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AMITY INTERNATIONAL MOOT COURT COMPETITION, 2016

In the International Criminal Court at Hague

IN THE MATTERS OF
PROSECUTOR VS. MUSTAFA ALIAS 4TH FIR-RA
AND
PROSECUTOR VS. RHAEGAR TARGAREYAN

MEMORANDUM ON BEHALF OF THE PROSECUTION

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TABLE OF CONTENTS
INDEX OF AUTHORITIES .......................................................................................................................................... 3
STATEMENT OF JURISDICTION ............................................................................................................................ 6
CHARGES FRAMED ...................................................................................................................................................... 7
QUESTIONS PRESENTED........................................................................................................................................... 8
STATEMENT OF FACTS.............................................................................................................................................. 9
SUMMARY OF PLEADINGS................................................................................................................................... 12
PLEADINGS .................................................................................................................................................................... 13
1. THIS HONOURABLE COURT HAS THE JURISDICTION TO TRY THE CASE OF
ACCUSED NO.1, GENERAL MUSTAFA. .......................................................................................................... 13
1.1.

Black Land is signatory to the Rome Statute....................................................................................... 13

1.2.

The Territory of White Land is a part of the State of Black Land. ............................................... 13

1.2.1.

Criterion of Statehood is not fulfilled. ......................................................................................... 13

1.2.2.

Recognition of White Land as a State. ......................................................................................... 14

2. ACCUSED NO. 1 GENERAL MUSTAFA IS CRIMINALLY LIABLE UNDER ARTICLE 7

OF THE ROME STATUTE FOR CRIMES AGAINST HUMANITY......................................................... 16
2.1.

The evidence against the Accused credibly proves the conduct beyond reasonable doubt.. 16

2.1.1.

Firos faith The World Under His Light Intent of the Crime .......................................... 16

2.1.2.

Presence of Red-Clad Men is further evidence: ....................................................................... 17

2.1.3.

Witness X is a credible conclusive witness: ............................................................................... 17

2.1.4.

Pit of dead Bodies near Astopore: ................................................................................................ 17

2.2.

The elements of the Crimes against Humanity enlisted under the Rome Statute is satisfied.
18

2.2.1.

Knowledge and Intent of the Conduct The foremost element is fulfilled: ..................... 18

2.2.2.

Conduct of the Crime the next element fulfilled: .................................................................. 19

2.2.3.

It is an Attack directed against a civilian population as under Article 7. ........................ 19

2.2.4.

Violation of Article 16 of Protocol II of Geneva Convention: ............................................. 19

3. RHAEGAR TARGAREYAN IS CRIMINALLY LIABLE UNDER ARTICLE 6 OF THE

ROME STATUTE FOR GENOCIDE. ................................................................................................................ 21
3.1.

There is enough credible evidence to prove the accuseds guilt. .................................................. 21

3.1.1.

The Tear gas shells fired was an arbitrary act as the procession was peaceful ............ 21

3.1.2.
Rhaegar Targareyan was responsible for the genocide of more than 100 people of the
FIROS religious community. .............................................................................................................................. 21
3.2.

The elements of Genocide enlisted under the Rome Statute is satisfied. .................................... 25

3.2.1.
The elements of the Crimes against Humanity enlisted under the Rome Statute is
satisfied. 26
4. RHAEGAR TARGAREYAN IS CRIMINALLY LIABLE UNDER ARTICLE 7 OF THE
ROME STATUTE FOR CRIMES AGAINST HUMANITY. ..................................................................... 28

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4.1. Rhaegar Targareyan has breached the fourth Geneva Convention of 1949 and Protocol II,
to which Black Land is a signatory....................................................................................................................... 28
4.2.

There is sufficient evidence to convict Rhaegar Targareyan of Crimes against Humanity . 29

4.3. Rhaegar Targareyan has breached the UN Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment 1984, to which Black Land is a signatory .......... 30
PRAYER ............................................................................................................................................................................ 31

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INDEX OF AUTHORITIES

I.

CASES:

Austro-German Customs Union Case

Tobar Doctrine

Republic of Somalia vs. WoodHouse Drake Carey Suisse S.A

Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui

Prosecutor v. Omar Hassan Ahmad Al Bashir

Prosecutor vs. Ahmad Al-Mahdi

Prosecutor vs. Dominic Ongwen

Prosecutor vs. Thomas Lubanga Dyilo

Prosecutor vs. Furundija

II.

BOOKS REFERRED:
Kanade, Jai and Kanade Vishal, Introduction to Public International Law, Lexis Nexis
Publications

Tandon, M.P., Public International Law, Allahabad Law Agency

Oppenheim L., Oppenheims International Law, Vol.1 (9th Ed. 1996, ed. Robert
Jennings & Arthur Watts)

Ahuja V.K., Public International Law, Lexis Nexis Publications

Stephen, J., 1872, The Indian Evidence Act, with an Introduction on the Principles of
Judicial Evidence, Calcutta: Thacker, Spink & Co.

III.

DICTIONARIES:

Bryan A. Garner, Blacks Law Dictionary, 8th

Chambers English Dictionary Allied Publishers Ltd., 1992.

Corpus JurisSecundum, Vol. 77, 2005, West Thompson Publishing, New York.

New Shorter Oxford English Dictionary, Clarindon Press Oxford, 1993.

Sweet and Maxwell, Whartons Law Lexicon, 14th Edition (2004), West Groups,

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N.York Edition (1997). ULP Co. Pvt. Ltd.

IV.

CONVENTIONS:

The Montevideo Convention on Rights and Duties of States

Geneva Convention relative to the Protection of civilian Persons in time of war of 12

August 1949

Protocol II of the Additional protocols to the Geneva Convention, 12th August 1949

Rome Statute of international Criminal Court

Rome Statute of the International Criminal Court, Elements of Crimes

Chemical Weapons Convention

Convention on the Prohibition of the development, production, stockpiling and use of

chemical weapons and on their destruction

Statute of the International Court of Justice

Universal Declaration of Human Rights

V.

