GROUP 1

HUMAN RIGHTS WARRIORS

Abangan, Stephanie V.
Ang, Ammiel
Artigas, Choystel Mae
Cuizon, Razel V.
Decena, Leona
Gasper, Era R.
Lofranco, Aleycx Justin C.
Maturan, Marie Bernadette M.
Samad, Azisa
Torres, Maria Cates
Toledo, Aubrey Angela S.
Valladores, Ara Joy C.

CASE CONCERNING LIBERTARIA

THE PROSECUTOR
VS
JOSEPH RABUKO, ET AL.

MEMORIAL FOR APPLICANT

October 28, 2018

 1A

CASE CONCERNING LIBERTARIA

THE PROSECUTOR
VS
JOSEPH RABUKO, ET AL.

October 28, 2018

 TABLE OF CONTENTS

Description Page No.

Statement of Facts

Background 1

Division among the Administrative Districts 1

Effect of Economic Progress to the Division of Districts 2

Beginning of the Tension of the Prime Minister and the President 3

Tension Worsened with the Involvement of the Libertarian

Liberation Front Terrorist Group 3
Main Cause of War 4
Brutalities, Killings, and Violence by the Pro-Tsombe Arantics
with the LLF Terrorist Group 4
Brutal Suppression of Rebels by the Pro-Rabuko Naasthist Factions 5

Report to the United Nations 7

Issues Presented 8

Summary of Arguments 8

Arguments/Pleadings 9

Prayers for Relief 12

 INDEX OF AUTHORITIES

Description Page No.

Cases
Prosecutor v. Tadic (Trial Judgment) No. IT-94-1-T Para.648 9
Prosecutor vs. Strugar, Paragraph 225: 10

Statutes

Article 7, 1(b) Rome Statute of the International Criminal Court (1998) 9

Article 8(2)(b)(ix) Rome Statute of the International

Criminal Court (1998) 10

Article 8(2)(b)(xviii) Rome Statute of the International

Criminal Court (1998) 11

As amended by resolution RC/Res.5; see Official Records

of the Review Conference of the Rome Statute of the
International Criminal Court, Kampala, 31 May -11 June 2010
(International Criminal Court publication, RC/11), part II 11
STATEMENT OF FACTS
Background
On the continent of Astoria, Libertaria and Karatanga are two neighbouring
independent states, both situated on the coast of the Sea of Thethys. Libertaria lies to the
north of Karatanga. Their common eastern neighbour is Mirambique, separated by a long
chain of Aravali Hills. The area is inhabited by a number of major and minor tribes each of
which has its own dialect. The tribes along the Mazon river that flows through Libertaria and
Karatanga and serves as border between Karatanga and Mirambique, were all Karmiks,
followers of the Karmik religion.

They cremate their dead and keep the ashes in mud pots buried behind the Rha
temples. Arantic traders came sometime in 16th century from the nearby Gondvanian
continent in search of spices and engaged in trade with the Karmik tribes mainly along the
banks of the Mazon and the coasts of Libertaria and Karatanga.

Most of these tribes were converted to the Arantic religion that believes in a formless
god, and permits prayers in the respective tribal languages and burial of the dead in a
separately designated burial ground part of which would also serve as a community prayer hall
in each village.

Division among the Administrative Districts

The Arantic imperial administration quickly divided the territory under its control into
three administrative districts, identical with what are present Libertaria, Karatanga and
Mirambique. The district boundaries were drawn rather arbitrarily, for administrative
convenience, often in total disregard for the principle of integrity of a tribe and as a result
many tribes got divided.

The imperial administration found ready support from many of the Naasthist tribes of
Mirambique due to their traditional rivalries with the tribes of Libertaria and Karatanga. The

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Naasthists had not forgotten the role played by these tribes (particularly those of Libertaria
now converted to Arantic religion), in the downfall of the Swahelian Empire.

After the Second World War, the Astorian continent too was swept by the waves of
nationalism. Finally on 15 August 2001, the Arantic Empire in central Astoria broke into three
independent countries.

Effect of Economic Progress to the Division of Districts

East Rand Central Gold Mining Company is a Eurasian minerals multinational company
headquartered in Eurasia, a prosperous country neighbouring Arantia in Gondvania. It has
been operating since 1901 in many parts of Mirambique and the eastern borders of Libertaria
and Karatanga.

