01Prosecution

IN THE INTERNATIONAL CRIMINAL COURT

THE HAGUE, NETHERLANDS

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PROSECUTOR

v.

COLONEL XANDER RIVIA

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September 2019
 TABLE OF CONTENTS

INDEX OF AUTHORITIES ................................................................................................... 4

TABLE OF ABBREVIATIONS ............................................................................................. 4
SUMMARY OF THE FACTS ................................................................................................ 4
SUMMARY OF THE ARGUMENTS ................................................................................... 5
A. Character of the Armed Conflict................................................................................ 5
B. First Count ................................................................................................................. 5
C. Second Count ............................................................................................................. 5
D. Third Count ................................................................................................................ 5
PLEADINGS ............................................................................................................................ 5
I. CHARACTER OF THE ARMED CONFLICT ........................................................ 5
A. The Conflict Between the TAF And The RLF is an International Armed Conflict .... 5
1. The Rennish People in Temeria are Fighting in the Exercise of Their Right to
Self-Determination ......................................................................................................... 5
2. In the alternative, this is an international armed conflict because Lyria has
overall control over the RLF .......................................................................................... 5
a. Lyria has a role in organizing, coordinating, or planning the military actions of
the RLF. ................................................................................................................... 65
b. Lyria is responsible for financing, training and equipping or providing
operational support to the RLF. ................................................................................. 6
3. At the time the crimes were committed, Colonel Rivia and his men were aware
of the factual circumstances that established the IAC. .................................................. 7
II. MERITS .................................................................................................................... 8
B. Col. Rivia Is Individually Responsible for the War Crime Of Excessive Incidental
Death, Injury, or Damage (Count 1) ................................................................................. 8
1. The war crime of excessive incidental death, injury, or damage was committed in
the Siege of Velen .......................................................................................................... 8
a. The TAF encircled Velen and cut off vital and essential supplies to the City of
Velen. ......................................................................................................................... 8
b. The siege of Velen caused or resulted in clearly excessive incidental death,
injury and damage to the City of Velen ..................................................................... 8
c. Colonel Rivia knew that the attack would result in the clearly excessive
incidental death, injury and damage to the city of Velen. ......................................... 9
2. Col. Rivia commanded the Siege of Velen with knowledge and intent of the
consequences.............................................................................................................. 109
C. Col. Rivia, on the Basis Of Command Responsibility for the War Crime of
Intentionally Directing an Attack Against Personnel, Installations, Material, Units, or
Vehicles Involved In A Humanitarian Assistance or Peacekeeping Mission (Count 2) .. 10
 1. The firing upon the convoy of the ICRC constitutes the war crime of attack of
personnel or objects involved in a humanitarian assistance or peacekeeping mission
under Article 8(2)(b)(iii) of the Rome Statute ............................................................. 10
a. Lt. Metz, of Unit 52, directed the attack on the unidentified vehicles which
turned out to be the ICRC convoy ........................................................................... 10
b. The object of the attack was the missing ICRC convoy .................................. 10
c. Lt. Metz upon his mistake of not being able to properly identify the vehicles
intended such vehicles and personnel inside so involved to be the object of the
attack ........................................................................................................................ 11
d. Such personnel and vehicles were entitled to that protection given to civilians
or civilian objects under the international law of armed conflict ............................ 11
e. Lt. Metz was aware of the factual circumstances that established that
protection ................................................................................................................. 12
2. Col. Rivia is responsible on the basis of Command Responsibility because, as
area commander, he has effective control of TAF inside and around the Velen area . 12
f. Unit 52, Southern Quarter temporary checkpoint, is under the effective control
of Col. Rivia ............................................................................................................. 12
g. Col. Rivia knew that wrongly identifying the vehicles as RLF instead of the
ICRC convoy and attacking the same would lead to committing the crime........ 1312
h. Col. Rivia failed to take all necessary and reasonable measures to prevent or
repress the commission of the crime or submit guilty subordinates to proper
authorities................................................................................................................. 13
D. COL. RIVIA, THROUGH HIS DIRECTIVE 66, DECLARED THAT NO QUARTER
WILL BE GIVEN TO THE MEMBERS OF THE RENNISH LIBERATION FRONT IN
THE CITY OF VELEN ..................................................................................................... 14
1. Directive 66 constitutes a declaration that no quarter will be given to members of
the Rennish Liberation Front ....................................................................................... 14
a. Col. Rivia through his directive 66, declared that there shall be no survivors 14
b. Directive 66 was given in order to threaten members of the RLF and to
conduct hostilities on the basis that they should be prepared to fight to the bitter end
1514
c. The perpetrator was in a position of effective command or control over the
subordinate forces to which the declaration or order was directed.......................... 15
2. Col. Rivia is individually responsible for issuing directive 66 and declaring that
no quarter shall be given to the members of the Rennish Liberation Front ................. 15
PRAYERS FOR RELIEF ..................................................................................................... 16
 INDEX OF AUTHORITIES