REPORTS AND DOCUMENTS:

Arbitration Commission of the European Conference on Yugoslavia, Opinion no.1

International Committee of Red Cross Report (2005)

Prosecutions Submissions on Admissibility of Hearsay Evidence

Office of the UN Special Adviser on The Prevention of Genocide (OSAPG)

VI.

E-SOURCES:

www.inc-int.org

www.ijmonitor.org

www.iccnow.org

www.un.org

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VII.

WEBLINKS:

https://www.icc-cpi.int/about/witnesses

http://www.un.org/en/universal-declaration-human-rights/

https://www.icc-cpi.int/darfur/albashir/Documents/AlBashirEng.pdf

http://www.icc-cpi.int/pages/record.aspx?uri=1918951

https://www.icc-cpi.int/about/witnesses

https://www.icc-cpi.int/drc/lubanga

https://www.icc-cpi.int/drc/katanga/Documents/KatangaEng.pdf

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STATEMENT OF JURISDICTION

The Honble Courts Pre-trial Chamber has jurisdiction to try the instant matter under Article
61(1) of the Rome Statute of International Criminal Court.
Article 61(1) - Confirmation of the charges before trial
Within a reasonable time after the person's surrender or voluntary appearance before the
Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which the
Prosecutor intends to seek trial. The hearing shall be held in the presence of the Prosecutor
and the person charged, as well as his or her counsel.

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CHARGES FRAMED

1. That a charge has been framed against Accused No. 1, General Mustafa, for the
offence of Crimes against Humanity under Article 7(1)(a) of the Rome Statute;
2. That the first charge has been framed against Accused no. 2, Rhaegar Targareyan for
the offence of Genocide under Article 6(b) of the Rome Statute;
3. That the second charge has been framed Accused No. 2, Rhaegar Targareyan for the
offence of Crimes against Humanity under Article 7(1)(i) and Article 7(1) (g)-6 of
the Rome Statute.

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QUESTIONS PRESENTED

1. WHETHER THIS HONOURABLE COURT HAS THE JURISDICTION TO TRY

GENERAL MUSTAFA, THE 40TH FIR-RA.
2. WHETHER GENERAL MUSTAFA IS CRIMINALLY LIABLE UNDER ARTICLE
7 OF THE ROME STATUTE FOR CRIMES AGAINST HUMANITY.
3. WHETHER RHAEGAR TARGAREYAN IS CRIMINALLY LIABLE UNDER
ARTICLE 6 OF THE ROME STATUTE FOR GENOCIDE.
4. WHETHER RHAEGAR TARGAREYAN IS CRIMINALLY LIABLE UNDER
ARTICLE 7 OF THE ROME STATUTE FOR CRIMES AGAINST HUMANITY.

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STATEMENT OF FACTS

STATE OF BLACK LAND:

Black Land, one of the most prominent states of Middle East, is a petroleum-based
economy. It was admitted as a member of United Nations in 1970. One fourth of Its
Area is covered by desert, which is bisected by the river Life-Sea. Black land is a
state with the existence of two religious communities the Old Gods Faith and the
Firos Faith.
THE FIROS FAITH:
It is relatively a new religion in the State. It is headed by a group of Red Priests, who
are presided over by FIR-RA, who is worshipped as a living God among the
followers of the faith. The community is in disdain of temple goers and idol
worshippers. The current FIR-RA published a document called World under his
Light, which was banned by the State due to its provocative language.
The Economic status of the Firos Community was dismal and the rate of
unemployment also rose. This contributed to the rise in Sectarian Violence.
MINIMAL STATE INTERVENTION POLICY:
The State followed this policy in public affairs, i.e. the States role was limited to
administration and tax collection. The Targareyans maintained a neutral attitude so
far. Rhaegar Targareyan, Chief of Staff of the Armed Forces and Head, Homeland
Security also stated the Governments role in establishment of various educational
programs and job opportunities. He also mentioned the unwillingness of the people to
utilize these opportunities and refrain from full-time religious education, which
invited the irk of the Firos Community. It led to widespread protests and violent
revolts against the Government, demanding Public apology and resignation of
Rhaegar Targareyan.

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PROTESTS:
A survey by the The Times of Black Land on the condition of the Firos community
revealed the poor education rate, discrimination and rejection of job opportunities for
them in the State. This report created further furor in the country. To oppose the
policies of the country, the Community under the leadership of the FIR-RA took out
a procession. Tear gas shells were fired by the Paramilitary to bring the people under
control and restore law and order. There were two bombs exploded in the procession
that released asphyxiating fumes, which resulted in the deaths of more than 100
people.
CHARGES AGAINST RHAEGAR TARGAREYAN:
An FIR was filed regarding the kidnapping of eight persons including three men, four
women and a boy between 13 and 14 years of age. They had been reported missing
since February 10, 2014. On February 17, two of the allegedly kidnapped persons
came back with scars and bruises and the brutally assaulted bodies of the three girls
were recovered from the outskirts of the Capital City. In an interview of the survivors
conducted by a senior Journalist, Lorres Tyrell, they indicated the involvement of the
Targareyan regime in the abduction.
UNREST OF THE FIROS COMMUNITY:
Post this incident, the community started organizing itself into groups. They
demanded a nation free of Targareyans and declaration of Firos as the national
religion of the country. The Nationwide membership of the Firos religion increased
to 49% within three months. The City of White Land had soon become an all Firos
city-state, becoming a haven for all kinds of Firos community. As per a report by the
Sons of Harpy, FIR RA became the de facto administrator of the city. People
flooded into White Land in lieu of an annual tax paid to the FIR-RA. However no
documentary proof could be produced. Children were holding banners stating
Article 21.
THE TEMPLE OF ASTOPORE:
A temple in Astopore belonging to the Old Gods Faith caught fire and the
Governmnet stepped in for rescue efforts. No dead bodies Recovered and the officers