The Naasthist highland tribes have been the natural beneficiaries of the operations of
the company whose Social Democrats predominantly of Karmiks, yet the elections produced
stable governments because the governments practiced secularism and social toleration.

In Karatanga, in spite of the three religious parties, there could be no stable

government, until in 2014 the army stepped in and decided that one-third of members of
Parliament should be nominees of the army and the rest to be elected by open elections, and
that the Prime Minister should also be an army nominee.

Three successive elections produced volatile coalition governments in Mirambique, and

finally the army took over the governance in March 2016, and it appointed a 20-member
Revolutionary Council headed by the Chief of the Army.

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Beginning of the Tension between the Prime Minister and President
In the August 2015 elections in Libertaria, the National Socialists and Democratic
Nationalists jointly mustered a comfortable majority and elected an Arantic leader, Roger
Tshombe as the Prime Minster. He has been a vocal supporter of nationalisation of all mining
activities in the country, as he prescribed it as a panacea for strengthening what is essentially
an agricultural economy. Soon after forming his government, Tshombe sought to nationalise
all mining activity in the country through an ordinance.

President Joseph Rabuko rejected the cabinet’s request for promulgation of the
nationalisation ordinance, contrary to the constitutional provisions. Rabuko, though a
Democratic Nationalist, was an ultra-conservative Naasthist, who was suspected to have had
links with East Rand. The battle-lines were drawn between the supporters of the Prime
Minister and those of the President. Both sides began organising their respective cadres and
tribes for an eventual showdown.

Tension Worsened with the Involvement of the Libertarian Liberation Front Terrorist Group

The situation in Libertaria slowly began deteriorating into a civil war between the pro-
Tshombe Arantics mostly living on the eastern and western banks of the Mazon and the pro-
Rabuko Naasthists. General Noa Tendon, the Prime Minister of Karatanga, himself a hardcore
Naasthist, decided to help President Rabuko’s supporters by slipping through the porous
borders, arms and ammunitions and plenty of Karatangan troops in civilian clothes as
volunteers.

This was well appreciated by General Rambo Chicanooga, the Chairman of the
Mirambique Revolutionary Council, who has actively been promoting the training, arming and
equipping of a Libertarian Naasthist terrorist group (Libertarian Liberation Front: LLF) in
guerrilla warfare through a number of camps dotted all along the border with Libertaria. LLF
has been regularly striking at Arantic strongholds in Liberia.

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 However, LLF operations in Libertaria were outside any control from the Mirambique
government. Both its chief Col. Sano NBonga as well as the Mirambique government ensured
this.

Main Cause of the War

On 24 March 2006, Roger Tshombe's car was ambushed. He died on the spot. It was
widely believed that this was the handiwork of certain pro-Rabuko militants who had just
crossed the border after training in a nearby terrorist camp in Mirambique. This triggered
serious fighting all over Libertaria between the Pro-Tshombe Arantics and Pro-Rabuko
Naasthists. President Rabuko proclaimed a national emergency, appointed his close confidant
and fellow Naasthist, General Patton Kanube, as the chief of the Libertarian armed forces, and
by an official decree of 27 March 2016 authorized him “to take whatever action necessary to
quell the fighting and as far as possible to eliminate the pro-Tshombe militancy.”

Manos Tshombe, the former Libertarian Minister of the Interior and a brother of the
late Prime Minister Roger Tshombe, took over the leadership of the pro-Tshombe rebels.
Determined to teach the President a lesson and send a stern warning of terror to Rabuko
supporters from both inside and outside the country.

Brutalities, Killings, and Violence by the Pro-Tsombe Arantics with the LLF Terrorist Group
Manos Tshombe led a dedicated group of fighters, laid a surprise siege to the
President’s Longo tribe living in a cluster of six villages in Longos in the central Libertaria, with
the help of the surrounding Arantic tribes, and massacred the entire Longo tribe. The Astoria
Sun of 26 June 2006 reported as follows- “Manos Tshombe’s armed men attacked several times
the local population in the six Naasthist villages, often raping and pillaging like maniacs. Those
who resisted were branded Rabuko supporters and faced detention or death. The Tshombe men
accused the villagers of collaborating with the President, they returned again and again to the
villages at night and extract revenge. Sometimes they marched the villagers into the bush to work
as human mules, starving them to death.