TABLE OF ABBREVIATIONS

SUMMARY OF THE FACTS

Rennish people have historically been subject to persecution in the region (par 2)

Since independence, Rennish Temerians have faced discrimination, preventing their

employment in the Temerian public service and restricting their access to public education and
health care. They are unable to take out bank loans without a Temeria guarantor and are often
accused of association with criminal organizations by the mainstream press.

Oppressive and discriminatory administration of Pres. Letha (pars 8-10). Registration

centers. Cost of visas.

Government of Temeria painting a bad picture of Lyria being connected with the
Rennish Liberation Front.

When RLF was in control of Velen, not that much violence yet. Since the initial
clashes in and around the city, the city itself had remained relatively free from violence and a
large civilian population remained, composed of both Rennish and non-Rennish Temerians
(par 17).

The TAF conducted operations inside the city knowing fully well that there were still
civilians inside/despite civilian casualties. On October 2013, TAF successfully cut off supplies
to the city. Sealed one of the two remaining exits, further secluding and cutting off those inside
the city with the rest of the territory.

During the evacuation only 30,000 out of 150,000 civilians were evacuated. Leaving
120,000 civilians still inside. Enforced blanket no-entry or exit policy even if there were still
civilians inside. Recklessly initiated a shoot on sight policy despite civilians still being inside.

Causing people to starve and there was an outbreak of cholera.

Only acted when the international community pressured them to delivery humanitarian
assistance to Velen.

Carelessly ordered a fire at will when TAF units see Red Geralt despite knowing the
humanitarian mission was about to happen. Wrongfully fired upon the ICRC convoy. For lack
of a better solution, Col. Rivia merely withdrew and relocated Unit 52 outside the former
liberated zone.

It was only on March 1 2014, that humanitarian assistance was able to reach the helpless
civilians inside Velen when Pres. Letha finally agreed to a ceasefire agreement with Red
Geralt/RLF.
 SUMMARY OF THE ARGUMENTS

A. Character of the Armed Conflict

B. First Count
C. Second Count
D. Third Count

PLEADINGS

I. CHARACTER OF THE ARMED CONFLICT

A. The Conflict Between the TAF and The RLF is an International Armed
Conflict

1. The Rennish People in Temeria are Fighting in the Exercise of Their Right to
Self-Determination1

Even prior to the independence of the peoples of Greater Temeria, Rennish

people have already been historically subject to persecution2 that led to the creation
of the Rennish Liberation Front which is a movement with proponents across the
former Greater Temeria, who were highly active in the struggle for independence
prior to and even after 1981.3

Rennish Temerians have faced discrimination since independence,

preventing their employment in the Temerian public service and restricting their
access to public education and health care. They are unable to take out bank loans
without a Temeri guarantor and are often accused of association with criminal
organisations by the mainstream press.4 After the truck incident on 2 November
20075 and the proclamation of Letha as the President of Temeria6, Rennish peoples,
through the RLF, have been expressing their desire for independence by using
hobby drones to drop “Freedom Fighters” manuals7 for armed hostilities against
the TAF.8

2. In the alternative, this is an international armed conflict because Lyria has

effective overall control over the RLF9 Commented [PEAE1]: Define effective control (brief
explanation) Nicaragua v us

1
AP I, Art. 1
2 Facts, 2
3 Id, 4
4 Id, 6
5 Id, 7
6 Id, 8
7 Id, 9
8 Id, 10-14
9
Tadic, judgment
 a. Lyria has a role in organizing, coordinating, or planning the military actions
of the RLF.