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saw some red clad men who were heavily armed. The temple edifice was completely
burnt.
CHARGES AGAINST GENERAL MUSTAFA:
The Incident of Astopore led to investigation by the Police and they came to the
conclusion that the fire was caused with the intent to instill terror among the people.
They apprehended a man trying to cross the international border illegally with an aim
to reach Blue Land. He was interrogated and indicated the involvement of FIR-RA in
the incident. The police had also found highly sophisticated arms and ammunitions in
the possession of that witness, which had distinct marks of a fire ring and the logo of
Mustafa Pvt. Ltd. It was a common belief amongst that the ownership and control of
the said company lies with the FIR-RA, who is named Mustafa.
Three days later, a local newspaper flashed reports about a pit of decomposed bodies
of men and women about five miles from Astopore, which were mutilated and had
burn marks. Forensics suggested the same time of all deaths.
TERRITORY OF WHITE LAND:
The King of Black Land promulgated an ordinance declaring White Land an
Unstable Territory and defence forces took positions around White Land. The US
representative to the UN released a statement wherein White Land was denied
recognition by the States of the UN Security Council and other member States of the
UN.
In furtherance of the above issues, the matter has been brought before this Honble
Court.

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SUMMARY OF PLEADINGS

1. THIS HONOURABLE COURT HAS THE JURISDICTION TO TRY THE CASE

OF ACCUSED NO.1, GENERAL MUSTAFA.
The challenge to the jurisdiction of this Honourable Court will not hold, for the following
reasons; a) Black Land is signatory to the Rome Statute; b) The Territory of White land is
a part of the State of Black Land.
2. ACCUSED NO. 1 GENERAL MUSTAFA IS CRIMINALLY LIABLE UNDER
ARTICLE 7 OF THE ROME STATUTE FOR CRIMES AGAINST HUMANITY.
General Mustafa alias 40th FIR-RA is liable under Article 7 of the Rome Statute. This
argument is two-fold, a) The evidence against the accused credibly proves the conduct
beyond reasonable doubt; b) The elements of the Crime enlisted under the Rome Statute
is satisfied.
3. RHAEGAR TARGAREYAN IS CRIMINALLY LIABLE UNDER ARTICLE 6 OF
THE ROME STATUTE FOR GENOCIDE.
Rhaegar Targareyan is criminally liable for Genocide under the above mentioned
provision. This Argument is two-fold: a) There is enough credible evidence to prove the
accuseds guilt; b) The elements of the crime mentioned in the above provision are
fulfilled.
4. RHAEGAR TARGAREYAN IS CRIMINALLY LIABLE UNDER ARTICLE 7 OF
THE ROME STATUTE FOR CRIMES AGAINST HUMANITY.
Rhaegar Targareyan is criminally liable for Crimes against Humanity under the above
mentioned provision. This Argument is two-fold: a) Rhaegar Targareyan has breached the
fourth Geneva Convention of 1949 and Protocol II, to which Black Land is a signatory; b)
The elements of the crime mentioned in the above provision are fulfilled.

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PLEADINGS
1. THIS HONOURABLE COURT HAS THE JURISDICTION TO TRY THE CASE
OF ACCUSED NO.1, GENERAL MUSTAFA.
The challenge to the jurisdiction of this Honourable Court will not hold, for the following
reasons; a) Black Land is signatory to the Rome Statute; b) The Territory of White land is
a part of the State of Black Land.
1.1. Black Land is signatory to the Rome Statute.
The State of Black Land became a member of the United Nations on 1970. 1 In 1999,
It became a signatory to the Rome Statute. 2 The Statute has various jurisdictions
under which the ICC can admit the matters. Article 11 and 12 of the Rome Statute
establish the jurisdiction of this Honourable Court to the parties of the Convention.3
1.2. The Territory of White Land is a part of the State of Black Land.
The State is commonly defined as a community which consists of a territory and a
population subject to organized political authority and such a state is characterized
by sovereignty.4 Contrary to the claims of the Territory of White Land, it is not to be
construed as a separate state. It is a part of the State of Black Land.
1.2.1. Criterion of Statehood is not fulfilled.
The State as a person of International Law should possess the following
qualifications:

A permanent population

A defined Territory

Government

Capacity to enter into relations with the other States5

Page 1, Moot Proposition

Id. Page 2
3
Article 11 Jurisdiction ratione temporis; Article 12 Preconditions to the Exercise of Jurisdiction
4
Arbitration Commission of the European Conference on Yugoslavia, Opinion no.1, 92 ILR , P. 162, 165
5
Article 1 of the Montevideo Convention on the Rights and Duties of States. Though the Convention was a PanAmerican Union Convention, Article 16 of the same provides that, The present Convention shall be open for
the adherence and accession of the States which are not signatories. Hence, the Convention is applicable even
to those countries, which are not its signatories.
2

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While the territory of White Land, like any other city of a State, may claim the
first two of the constituents, it does not have the capacity to enter into relations
with the other States. Also, there is no documentary proof of the
Governments collection of taxes has no documentary proof whatsoever. The
Government is said to be in effective control of the State when the majority of
the population of such a State obeys the commands of such Government with
a reasonable expectancy of permanence. 6 So, the concept of effective
Control of the Government of the territory is disputed.
Capacity to enter into relations is a distinguishing element of Statehood by
many jurists.7 A State is independent, if it is supreme in its own right and it is
not subject to the superior authority of other State or States.8
White Land had during a press conference expressed willingness to be a part
of the International Community.9 However, when White Land is not sovereign
and independent, it cannot do so. As held in the Austro-German Customs
Union Case, it has been held, As long as these restrictions do not place the
State under the legal Authority of another State, the former remains, as
independent State however extensive and burdensome those obligations may
be.10
1.2.2. Recognition of White Land as a State.
The Statement of the US Representative to the UN and the refusal to recognize
the Sovereignty of the State of White Land by the State of Black land is a
clear reflection of the Tobar Doctrine. If the Government has come into ower
by extra-constitutional means, such Government ought not to be recognized.11
The report of the Sons of Harpy and Homeland Security and the letter sent by
General Mustafa for declaration of White Land as a free state is indicative of
the extra-constitutional means of appointment of Government.12

