
The Movement chartered a registered merchant vessel, Nirvana, which
was boarded mostly byBeretoncitizens and loaded with stock of weapons, rifles
and grenadesto deliver humanitarian packages toYukule on 01 July 2010. A
commando of 60 marines was then established by Admiral Nirvana to deal with
the potential threat and the operation was called BLUE.
When Nirvana was 40 nautical miles from Port Solferino on 20 July
2010, its master was informed by radio that the ship had to undergo inspection
before entering the zone. Despite repeated warnings, the vessel proceeded
towards Port Solferino, resulting to an intense exchange of fire. Thirty (30)

Sphinx guards were killed and 60 were injuredwhile 10 Astro marines were
killed and 15 were injured.
Some of Nirvanas passengers were soon released; others held for further
investigation. Denis Baris, Nobel Peace Prize laureate and one of the
passengers, said that the Astron marines were shooting indiscriminately
atinnocent civilians.
As it drew the attention of international communities, Operation Blue
was denounced by the Bereton president as serious violation of international
humanitarian law.
In 2010, Astro conducted an inquiry on the operation wherein
Commander Hanson pleaded self-defense in ordering to open fire and claimed
that most of the passengers were armed and violent. A month after the
issuance of Astron Ministry of Defenses report, Commander Hanson was
cleared of any responsibility.
Bereto, Casa and other countries called the inquiry a sham and urged
the United Nations to conduct an independent investigation.
A year after, a preliminary report concluded that the Astro commando
had used excessive force.
D.

OIL SPILLS AND OIL FIRES

On 17 September 2010, the Bereton Naval Task Force launched an

intensive air campaign against the Astron forces in Yukule.After consulting
with Rear Admiral Freedman, Captain Ardent ordered to open the valves of
three (3) terminal oils on the western side of the island while Astro ships moved
eastward towards the Astron coast.
Large oil storage tanks on a site near Port Solferino burst into huge fires
on 16 October 2010, causing Astron soldiers to retreat to the mainland as the
port and it surrounding areas were awash in smoke and large amount of oil
found its way to the waterways and into the sea. It took 10 days to get the fires
under control and several million liters of oil had already been released into the
sea.

PLEADINGS
I.

ADMIRAL GUSMAN IS GUILTY BEYOND REASONABLE DOUBT

OF VIOLATING ARTICLE 8(2) (B) (XXV) AND ARTICLE 25(3)( A)
OF THE ROME OF STATUTE.

In lieu of Article 8(2) (B) and Article 25(3) (a) of the Rome of Statute,
Gusman is guilty beyond reasonable doubt of committing such
crime due to the foregoing reasons as stated below:

I. VIOLATION OF INTERNATIONAL HUMANITARIAN LAW

At the outset of the administration of Tony Gusman, he was

able to establish control of power and will to the Archipelago of
Yukule. Goods exclusively used would be allowed into Yukuleonly
with the mandate of Gusman and there is a restriction imposed in
the

consumption

of

basic

necessities

which

are

highly

indispensable. Means of transportation, business transactions, and

other relation affairs in the state were under the superintendence of
Gusman.
These

scenarios

presupposed

that

Gusman

directly

violated the IHL as stressed out by its concepts and principles.

Thus, International Humanitarian Law is a set of rules which
seeks, for humanitarian reasons, to limit the effects of armed conflicts.
It protects persons who are not or are no longer participating in the
hostilities and restricts the means and methods of warfare. International

humanitarian law is also known as the law of war or the law of armed
conflict. ( Excerpts)
It cannot be questioned that the Republic of Astro and the
Republic of Bereto are two different States which are in conflict. This
certainty construes within the parameters of international armed
conflicts to intervene in the warfare between and among States as it
was delineated in the ICCJ advisory.
Those in which at least two States are involved in a
conflict

and

does

not

cover

internal

tensions

or

disturbances such as isolated acts of violence. The law

applies only once a conflict has begun, and then equally
to all sides regardless of who started the fighting.

When Tony Gusman, who is a ruler of a military government of

the Republic of Astro,

attacked Yukule which was previously

under the control of the Bereton, it is already impliedly presumed

that the Astro Government has its State Responsibilty over the
subject territory. Tony Gusmans violations are attributed to
States and measures to stop, repress and redress them must
therefore be directed against the State responsible for the
violations.

It is wrongful for Astro to use excessive force where hostilities

against civilian populace on Yukule will cause widespread and
long-termed havoc.
The fact that International Humanitarian Law and the Rome
Statute regulate punishments and conditions towards an interState armed conflicts, especially so when civilians are directly
involved in such conflict. Such oppressive State is incumbent to
face criminal liabilities subject to certain rules and regulations
which fall within the ambit of the law which punishes it.
Thus,underArticle 28 of the Statute of Rome, it provides that:
(a)

A military commander or person effectively acting as a

military commander shall be criminally responsible
for crimes within the jurisdiction of the Court
committed by forces under his or her effective
command and control, or effective authority and
control as the case may be, as a result of his or her
failure to exercise control properly over such

(ii)

That military commander or person failed to take all

necessary and reasonable measures within his or her

power to prevent or repress their commission or to

submit the matter to the competent authorities for
investigation and prosecution.
Thenceforth,

Tony

Gusman,

being

the

military

leader

thereof, is criminally held liable for violations of the Rome

Statute and other related laws not contrary to reliefs prayed for.