The first manifestation of Lyrian control over the military actions of the RLF
was during the dropping of “Freedom Fighters” manuals using hobby drones
within the Rennish community in Velen. In this particular event, a Lyrian
intelligence agent was caught hiding inside a truck filled with said manuals as
well as other weaponry. It can thus be maintained that said manuals were
disseminated by Lyria to incite Rennish people and to strengthen their liberation
forces against the Temerian army, as shown by the fact that these were dropped
over the registry stations where many Rennish people and Temerian officers
linger in an effort to comply with the registration policy of the Lethan
government.10

Ever since this occurrence, the conflict between the TAF and the RLF
violently erupted11 following after the fact that subsequent to Lyria’s declaration
that the wall construction was considered by it as an act of aggression of
Temeria, the RLF forces began attacking the barricade.12 Lyria had sufficient
motive to retaliate against Temeria in response to its wall construction, by
coordinating and planning the military strategy of the RLF in attacking the TAF
and the Temerian Police Force.

In the wake of the brewing coordination between Lyria and the RLF, the
latter eventually developed a system of seniority which means that through
Lyria’s help and support, the RLF became an organized armed force.13

b. Lyria is responsible for financing, training and equipping or providing

operational support to the RLF.

Lyria has been equipping the RLF with weaponry as shown by the fact that
the rifles and weapons seized by the TAF during its clashes with the RLF were
of the same model as those issued in the Lyrian Defense Force and the serial
numbers of these weapons had also been deliberately erased.14 Add to this, the
shell casings recovered from the aftermath of the artillery fire in halting the
construction of the wall on 27 April 2012 also discloses that the LDF and RLF
have the same weapons systems.15

Red Geralt who is a member of the Lyrian Parliament, together with the
members of the Rennish Freedom Party, a minority party in the Lyrian
Parliament, also financed the operations of RLF and gave donations to field

10 Id, 9
11 Id, 10-12
12 Id, 11
13 Id, 12
14 Id, 14
15 Id, 13
 hospitals in the “liberated zone”16 which is considered as the heart of the RLF
operations.17

There are indications that Lyrian funds from its Central Bank had been used
to fund RLF operations. One of these is the operational support given by Lyria
to the RLF in allowing the Skellig mountains, a part of Lyrian territory, as the
headquarters from which the RLF supplies its operations in the City of Velen.
Training camps were also established in said mountains where RLF members
get to prepare for their encounters with the TAF.18 Another is the fact that the
RLF, after the siege of Velen, made attempts to enter the city by dressing up as
humanitarian personnel and bringing with them medical equipment. All of these
financial support could not have been achieved by the RLF if it were not for the
use of Lyrian funds RLF members receive from members of the Rennish
Freedom Party.

3. At the time the crimes were committed, Colonel Rivia and his men were aware
of the factual circumstances that established the IAC. Commented [PEAE2]: Cite Elements of Crimes, common
elements to the 3 counts (4 and 5)
Col. Rivia is the area commander of the TAF in the Liberated Zone.[1] Ever
since the construction of the wall, fight broke out between the TAF and the RLF.
One of the indicators that it was Lyria against whom the TAF was fighting against
is the fact that Lyria considered the barricade as an act of aggression[2] which goes
to show that Lyria has motive to wage conflict against the TAF and it merely uses
the RLF as an instrument in the furtherance of its intent.

It was also discovered, in the course of these fights, that the TAF knew it
was actually fighting against Lyria because not only was it reported by Reuters and
Temerian Times that the RLF and that the Lyrian Defense force have the same
weapons systems as shown by the shell casings they used, but the TAF likewise
saw from the weapons they were able to confiscate after every battle that they are
exactly the same as those used by the LDF. The fact that the TAF saw the serial
numbers on the rifles were erased shows that the TAF were aware that Lyria
deliberately tries to conceal the fact that it is indeed them against whom the TAF
battles with.19 This is further supported by the fact that the TAF learned of the
reports saying that the forces their fighting against train and operate its headquarters
in Lyria .[4]

Lastly, Red Geralt publicly announced on Youtube that he is the new leader
of the RLF before finally resigning as a parliament member.20 Prior to this
revelation, it was already made known to the public that Geralt was already the
leader of the RLF while he is still a member of the Lyrian Parliament. Members of
the Rennish Freedom Party in Lyria, of which Geralt is a member, were also

16 Id
17 Id, 17
18 Id, 14
19 Id, 14
20 Id, 15
 involved in the recuperation of RLF members in the liberated zone.21 A Temerian
cabinet member was even the one responsible for the leakage of this information
which makes it inevitable for the TAF to not have any knowledge that it is truly
Lyria who they are up against.