Kanade, Jai and Kanade Vishal, Introduction to Public International Law, Lexis Nexis Publications, P. 102
Id.
8
Supra 6
9
Page 11, Moot Proposition
10
PCIJ Ser. A/B, no.41 (1931)
11
Supra 6
12
Page 6 and 8, Moot Proposition
7

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In Republic of Somalia vs. WoodHouse Drake Carey Suisse S.A.13, The court
held that the factors to be taken into account in deciding whether a
government exists as a government of a state are:

Whether it is the constitutional government of the State;

The degree,nature and stability of administrative control, if any, that it

of itself exercises over the territory of the State

In marginal cases, the extent of international recognition that it has as

the Government of the State.

Hence, in the light of the above arguments, the challenge to the Jurisdiction to this
Honourable Court in the trial of accused No.1 is refutable.

13

(1993) Q.B.54

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2. ACCUSED NO. 1 GENERAL MUSTAFA IS CRIMINALLY LIABLE UNDER

ARTICLE 7 OF THE ROME STATUTE FOR CRIMES AGAINST HUMANITY.
General Mustafa alias 40th FIR-RA is liable under Article 7 of the Rome Statute. This
argument is two-fold, a) The evidence against the accused credibly proves the conduct
beyond reasonable doubt; b) The elements of the Crime enlisted under the Rome Statute
is satisfied.
2.1. The evidence against the Accused credibly proves the conduct beyond reasonable
doubt.
Article 66 (3) presumes the innocence of the Accused and states that In order to
convict the accused, the Court must be convinced of the guilt of the accused beyond
reasonable doubt. 14 Hence, it is important to understand and analyse the evidence
against the Accused to prove the crime allegedly committed by him beyond
reasonable doubt.
2.1.1. Firos faith The World Under His Light Intent of the Crime
General Mustafa alias the 40th FIR-RA propagated ideals of extremism in the
document called World Under His light aimed at being a Guide for the
better understanding of religion and its ultimate goal. 15 This document,
particularly Article 16 and Article 21, as mentioned in it, was provocative and
extremist, which led to the ban of the document.
Yet, the continuation in the propagation of provocation of such intolerant
ideals are evident from the fact that the pamphlets were found by the local
police with Article 21 written in bold lying around where the Sunday
Conclaves of the Firos were held. It was also found in the report of the Sons
of Harpy that children were holding banners stating Article 21 and pictures of
what seemed to be arms training with lethal weapons. 16
It is pertinent to be noted that Sons of Harpy should be considered as
Overview witnesses. Overview witnesses help establish facts about the context
in which a conflict occurred.17 Sons of Harpy being a group of Journalists18
14

Article 66, Rome Statute of International Criminal Court

Supra 2
16
Page 7, Moot Proposition
17 https://www.icc-cpi.int/about/witnesses October 8, 5.50pm
15

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fall under the Category of Overview witnesses and are therefore admissible.
2.1.2. Presence of Red-Clad Men is further evidence:
The proposal of an All-Firos City-state was accepted and soon thereafter, a
temple belonging to the Old Gods faith caught fire. The presence of red-clad
men at the borders of Astopore and veiled men near the temple when the
edifice was burnt also establishes a presumption of the Accuseds
involvement. 19
2.1.3. Witness X is a credible conclusive witness:
A man, who was caught by the local police trying to cross the border illegally,
confessed to delivering a package to the mentioned temple. He also confessed
that this was the will of GOD through the FIR-RA and that his child was held
captive by them, further establishes the direct involvement of General Mustafa
in the Crime.20
Witness Protection protocols are a legitimate practice and procedure under the
Rome Statute in the ICC. The Court has a number of protective measures that
can be granted to witnesses who appear before the Court and other persons at
risk on account of testimony given by a witness. The Court's protection system
is founded on best practices which are aimed at concealing a witness'
interaction with the Court from their community and from the general
public.21 Hence, the accuseds claim of his right to a fair trial being infringed
is baseless as revealing the identity of the witness is the Courts prerogative.
2.1.4. Pit of dead Bodies near Astopore:
To establish beyond reasonable doubt that the crimes against humanity of
murder has in reality been committed by General Mustafa, the incident where
a pit filled with decomposed bodies of men and women was found needs to be
analysed. The pit had been unearthed barely five 5 miles from the outskirts of
Astopore and the bodies were badly mutilated and showed burn marks while
the putrefaction suggested same time of all the deaths. Therefore it is clear that
18

Page 5, Moot Proposition

Supra 16
20
Supra 12 Page 8
21
https://www.icc-cpi.int/about/witnesses October 8, 6pm
19

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the first condition of killing of one or more person has been established.