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 At the end of two weeks of the siege, only ten of the 9000 villagers were found alive in
these villages, perhaps because they were Arantics. The deathly stink emanated from the badly
mutilated human bodies strewn around. The marauders did not even spare the ancient Naasthist
temples that were UNESCO protected monuments."

Brutal Suppression of Rebels by the Pro-Rabuko Naasthist Factions

This incident in fact further strengthened the resolve of the Libertarian national army
dominated by pro-Rabuko Naasthist factions to suppress the rebels by whatever means
possible. The Naasthist tradition sanctioned the rule of an-eye-for-an-eye, if peaceful
measures failed to secure justice.

The traditional measure of justice demanded payment of 20 cattle heads for each loss
of human life. General Kanube demanded of the Pro-Tshombe tribes’ adequate payment of
compensation to settle the issue within 36 hours. Manos Tshombe ridiculed the proposal. On
30 June, a Rapid Action Force (RAF) from General Kanube’s army led by Lt. General Jacob
Smith and his five trusted partners of International Security Inc., a private security firm in
Eurasia (all of them had contracts with the Libertarian army to train the RAF) mounted an
attack on nine Arantic villages of the Zimbaloon region, the birthplace of the late Roger
Tshombe.

The attack force was also participated by the ‘volunteers’ from Karatanga and the
terrorists trained by Mirambique training camps. All Arantic villages in Zimbaloon were
decimated by carpet bombing by an RAF. This included the Redfort, a 14th century Swahelian
fort made of red stone with exquisit Greco-Arantic art tastefully carved in, and a number of
schools. The entire forests were destroyed forever by the use of Agent Orange. The attack
force staged more than a reverse repeat of the Longos. “Revenge” was the war cry!

Page 5
 Subsequently, however, General Kanube clarified that his forces never meant to
destroy the Redfort, schools and forests, and that it happened because of a technical flaw in
the bomb release mechanism in the bomber. The attack on Zimbaloon triggered a full scale
anti-Arantic witch-hunting throughout the country.

Lt. General Jacob Smith led from the front. He instructed his subordinates: “I do not
want any Arantic prisoners of war. I will be happier if no Arantic stays alive.” This statement
was circulated among the non-Arantic rank and file of the army. It was discovered that Manos
Tshombe along with 220 of his followers was hiding in a cave in his native village in Zimbaloon.
A battallion of RAF led by Col. Ramsey McGibbon, a partner in International Security Inc. killed
them all by using a poison gas.

The Astoria Times of 26 November 2016 published a report released by the Amnesty
International which stated: “Almost five months of fighting has killed half a million in
Libertaria. Many of the dead are Arantic children. The LLF kidnaps Arantic and non-Arantic
children between 9 and 14 years of age and forces them to join its ranks. And so, incredibly,
children are not only the main victims of this war, but also its unwilling perpetrators.

Many Arantic girls had been given to RAF commanders as "wives" and forced to cohabit
with them so that they would bear Naasthist children. The boys said they had been forced to
walk for days like human mules carrying military supplies through inaccessible jungles from
one village to another, always aware that they would be killed if they showed any weakness or
hesitation.

In some cases, Arantic children are forced even to mutilate and murder their family
members. Every night up to 10,000 children walk into the nearest Arantic night shelters,
because they are not safe in their own beds. More than 25,000 children have been kidnapped
by the Libertarian army alone and an average of 20 children has been abducted every week. On
a rough estimate some 125,000 Arantic tribesmen, men and women of all ages including

Page 6
children have lost their lives in the five months of fighting. Some 10,000 Muktidhams were
devastated and desecrated”

These innocent lives were affected and killed during the brutality of the steps taken by
the Pro-Rabuko Naasthist factions to suppress the hostilities caused by the Pro-Tsombe, and
the LLF.

Report to the United Nations

The report raised alarm at the United Nations. However, all the three central Astorian
governments promptly denounced it as being one-sided. They also pointed to the ominous
silence of AI when the Longos massacre took place. On 6 December 2016, the Council finally
adopted, acting under Chapter VII of the Charter, Resolution 1540 declaring that a civil war
existed in Libertaria, that acts of genocide and crimes against humanity have been committed
by all sides of the conflict, and that all parties to the conflict forthwith cease and desist from
any acts of hostilities, acts of genocide and crimes against humanity. The resolution also
requested the International Criminal Court to investigate, try and duly punish the guilty
persons. By the same resolution, the Council authorised a UN Peacekeeping Force for
Libertaria (UNPFL) to restore peace and security.