Unmistakably, these discoveries indicate that through the course of the

warfare which broke out involving the TAF and the RLF, the TAF knew that it was
actually battling not against their own citizens but against the Lyrian forces no
matter how Lyria vehemently tried to dispel any link with the RLF.22

II. MERITS

B. Col. Rivia Is Individually Responsible for the War Crime Of Excessive

Incidental Death, Injury, or Damage (Count 1)

1. The war crime of excessive incidental death, injury, or damage was committed
in the Siege of Velen23

a. The TAF encircled Velen and cut off vital and essential supplies to the City
of Velen.

By September 2013, the TAF had regained control of nearly half of the
“liberated zone”, and was now able to conduct operations on the southern
periphery of the city of Velen.24 The TAF also attempted various incursions into
the city in an effort to intercept RLF’s supply chain to Velen from the north,
and such endeavour succeeded on October 2013.25 By January 2014, RLF lost
control over a significant portion of Velen which took a large toll on RLF’s
supply chain to the city. The RLF, however, retained a stronghold in the large
Eastern Quarter, where a large number of civilians also remained trapped
without supplies26.

b. The siege of Velen caused or resulted in clearly excessive incidental death,

injury and damage to the City of Velen Commented [PEAE3]: Brief explanation of clearly
excessive incidental death, injury, and damage

i. The siege of Velen caused incidental (1) death or injury to

civilians or (2) damages to civilian objects.

On 19 October 2013, the TAF Unit 50 established the blanket no-

entry no-exit policy which mandates its forces to “shoot on sight”

21 Id, 13
22 Id, 14
23
Elements of Crime, art.
24 Id, 17
25 Id, 18
26 Id, 25
 anyone seen on the wall.27 This resulted to the death of 1,500 civilians
within the city28 as well as starvation and damaged infrastructure from
the use of explosives in previous operations. Part of the water mains and
sewage system between the Southern and Eastern Quarters of the city
collapsed. There were reports of cholera outbreaks over the next
months29. Due to the TAF incursions into the city of Velen, high civilian
casualties were reported as caused by the use of explosive weapons in
populated areas and the heavy fire around the two remaining entrances
to the city30. Any attempted operations within the city continued to
produce severe casualties both for the TAF and for the civilians trapped
in Velen.31

ii. The deaths, injuries, or damages are clearly excessive in

relation to the concrete and direct overall military advantage. Commented [PEAE4]: Define briefly + footnote

The population of Velen is 150,000, sixty-percent are Rennish.[5]

After Colonel Rivia announced the effectivity of Directive 66, the
occupants of Velen were given 48 hours within which to evacuate. Out
of 150,000 people in Velen, only 30,000 people were evacuated of
which only 2,000 were Rennish. The remaining 120,000 people, of
which around 88,000 are Rennish were caught in the middle of the
crossfire and bloodbath between the TAF and the RLF.[6] Those who
were not fighting with the RLF were left to die. At least 1,500 mortal
remains were recovered[7] The whereabouts of remaining 119,500 are
still unknown as the battle persisted. This is clearly excessive in relation
to the direct overall military advantage of the TAF which is merely cut
off the RLF’s supplies in order to force their surrender.[8]

c. Colonel Rivia knew that the attack would result in the clearly excessive
incidental death, injury and damage to the city of Velen.

Colonel Rivia is aware of Velen’s structural design that it is fortified by two

rings of inner and outer walls.[9] He has this knowledge at the time he ordered
the siege[10] and as a result of this knowledge, he knew that building to building
fighting would ensue which means that a high number of casualties is
inevitable.[11] Colonel Rivia also knew that out of 150,000 people of Velen,
only 30,000 were evacuated leaving a sizable civilian population still in Velen
to die.[12] Of this 120,000, 1500 mortal bodies were recovered during only one
of the encounters between the TAF and the RLF[13] which suggests that
119,500 citizens are still at risk of sharing the same fate with these casualties
with a high mortality rate at every fight.