22

2.2. The elements of the Crimes against Humanity enlisted under the Rome Statute is
satisfied.
Each human being inherently possesses certain natural rights, which is bestowed
upon him since his birth. No State or organisation has the power to deprive an
individual of these rights.23
Crime against humanity means any of the following acts when committed as part of
a widespread or systematic attack directed against any civilian population, with
knowledge of the attack.24
The three elements to constitute the offence under Article 7(1)(a) are the conduct of
murder, the conduct committed as part of a widespread or systematic attack directed
against a civilian population and the knowledge of the perpetrator regarding the
same.25
2.2.1. Knowledge and Intent of the Conduct The foremost element is fulfilled:
The introduction to Article 7 of the Rome Statute clarifies the requisite
participation in and knowledge of a widespread or systematic attack against a
civilian population. However, the last element should not be interpreted as
requiring proof that the perpetrator had knowledge of all characteristics of the
attack or the precise details of the plan or policy of the State or organization.
In the case of an emerging widespread or systematic attack against a civilian
population, the intent clause of the last element indicates that this mental
element is satisfied if the perpetrator intended to further such an attack. 26

22

Id. 18
http://www.un.org/en/universal-declaration-human-rights/, 6th October 11:30 pm
24
Article 7, The Rome Statute of the International Criminal Court. The Rome Statute is a treaty that reinforces
these rights across the world with an aim to protect these humane rights from being violated in any manner. This
treaty is based on conscious consensus of states which are mindful and recognise the need for the protection and
prevention of any infringement of these human rights. States are determined and empowered to act individually
and collectively in the preservation of these rights. In pursuance of the same, the Rome Statute has enumerated
what constitutes as a crime against Humanity.
25
Article 7(1)(a), Rome Statute of the International Criminal Court, Elements of Crimes, (United Nations Doc.
PCNICC/2000/1/Add.2 (2000)
26
Supra 22
23

P a g e | 20

2.2.2. Conduct of the Crime the next element fulfilled:

In the light of the above arguments and the evidence given, it is adduced that
General Mustafa has not only incited the entire Firos community against the
State and Targareyan regime but has actively propagated acts of violence
against the State. These include the rioting and stone pelting at the mass
procession on February 10, 2014, burning of the temple of the Old Gods
faith, and the intent to cause disturbance. As provided under Article 25 of the
Rome Statute27, General Mustafa would be liable for the Conduct.
2.2.3. It is an Attack directed against a civilian population as under Article 7.
Further, Attack directed against a civilian population in this context is
understood to mean a course of conduct involving the multiple commission of
acts against any civilian population, pursuant to or in furtherance of a State or
organizational policy to commit such attack.28
2.2.4. Violation of Article 16 of Protocol II of Geneva Convention:
Article 16 provides for Protection of cultural objects and of places of
worship, which says that in the event of an internal armed conflict, the places
of worship should be safeguarded and that no act of hostility must be
committed against them.

29

However, the Acts of General Mustafa on the

Temple of Astopore, which is a part of Black Land 30 , would constitute a

violation of the said Protocol.
From the above context, it is clear that first, the death of a group of men and
women was caused by General Mustafa, second, this attack was systematically
planned and executed by the red clad men against the civilian population of
Black land, particularly constituted against the believers of the Old Gods
Faith and thirdly, General Mustafa alias the 40th FIR-RA actively promoted

27

Article 25 (3)(a) - Individual criminal responsibility - In accordance with this Statute, a person shall be
criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person Commits such a crime, whether as an individual, jointly with another or through another person, regardless of
whether that other person is criminally responsible
28
Article 7 (1) (3) (Introduction to Crimes against Humanity) The acts need not constitute a military attack. It is
understood that policy to commit such attack requires that the State or organization actively promote or
encourage such an attack against a civilian population.
29
Article 16 of the Protocol II of the Additional protocols to the Geneva Convention, 12 th August 1949
30
White Land is not a separate state and is to be considered a part of Black Land. The state of Black land is
signatory to the Protocol II of the Additional Protocols of the Geneva Convention.

P a g e | 21

and encouraged such attacks by way of propagation of Article 21 fulfils the

third requirement under Article 7(1) (a) of the Rome Statute.
Hence, after the arguments presented and evidence adduced, it can be inferred that General
Mustafa is criminally liable under Article 7 of the Rome Statute for Crimes against
Humanity.

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3. RHAEGAR TARGAREYAN IS CRIMINALLY LIABLE UNDER ARTICLE 6 OF

THE ROME STATUTE FOR GENOCIDE.
Rhaegar Targareyan is criminally liable for Genocide under the above mentioned
provision. This Argument is two-fold: a) There is enough credible evidence to prove the
accuseds guilt; b) The elements of the crime mentioned in the above provision are
fulfilled.
3.1. There is enough credible evidence to prove the accuseds guilt.
3.1.1. The Tear gas shells fired was an arbitrary act as the procession was peaceful
The FIR-RA and their supporters demanded ousting of the Targareyans for
their inaction, inadequate control over the affairs of the country and the
subsequent dismal state of the Firos community. The College of Red Priests
organized a mass procession on February 10, 2014 in the Capital City where
all the participants were seen dressed in red, with black wristbands. They took
out a procession holding candles. Nearly ten thousand people belonging to the
Firos Community and their supporters joined the procession. It was a peaceful
procession and nobody was injured.31
However, the paramilitary forces not only used tear gas shells despite there
being insufficient reason to use a chemical rioting agent32 against a crowd that
had no weapons except air guns which were not even fired. The air guns were
merely raised as a response to the intervention of the Paramilitary forces.33
3.1.2. Rhaegar Targareyan was responsible for the genocide of more than 100
people of the FIROS religious community.
Two bombs were exploded by the paramilitary forces inside the procession
releasing asphyxiating fumes and gases. 34
immediately scattered the procession.

It caused a stampede and

The soldiers did not allow rescue

efforts, which in itself suggests that they had been ordered by their Military
Chief of staff Rhaegar to not allow or block any of the victims from escaping
the poisonous gas bomb fumes. This is indicative of an intent to systematically
eliminate a part of the religious community thereby amounting to genocide.
31

Page 4, Moot Proposition

As per the Chemical Weapons Convention(hereinafter referred to as the CWC)
33
Supra 28
34
Id.
32

P a g e | 23

3.1.2.1.