STATEMENT OF JURISDICTION
The International Criminal Court has jurisdiction to try and decide the case. Article 5
expressly states that the Court has jurisdiction with respect to crimes against humanity and
war crimes. The Court may exercise its jurisdiction with respect to a crime referred to in Article
5 in accordance with the provisions of this Statute if the Prosecutor has initiated an
investigation in respect of such a crime in accordance with Article 15. Those aforementioned
conditions exist in this case.

Page 7
ISSUES PRESENTED

1.) Whether or not General Patton Kanube, Col. Ramsey McGibbon, Lt. General Jacob
Smith, Col. Sano NBonga, and President Joseph Rabuko liable for the crime against humanity
of extermination under Article 7(1)(b) of the ICC Rome Statute.

2.) Whether or not General Patton Kanube, Col. Ramsey McGibbon, Lt. General Jacob
Smith, Col. Sano NBonga, and President Joseph Rabuko liable for intentionally directing
attacks against buildings dedicated to education, art, or historic monuments, provided they
are not military objectives under Article 8(2)(b)(ix).

3. ) Whether or not General Patton Kanube, Col. Ramsey McGibbon, Lt. General Jacob
Smith, Col. Sano NBonga, and President Joseph Rabuko liable for employing poisonous
materials or devices under Article 8(2)(b)(xviii).

SUMMARY OF ARGUMENTS

1.) General Kanube, Col. McGibbon, Lt. General Smith, Col. NBonga, and President
Rabuko are liable for a crime against humanity of extermination.

2.) General Kanube, Col. McGibbon, Lt. General Smith, Col. NBonga, and President
Rabuko are liable for intentionally directing attacks against buildings dedicated to
education, art, or historic monuments, provided they are not military objectives under
the Satute.

3.) General Kanube, Col. McGibbon, Lt. General Smith, Col. NBonga, and President Rabuko
are liable for employing poisonous materials or devices.

Page 8
ARGUMENTS/PLEADINGS

1.) General Kanube, Col. McGibbon, Lt. General Smith, Col. NBonga, and President
Rabuko are liable for a crime against humanity of extermination.

The Statute clearly provides that extermination is included as one of the crimes
against humanity, committed as part of a widespread or systematic attack directed against
any civilian population, with knowledge of the attack.1 Article 25, 3 (a), adds that in accordance
with this Statute, a person shall be criminally responsible and liable for punishment for a crime
within the jurisdiction of the Court if that person: Commits such a crime, whether as an
individual, jointly with another or through another person, regardless of whether that other
person is criminally responsible.2

The individual acts will constitute crimes against humanity when they are committed in
the course of a widespread or systematic attack on a civilian population. The Arantic villagers
being attacked by RAF are obviously the civil population. The attack is widespread since it
involved nine villages and against a multiplicity of victims. The attack is also systematic as it
was organized by a country’s official military, especially in light of what happened to the
Arantics later in the whole country. And the use of carpet bombing is sufficient to fall in
extermination. Consequently, Lt. General Jacob Smith should bear individual criminal
responsibility for crime against humanity of extermination.3

In fact, Lt. General Smith led from the front. He instructed his subordinates: “I do not
want any Arantic prisoners of war. I will be happier if no Arantic stays alive.” This statement
was circulated among the non-Arantic rank and file of the army. This clearly shows the criminal
intent to destroy a part or a whole of a national, ethnic, racial, or religious group.

1 Article 7, 1(b) Rome Statute of the International Criminal Court (1998)

2 Ibid.
3
Prosecutor v. Tadic (Trial Judgment) No. IT-94-1-T Para.648

Page 9
 2.) General Kanube, Col. McGibbon, Lt. General Smith, Col. NBonga, and President
Rabuko are liable for intentionally directing attacks against buildings dedicated to
education, art, or historic monuments, provided they are not military objectives under
the Satute.