27 Id, 21
28 Id, 23
29 Id, 22
30 Id, 18
31 Id, 19
 2. Col. Rivia commanded the Siege of Velen with knowledge and intent of the
consequences.

As area commander, Col. Rivia is an officer with command authority to

give authoritative direction over all aspects of military operations.[14] All TAF
operations in Velen fall and were executed under his command, including the Siege
of Velen and the numerous operations therein. Col. Rivia is thus liable for the
consequences of the Siege of Velen, namely: the clearly excessive loss of life or
injury to civilians, and damage to civilian objects, because when he was in
command of the Siege of Velen he had both knowledge and intent in relation to the
consequences.[15]

C. Col. Rivia, on the Basis Of Command Responsibility for the War Crime of
Intentionally Directing an Attack Against Personnel, Installations, Material,
Units, or Vehicles Involved In A Humanitarian Assistance or Peacekeeping
Mission (Count 2)

1. The firing upon the convoy of the ICRC constitutes the war crime of attack of
personnel or objects involved in a humanitarian assistance or peacekeeping
mission

a. Lt. Metz, of Unit 52, directed the attack on the unidentified vehicles which
turned out to be the ICRC convoy

The perpetrator is Lieutenant Metz of Unit 52 (Southern Quarter). Unit 52

fired on what they described as ‘unidentified vehicles’ approaching their
temporary checkpoint in the southern quarter. It can be inferred from the facts
that he was in charge of Unit 52 since he was the one who was in communication
with Col. Rivia right before Unit 52 fired upon the vehicles. He was the one
Col. Rivia spoke to, to confirm whether or not the vehicles were RLF. It was Lt.
Metz who reported to Col. Rivia of the approaching unidentified vehicles and
that they were “Preparing to engage” and “preparing to fire.”

b. The object of the attack was the missing ICRC convoy

Unit 52, holding a temporary checkpoint in the southern quarter was

successfully ram-raided by a small RLF truck. This put Unit 52 on high alert.
At 7:00 and again at 7:30, Unit 45 reported to the TAF command centre that
they had not yet sighted the convoy. At 7:45, Lt. Metz of Unit 52 reported the
approach of 6 unidentified vehicles approaching their checkpoint. Lt. Metz
identified the front vehicles as camouflaged with mud.

The ICRC convoy consisted of 8 Land Cruisers. All vehicles had Red Cross
emblem prominently placed on the bonnets and sides of the vehicles. All the
personnel involved in the convoy wore vests displaying the same emblem on
their chests and backs. On the way to the distribution site, the convoy
encountered a flooded section of the road which lead to them leaving 2 land
cruisers behind. The bonnet of 2 of the remaining 6 vehicles were sprayed with
thick mud and oil slick. The convoy then made the decision to pass via an
alternative route which diverted them to the southern quarter, where Unit 52
was, instead of the eastern quarter. The unidentified approaching vehicles
described by Lt. Metz fits the description given by the ICRC regarding the
condition of the lost convoy.

Believing the vehicles to be RLF, Unit 52 fired upon the same. The
unidentified vehicles turned out to be the missing ICRC convoy. Unit 52
consequently wounded eight of the humanitarian personnel, with one doctor’s
leg needed to be amputated because of the injuries sustained.

c. Lt. Metz upon his mistake of not being able to properly identify the vehicles
intended such vehicles and personnel inside so involved to be the object of
the attack

At 07.45, Lieutenant Metz of Unit 52 contacted the Command Centre,

reporting the approach of unidentified vehicles in the Southern Quarter of
Velen, close to the border of the Eastern Quarter.

COL Rivia: “How many vehicles do you see?”

LT Metz: “Six vehicles. Preparing to engage.”
COL Rivia: “Do you see a cross on the vehicles?”
LT Metz: “We .... front vehicles... camouflaged... mud.”
COL Rivia: “Can you confirm it is the RLF?”
LT Metz: “.... red .... red ............ RLF. Preparing to fire.”