II. STARVATION AS A MEANS OF WARFARE IS HIGLY

PROHIBITED
Starvation has been used as a method of warfare. The foremost
goal of sieges and blockades was to inflict suffering on the civilian
population, which was seen as an inevitable by-product, but to bring
about the surrender of the enemy army. [Excerpts]
In the case at bar, Tony Gusman has immediate and direct
control of the flow of goods within the island yet it is of his malignant
act that he intentionally switched of the import and export process of
goods within the island. Though his primary purpose is his fear that
the Astro Government will be struck by political unrest- he decided to
establish government in Yukuleas a kind of diversion and not to cause
population

resentment

towards

the

government

of

Astro.

Unfortunately, due to heightened guerilla tactics and improvised

explosive devices of the Beretons, Astro feared that Yukulewill be put
at stake and that the territory be regained by the Bereton.
This story line concocted by the Astro manifests violation of the
International

Humanitarian

Law.

There

were

blockades

and

embargoes used by the Astro to prevent the free passage of

humanitarian

assistance,

because

of

this,

starvation

was

prolonged and the one who suffered were the civilians.

Likewise, the prohibition of starvation as a method of warfare
does not prohibit the imposition of a naval blockade as long as the
purpose is to achieve a military objective and not to starve a civilian
population. This principle is set forth in the San Remo Manual on
Naval Warfare and in several military manuals which further specify
that if the civilian population is inadequately provided for, the
blockading party must provide for free passage of humanitarian relief
supplies. Emphasis Supplied.

III. VIOLATION OF THE PRINCIPLE OF STOCKHOLM

DECLARATION
Tony Gsman is criminally responsible for ordering the
war crime of intentionally launching an attack in the

knowledge that such attack will cause widespread , long-term

and severe damage to the natural environment which would
be clearly excessive in relation to the concrete and direct
overall military advantage anticipated.

PRINCIPLE 7 OF STOCKHOLM PRINCIPLE

States shall take all possible steps to prevent pollution of the seas
by substances that are liable to create hazards to human health, to
harm living resources and marine life, to damage amenities or to
interfere with other legitimate uses of the sea.

PRINCIPLE 2 OF STOCKHOLM PRINCIPLE

The protection and improvement of the human environment is a
major issue which affects the well-being of peoples and economic
development throughout the world; it is the urgent desire of the
peoples of the whole world and the duty of all Governments.
Not only by these present Tony Gusman should be held responsible
for allowing Rear Admiral Freedman to open the valves of the three

terminal on the western side of the island which caused the spill
over of the oil to the sea level and burst into huge fires. As to the
great amount of damage that has been done, it is the highest sense
of Gusman to take prescriptive measures to protect and enhace the
human environment regardless of the armed conflict present
between Republic of Astro and Republic of Bereton.
In fact, Tony Gusman upon his command and orders to Admiral
Freedman maliciously trapped the Breton soldiers ; Clear, no act of
avoidance from Tony Gusman to repudiate destruction and loss
and it is in contrary to the Principle where it is the obligation of
every States not to casue environmental damage beyond its
borders.
Granting the idea that environmental damage is inevitable in war
time crises, still Tony Gusman cannot invoke such conception for it
is clearly manifested in rules and regulation ofProtocol 1 Additional
to the Geneva Conventions, 1977 where:
Article 55: Protection of the Natural Environment

1. Care shall be taken in warfare to protect the natural environment

against widespread, long-term and severe damage. This
protection includes a prohibition of the use of methods or means
of warfare which are intended or may be expected to cause such
damage to the natural environment and thereby to prejudice the
health or survival of the population.

2. Attacks against the natural environment by way of reprisals are

prohibited.

CONCLUSION/PRAYER
WHEREFORE, premises considered, the Plaintiff respectfully requests
that this Court:
1.

DECLARE Admiral Tony Guzman GUILTY for the following charges:

a.
on the basis of individual criminal responsibility for
committing, in violation Article 8(2)(b)(xxv) of the Statute of International
Criminal Court, the war crime of intentionally using starvation of civilians as a
method of warfare, with respect to the import and fishing control imposed on
Yukule;

b. on the basis criminal responsibility as a military commander,

in violation of Article 8(2) (b) (i) of the Statute of International Criminal Court,
the war crime of intentionally directing attacks against the civilian population,
with respect to the operation Blue on Nirvana from 20th to 21st July 2010;
c. On the basis of criminal responsibility for ordering , soliciting or
inducing the commission of the war crime of intentionally launching an attack
in the knowledge that such attack will cause widespread, long-term and severe
damage to the natural environment which would be clearly excessive in relation
to the concrete and direct overall military advantage anticipated [ Article 8(2)
(b) (iv)] with respect to the oil spills and oil fires from September 2010 onwards.