Rhaegar Targareyan has violated the the Protocol for the Prohibition of

the Use in War of Asphyxiating, Poisonous or other Gases, and of

Bacteriological Methods of Warfare, usually called the Geneva Protocol,
prohibiting the use of chemical and biological weapons in armed conflicts.
In recent times, this protocol has been interpreted to cover internal
conflicts as well international ones.
In 1995, an appellate chamber in the International Criminal Tribunal for
the former Yugoslavia stated that "there had undisputedly emerged a
general consensus in the international community on the principle that the
use of chemical weapons is also prohibited in internal armed conflicts." 35
In 2005, the International Committee of the Red Cross concluded that
customary international law includes a ban on the use of chemical weapons
in internal as well as international conflicts.36
Hence it is applicable to this internal armed conflict wherein the armed
forces, used toxic chemicals the use of which are banned, during the
procession on innocent civilians.
"Toxic Chemical" is defined in the Chemical Weapons Convention under
Article II clause 2 as:
Any chemical which through its chemical action on life processes can
cause death, temporary incapacitation or permanent harm to humans or
animals. This includes all such chemicals, regardless of their origin or of
their method of production, and regardless of whether they are produced in
facilities, in munitions or elsewhere.

37

Later that night, 200 men and women were admitted to city hospitals with
complaints of severe respiratory distress. The doctor found that the
symptoms indicating usage of toxic chemicals, of these patients show
influx of fumes, which had severely damaged their respiratory tract. The
attendants pointed out the complaints were similar to those exposed to the
35

ICT-Y (1995)
International Committee of Red Cross Report (2005)
37
Article II, Clause 2, CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION,
STOCKPILING AND USE OF CHEMICAL WEAPONS AND ON THEIR DESTRUCTION
36

P a g e | 24

poisonous gas. 38 All these symptoms of severe respiratory tract damage,

fumes that caused fatalities and asphyxiation are indicative of using toxic
chemicals which are in contravention of the Chemical Weapons
Convention (CWC) and the Geneva Protocol.
They had been admitted to various hospitals across the city seeking relief
against exposure to certain gases. More than 100 did not respond to the
treatment and died.
The observations and diagnosis made by the doctors at the city hospitals
must be taken into account as they are expert witnesses.39 Several types of
witnesses can testify before the Court. Expert witnesses can include, for
example, ballistic or forensic experts. Overview witnesses help establish
facts about the context in which a conflict occurred, and can include, for
example, professors or experienced NGO representatives.40
3.1.2.2.

Hearsay evidence is admissible in this Honourable Court.

Indirect evidence is admissible in the International Criminal Court. In the

case of the Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui 41 ,
theProsecutions Submissions on Admissibility of Hearsay Evidence stated:
In accordance with Article 69(4)42, the Court may rule on admissibi
lity of any evidence taking into account, inter alia, its probative value and a
ny prejudice that such evidence may cause to a fair trial or to a fair evaluati
on of the testimony of a witness.
The admissibility of hearsay evidence is governed by the same criteria as a
dmissibility of all evidence before the Court. This Court has consistently
ruled that hearsay evidence, regardless of its degree, is admissible before th
is Court. Likewise, other international tribunals have found such eviden
ce to be admissible. The fact that hearsay isonce or twice removed m
ay bear on its probative value but is not abar to its admissibility. Furtherm
ore, there is no basis in
38

the

founding

Page 4, Moot Proposition

Witnesses, (https://www.icc-cpi.int/about/witnesses)
40
Id.
41
Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui( ICC 01/04 01/07 )
42
Article 69(4), Rome Statute
39

texts

of

the

P a g e | 25

Court or its jurisprudence to excludehearsay evidence relating to the acts an

d conduct of the accused. 43 The Prosecution reiterates the principle of free
assessment of evidence under Article 69 and Rule 63(2)

of

the

Rome

Statute.
Article 69(2), in addition to the main principle of orality of evidence,
envisages the admission of evidence other than by the testimony of a
witness at trial. Article 69(3) also provides that parties may submit
relevant evidence.
Since neither the Statute nor any Rule bars or limits the admission of he
arsay evidence inthe situation presented here, the Chamber has the di
scretionary power to admit, in itssearch for the truth, the evidence pur
suant to the general admissibility principlesfound in Article 69(2), (3)
and (4) and Rule 63(2).
Therefore by virtue of hearsay evidence being admissible in International
jurisprudence and before the International Criminal Court, the following
evidences clearly showing Targareyans intent and involvement in the bomb
explosion leading to genocide of innocents must be taken into accord:
Two days after the event, the local radio channel Radio Nine aired a prerecorded tape, which said, The procession was silent and peaceful. There
were no signs of unnecessary revolt and aggression from the FIROS
community. The forces were able to take care of the situation, but our
commander did not want us to waste any time. 44
An independent survey conducted by a Group of Journalists known as the
Sons of Harpy, working for peace and harmony and aided by various
international organizations revealed that the bombs were highly
sophisticated. The explosives used were of the type, which were available
to the military forces of Black Land. They had been invented during the
time of Great War to secure territories from transgression by Targareyan
Army.