In his last conversation with Col. Rivia right before the convoy incident, he
reported that there were 6 vehicles approaching their checkpoint and that they
were prepared to engage these vehicles. The firing upon the ICRC convoy was
no accident. From these facts, it can be inferred that Lt. Metz had the intention
to fire upon the vehicles. Lt. Metz’ final words to Co. Rivia, was that they were
“preparing to fire” upon the same unidentified vehicles which consequently
turned out to be the ICRC convoy.

d. Such personnel and vehicles were entitled to that protection given to Commented [PEAE5]: Define ICRC
civilians or civilian objects under the international law of armed conflict protection/humanitarian personnel protection legal basis

On 3 February 2014, President Letha announced that the International

Committee of the Red Cross (ICRC) had the agreement of all parties, including
the Temerian government, to enter Velen on 5 February to provide the first
distribution of food and medical supplies to the Eastern quarter of the city. The
convoy was driven by ICRC delegates, accompanied by several doctors and
nurses from the Temerian Red Cross Society. The Red Cross emblem was
displayed prominently on the bonnets and sides of the vehicles and all personnel
wore vests displaying the same emblem on their chests and backs.

The ICRC delegates, doctors, nurses, other personnel, and the vehicles they
used in the convoy did not lose their protected status under international
humanitarian law during the events before the attack. They did not become Commented [PEAE6]: Footnote how to lose protection
lawful military objectives. None of them directly participated in any of the
hostilities nor were they used for any military purpose. The medical personnel
 or medical objects were not used to commit acts harmful to the enemy, outside
their humanitarian function.

Nowhere in the facts does it state that the actions of the ICRC convoy in
approaching the checkpoint of Unit 52, was comparable to the actions of the
RLF truck that previously ram-raided the checkpoint earlier in the day. There is
no evidence that the convoy posed a threat to Unit 52’s position or that it was
ambushed by the RLF since it is only fitting that being the ICRC convoy, they
would have slowed down and stopped if they saw that it was TAF forces. Lt.
Metz simply reported that there were vehicles approaching their checkpoint. He
did not mention that they posed a threat or that they were going at a speed which
would lead to them thinking that it was another RLF truck which had the
intention of ramming their checkpoint.

e. Lt. Metz was aware of the factual circumstances that established that
protection

Due to international pressure, the ICRC was allowed to enter Velen to

provide distribution of food and medical supplies to the Eastern Quarter of the
city. This was agreed to even by the Temerian government. It was the president
of Temeria, President Letha, who announced this humanitarian mission. Being
part of the military and having the rank of Lieutenant, it is a reasonable inference
that he knew of the factual circumstances that established the convoy’s
protection being civilians. From the announcement of the humanitarian mission
on February 3 2014, there was 2 days for Lt. Metz and the rest of the TAF units
inside Velen to prepare for the humanitarian mission. It was more than sufficient
time for the TAF units to be briefed on the mission and made aware of the
protection which the ICRC convoy would be entitled to.

From his last communication with Col. Rivia right before the attack, Col.
Rivia even asked if he saw a red cross on the vehicle which leads to the
conclusion that both Col. Rivia and Lt. Metz knew that if the vehicles had the
Red Cross emblem, they were to be afforded protection.

2. Col. Rivia is responsible on the basis of Command Responsibility because, as Commented [PEAE7]: Define
area commander, he has effective control of TAF inside and around the Velen
area

f. Unit 52, Southern Quarter temporary checkpoint, is under the effective

control of Col. Rivia Commented [PEAE8]: Define within context of command
responsibility
Since 15 October 2013, it is an undisputed fact that Col. Rivia is the TAF
area commander in the Velen area. He gave a directive and issued orders to the
TAF units inside the Velen area. During the time of the convoy incident, Col.
Rivia was at the TAF Command Centre which directed the TAF operations in
and around the city of Velen. Right before the attack on the convoy, Lt. Metz
was in communication with the Command Centre and with Col. Rivia. Lt. Metz
and reported the approach of ‘unidentified vehicles’ upon their checkpoint in
the Southern Quarter. Col. Rivia had Lt. Metz describe the vehicles and confirm
whether or not they were RLF.
g. Col. Rivia knew that wrongly identifying the vehicles as RLF instead of the
ICRC convoy and attacking the same would lead to committing the crime