The Statute provides that other serious violations of the laws and customs applicable in
international armed conflict are those intentionally directing attacks against buildings
dedicated to religion, education, art, science or charitable purposes, historic monuments,
hospitals and places where the sick and wounded are collected, provided they are not military
objectives. In attacking the protected objects, the following elements are observed: (1)The
conduct took place in the context of and was associated with an international armed conflict;
(2) The perpetrator was aware of factual circumstances that established the existence of an
armed conflict; (3) The perpetrator directed an attack; (4) The object of the attack was one or
more buildings dedicated to religion, education, art, science or charitable purposes, historic
monuments, hospitals or places where the sick and wounded are collected, which were not
military objectives; (5) The perpetrator intended such building or buildings dedicated to
religion, education, art, science or charitable purposes, historic monuments, hospitals or places
where the sick and wounded are collected; and, (6) The perpetrator meant to engage in the
directing of an attack. The evidence showing that the protected building was intended to be
the object of the attack. 4

The Chamber notes that the prohibition of attacks on civilian objects is aimed at
protecting those objects from the danger of being damaged. It further reiterates that a
prohibition against attacking civilian objects is a necessary complement to the protection of
civilian populations. So any, attack against civilian objects, even if it did not cause any damage,
can be considered a serious violation of international humanitarian law. 5

4 Article 8(2)(b)(ix) Rome Statute of the International Criminal Court (1998)

5
Prosecutor vs. Strugar, Paragraph 225:

Page 10
 The fact that all Arantic villages in Zimbaloon were decimated by carpet bombing by an
RAF which included the Redfort, a 14th century Swahelian fort made of red stone with exquisit
Greco-Arantic art tastefully carved in, and a number of schools. The entire forests were
destroyed forever by the use of Agent Orange. This is obviously a serious violation of
international humanitarian law.

3.) General Kanube, Col. McGibbon, Lt. General Smith, Col. NBonga, and President
Rabuko are liable for employing poisonous materials or devices.

As provided by the Statute, employing asphyxiating, poisonous or other gases, and all
analogous liquids, materials or devices is considered one of the serious violations of the laws
and customs applicable in international armed conflict, within the established framework of
international law.6

Based on the foregoing facts “A battallion of RAF led by Col. Ramsey McGibbon, killed
them all by using a poison gas” the fatalities referred to was Manos Tshombe along with 220 of
his followers. Evidently, all the elements were established to constitute and to indict the
perpetrators of war crime of employing poison or poisoned weapons, which are: (1) The
perpetrator employed a substance or a weapon that releases a substance as a result of its
employment; (2) The substance was such that it causes death or serious damage to health in
the ordinary course of events, through its toxic properties; (3) The conduct took place in the
context of and was associated with an international armed conflict; (4) The perpetrator was
aware of factual circumstances that established the existence of an armed conflict. 7

6 Article 8(2)(b)(xviii) Rome Statute of the International Criminal Court (1998)

7 As amended by resolution RC/Res.5; see Official Records of the Review Conference of the Rome Statute of the International

Criminal Court, Kampala, 31 May -11 June 2010 (International Criminal Court publication, RC/11), part II

Page 11
PRAYERS FOR RELIEF

For the foregoing reasons, the Petitioner respectfully request this Honorable Court to
adjudge and declare that:

1. General Patton Kanube, Col. Ramsey McGibbon, Lt. General Jacob Smith, Col. Sano
NBonga, and President Joseph Rabuko are criminally liable of extermination under
Article 7(1)(b) of the ICC Rome Statute with respect to the attacked involving nine
(9) villages and against multiplicity of victims of the Arantic Region.

2. General Patton Kanube, Col. Ramsey McGibbon, Lt. General Jacob Smith, Col. Sano
NBonga, and President Joseph Rabuko are criminally responsible for directing an
attack against buildings dedicated to education, art, or historic monuments,
provided they are not military objectives under Article 8(2)(b)(ix) of the Rome
Statute with respect to the carpet bombing on June 30 by the Rapid Action Force
against the Zimbaloon region that destroyed the Redfort and a number of schools.

3. General Patton Kanube, Col. Ramsey McGibbon, Lt. General Jacob Smith, Col.
Sano NBonga, and President Joseph Rabuko are criminally liable for employing
poisonous materials or devices under Article 8(2)(b)(xviii) of the Rome Statue with
respect to the acts committed by the Rapid Action Force in using a poisonous gas
that killed Manos Tshombe along with 220 of his followers that were hiding in a
cave.

On behalf of the Prosecutor

Maturan, Marie Bernadette M.

Agent for the Applicant

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