Para 2, Page 3, Prosecutions Submissions on Admissibility of Hearsay Evidence ,

THE PROSECUTOR v. GERMAIN KATANGA AND MATHIEU NGUDJOLO CHUI
44
Page4-5, Moot proposition
43

P a g e | 26

This clearly shows that the paramilitary forces, headed by Rhaegar

Targareyan, were capable of obtaining such explosives.
3.2. The elements of Genocide enlisted under the Rome Statute is satisfied.
Article 6(a) of the Rome Statute defines genocide as any of the following acts
committed with intent to destroy, in whole or in part, a national, ethnical, racial or
religious group, as such, Killing members of the group. The elements of Genocide
are also defined in Article 2 of the Convention on the prevention and Punishment of
the Crime of Genocide (1948).45
As seen in the above facts and arguments, Rhaegar Targareyan under elements of
crime for Article 6(a)(4) displayed a conduct in the context of a manifest pattern of
similar conduct directed against the Firos community along with conduct that could
itself effect such destruction.
In his interview given to a prominent News Channel, the defendant criticized the
religion of the FIROS community and clearly displayed a hatred towards them which
is sufficient for a motive of genocide when analysed in relation with the systematic
bomb explosion carried out by the Paramilitary forces under his orders.
Targareyan committed Genocide of more than 100 innocent civilians, as can be seen
in the above arguments in a patterned attack through chemical weapons, wherein, the
forces prevented rescue efforts as well. Thus this clearly fulfills the elements of
genocide.
In the Prosecutor v. Omar Hassan Ahmad Al Bashir, the accused was charged with a
non exhaustive list of grounds relating to Article 6 and 7 of the Rome Statute, the
core component campaign was the unlawful attack on part of the civilian population
of Darfur largely belonging to Fur Masalit Zaghawa groups who were perceived to
the organized arm groups opposing the government of Sudan in Darfur. The
Perpetrator committed crimes against humanity, war crimes, crime of genocide and
in particular carried out numerous unlawful attacks on the civilized population.

45

Office of the UN Special Adviser on The Prevention of Genocide (OSAPG)(www.un.org)

P a g e | 27

3.2.1. The elements of the Crimes against Humanity enlisted under the Rome
Statute is satisfied.
Each human being inherently possesses certain natural rights, which is bestowed
upon him since his birth. No State or organization has the power to deprive an
individual of these rights.46
Crime against humanity means any of the following acts when committed as
part of a widespread or systematic attack directed against any civilian
population, with knowledge of the attack.47
The elements to constitute the offence under Article 7(1)(i)(a), element
(6)48,(7)49 and (8)5051
The introduction to Article 7 of the Rome Statute clarifies the requisite
participation in and knowledge of a widespread or systematic attack against a
civilian population. However, the last element should not be interpreted as
requiring proof that the perpetrator had knowledge of all characteristics of the
attack or the precise details of the plan or policy of the State or organization. In
the case of an emerging widespread or systematic attack against a civilian
population, the intent clause of the last element indicates that this mental
element is satisfied if the perpetrator intended to further such an attack. 52
In the light of the above arguments and the evidence given, it is adduced that
Rhaegar Targareyan has not only harbored hatred against the entire Firos
community but has used his position of power in the State and enforced the
disappearance of almost 200 members of the Firos community. These include
the abduction and torture of the adult male victim, the sexual assault of the boy
46

http://www.un.org/en/universal-declaration-human-rights/, 6th October 11:30 pm

Article 7, The Rome Statute of the International Criminal Court. The Rome Statute is a treaty that reinforces
these rights across the world with an aim to protect these humane rights from being violated in any manner. This
treaty is based on conscious consensus of states which are mindful and recognise the need for the protection and
prevention of any infringement of these human rights. States are determined and empowered to act individually
and collectively in the preservation of these rights. In pursuance of the same, the Rome Statute has enumerated
what constitutes as a crime against Humanity.
48
Article 7 (1) (i) Crime against humanity of enforced disappearance of persons
Elements 1. The perpetrator: (a) Arrested, detained25, 26 or abducted one or more persons; or
49
6. The perpetrator intended to remove such person or persons from the protection of the law for a prolonged
period of time.
50
The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or
systematic attack directed against a civilian population.
51
Article 7 (1) (i) Crime against humanity of enforced disappearance of persons
Elements 1. The perpetrator: (a) Arrested, detained, or abducted one or more persons; or
52
ibid
47

P a g e | 28

and abducted women alongwith the intent to cause remove such person or
persons from the protection of the law for a prolonged period of time.
Further, the discovery of three bodies of women who were murdered is
indicative of the elements of crime under Article 7(1) (g-6) being fulfilledIn a leading case, before this Honourable Court , under Article 7 (1)(g-6), Anto
Furundija. the Tribunals judges also confirmed that rape may be used as a tool
of genocide. Rape may also amount to () an act of genocide, if the requisite
elements are met, and may be prosecuted accordingly. A landmark precedent
was set in 1998 when ICTYs sister tribunal the ICTR rendered a judgement in
Akayesu case in which it was concluded that rape constitutes genocide.53
From the above context, it is clear that first, the death of a group of men and
women was caused by General Mustafa, second, this attack was systematically
planned and executed by the red clad men against the civilian population of
Black land, particularly constituted against the believers of the Old Gods Faith
and thirdly, General Mustafa alias the 40th FIR-RA actively promoted and
encouraged such attacks by way of propagation of Article 21 fulfils the third
requirement under Article 7(1) (a) of the Rome Statute.
Similar Cases where Leaders have been convicted of various crimes against
humanity before this Honourable Court are Prosecutor vs. Germaine Katanga54,
Prosecutor vs. Ahmad Al-Mahdi 55 , Prosecutor vs. Dominic Ongwen 56 and
Prosecutor vs. Thomas Lubanga Dyilo57 and Prosecutor vs. Furundija.58
Hence, after the arguments presented and evidence adduced, it can be inferred that Rhaegar
Targareyan is criminally liable under Article 7(1)(i) and 7(g-6) of the Rome Statute for
Crimes against Humanity.

Prosecutor vs. Anto Furundija; Case No. IT-95-17/1-A

ICC-01/04-01/07
55
ICC-01/12-01/15
56
ICC-02/04-01/15
57
ICC-PIDS-CIS-DRC-01-014/16_Eng
58
Supra 53
53
54

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4. RHAEGAR TARGAREYAN IS CRIMINALLY LIABLE UNDER ARTICLE 7 OF

THE ROME STATUTE FOR CRIMES AGAINST HUMANITY.
Rhaegar Targareyan is criminally liable for Crimes against Humanity under the above
mentioned provision. This Argument is two-fold: a) Rhaegar Targareyan has breached the
fourth Geneva Convention of 1949 59 and Protocol II 60 , to which Black Land is a
signatory; b) The elements of the crime mentioned in the above provision are fulfilled.
4.1. Rhaegar Targareyan has breached the fourth Geneva Convention of 1949 61 and
Protocol II62, to which Black Land is a signatory.
Recalling that the humanitarian principles enshrined in Article 3 common to the
Geneva Conventions of 12 August 1949 constitute the foundation of respect for the
human person in cases of armed conflict not of an international character, Rhaegar
Targareyan has not only committed atrocities and torture on civilians, who are
protected persons under Articles 2 and 3 of the Geneva Convention but also
committed murder.
According to the facts, a First Information Report was filed on February 14, 2014
regarding the kidnapping/ abduction of eight persons. These numbers included three
men, four women, and a boy between 13 and 14 years of age. They had been reported
to be missing since February 10, 2014, i.e. the day of the procession when Rhaegar
Targareyans paramilitary forces had used chemical weapons to disburse a peaceful
procession by members of the FIROS community.63
Article 31 64 of the Geneva Convention that explicitly prohibits physical coercion,
states- No physical or moral coercion shall be exercised against protected persons,
in particular to obtain information from them or from third parties.65
However Rhaegar Targareyan ordered his men to abduct, detain and torture more
than hundred men and women from the Firos community to extract information
about the FIR-RA.
59

GENEVA CONVENTION relative to the Protection of civilian Persons in time of war of 12 August 1949
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims
of Non-International Armed Conflicts (Protocol II) Adopted on 8 June 1977 by the Diplomatic Conference on
the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts
61
Supra 59
62
Supra 60
63
Page 5, Moot Proposition
64
Page 155,Article 31, Geneva Convention (relative to the Protection of civilian persons in time of war) 1949
65
Id.
60

P a g e | 30

One of the men abducted, who spoke about his ordeal publicly to a newspaper, was
repeatedly asked Where are the weapons? What is FIR-RA planning to do, next?66
His interrogation continued for two days. He was not allowed to sleep. They did not
believe him when he said he did not know anything, and starting beating him up. He
was made to see two men sexually assaulting a young boy.
They gave him a series of injections against his will and both the man and the boy
were given bare minimum food just to keep them alive.67
It can be seen that Targareyan has also blatantly used his power as Chief of staff of
the Armed Forces and head of Homeland security and violated Article 3268 of the
Convention which expressly states- The High Contracting Parties specifically agree
that each of them is prohibited from taking any measure of such a character as to
cause the physical suffering or extermination of protected persons in their hands.
This prohibition applies not only to murder, torture, corporal punishment, mutilation
and medical or scientific experiments not necessitated by the medical treatment of a
protected person, but also to any other measures of brutality whether applied by
civilian or military agents.
4.2. There is sufficient evidence to convict Rhaegar Targareyan of Crimes against
Humanity
These two victims become Crimes-based witnesses before the International
Criminal Court as they are those who have suffered harm and testify as witnesses
about what happened to them. The man categorically stated he heard the men, taking
names such as Boss, Targareyan etc. thereby clearly indicating Rhaegar
Targareyans involvement in the abduction.69
The man and the boy had scars and bruises all over their body which showed clear
signs of torture and inhumane treatment.
The man also stated that he witnessed girls shrieking for mercy and almost 200 other
members of his community, being subjected to detention and torture.

66

Supra 64
Id.
68
Page 155,Article 32, Geneva Convention (relative to the Protection of civilian persons in time of war) 1949
69
Witnesses, (https://www.icc-cpi.int/about/witnesses)
67

P a g e | 31

Additionally bodies of three girls were recovered from the outskirts of the Capital
City a week later after the abduction took place. They had been brutally assaulted.70
The discovery of these bodies in relation with the FIR that had been filed of eight
persons missing including four women and the testimonies of the key witnesses are
suggestive of Rhaegar Targareyans involvement in assaulting and murdering them in
course of the abduction.
4.3. Rhaegar Targareyan has breached the UN Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment 1984, to which Black Land
is a signatory
Article 5 of the Universal Declaration of Human Rights and Article 7 of the
International Covenant on Civil and Political Rights, both of which provide that no
one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment, form the basis of the UN Convention against Torture and other cruel,
inhuman or degrading treatment or punishment, 1984.
The Convention also derives its principles from the Declaration on the Protection of
All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, adopted by the General Assembly on 9 December 1975.
Black Land as a signatory, is bound to support, enforce and uphold this Convention.
However Rhaegar Targareyan, the Military chief of Black Land has blatantly violated
these principles by abducting, detaining, interrogating and committing various acts of
torture on innocent civilians belonging to the Firos community.

Hence, in light of all the arguments made above, Rhaegar Targareyan should be held
criminally liable under Article 7 of the Rome Statute for Crimes against humanity.

70

Supra 63

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PRAYER
In the light of Issues raised, arguments advanced and authorities cited, the Prosecution
humbly submits that this Honble Chamber may be pleased to:
1. Declare that Substantial evidence has been brought against both the
accused.
2. Allow the Trial and approve the evidence against Accused No.1
General Mustafa.
3. Allow the Trial and approve the evidence against Accused No.2
Rhaegar Targareyan.
4. Grant reparation to the victims affected by the incidents leading to
these cases.
And
Any other order as it deems fit in the interest of equity, justice and good
conscience.
For This Act of Kindness, the Prosecution Shall Duty Bound Forever Pray.

Sd/(Agent for the Prosecution)

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