Right before the attack on convoy, Col. Rivia and Lt. Metz had an exchange
of communication with Lt. Metz, although patchy, wherein Lt. Metz reported
the approach of ‘unidentified vehicles’ upon their temporary checkpoint. During
their exchange, Col. Rivia made it a point to ask Lt. Metz whether or not he saw
a cross on the vehicles and thereafter asked whether or not Lt. Metz could
confirm that it was RLF. By asking these 2 questions, Col. Rivia was trying to
establish whether or not the unidentified vehicles could have been the land
cruisers of the missing convoy and had Lt. Metz confirm if it was RLF. It can
possibly be inferred that as Colonel and area commander, Col Rivia knew that
there was a possibility that the unidentified vehicles could have been the missing
convoy. It must also be assumed that since Temeria is a state party to the four
Geneva Conventions of 1949 and Additional Protocol I and II, that he knows
those bearing the Red Cross emblem, are protected persons under international
humanitarian law.

h. Col. Rivia failed to take all necessary and reasonable measures to prevent
or repress the commission of the crime or submit guilty subordinates to
proper authorities

iii. Rivia failed to take necessary and reasonable measures to

prevent or repress Commented [PEAE9]: Find standards used by ICC to
determine this – jurisprudence
The humanitarian mission was announced by Pres. Letha on
February 3, 2014. The Col. Rivia, as area commander, had 2 days to
ensure that all units in Velen were properly informed and ready for the
coming of the convoy. Even if there were difficulties in the
communications. Col. Rivia had 2 days to try and improve
communications, or to communicate via other modes of communication.
They had 2 days to prepare for any possible changes in the original plan
and lay down the procedure when a problem might arise from the
difficulties in communication.

On February 4, Col. Rivia issued a “fire at will” order to all the TAF
units in and around the city of Velen if they had eyes on Red Geralt. It
is highly unacceptable to give such a careless order knowing that in the
following day, humanitarian workers will be carrying out a mission
inside the Velen area. In his February 4 2014 youtube video, Red Geralt
expressed his wish to be present to distribute the aid to the besieged
civilians personally. It is highly inferable that Red Geralt could possibly
be seen amidst the distribution points close to civilians and the
humanitarian workers themselves. Giving an order allowing TAF units
to fire at will just because they have eyes on Red Geralt, not giving any
other order to take precaution if he is spotted in a civilian populated area
or amidst the humanitarian workers.
 When convoy was missing by 7pm, and still missing by 7:30, Col.
Rivia did not take measure to ascertain where the convoy was. The facts
do not state that Col. Rivia took any actions to contact other units in the
Velen area and ask if they have spotted or seen the convoy passing by.
The convoy missing for 30 minutes, this should have raised Col. Rivia’s
suspicion and put him on alert. Yet, nowhere in the facts does it show
that Col. Rivia tried to locate the convoy or send out units to locate them
on the ground.

Even when he entertained the possibility that the unidentified

vehicles were the lost convoy by asking Lt. Metz if he saw a red cross
on the unidentified vehicles approaching their checkpoint, he did not
immediately order prudence in the following acts of Lt. Metz. Instead,
after asking 2 questions, Lt. Metz consequently fired upon the same.

iv. Rivia failed to take necessary and reasonable measures to

submit guilty subordinates to proper authorities

After the attack, instead of initiating investigation and court martial

proceedings, Col. Rivia merely withdrew Unit 52 and re-assigned them
outside the former ‘liberated zone’ allegedly as a disciplinary measure.

D. COL. RIVIA, THROUGH HIS DIRECTIVE 66, DECLARED THAT NO

QUARTER WILL BE GIVEN TO THE MEMBERS OF THE RENNISH
LIBERATION FRONT IN THE CITY OF VELEN

1. Directive 66 constitutes a declaration that no quarter will be given to members

of the Rennish Liberation Front

a. Col. Rivia through his directive 66, declared that there shall be no survivors

On 15 October, the TAF area commander, Colonel Rivia, issued directive

66 to all TAF Units in the Velen area to “take all necessary measures to cut off
the RLF’s means of fighting” and “remember who we’re fighting, the RLF are
barbarians, they take no prisoners.”

The phrase “take all necessary measures” is so vague that it is susceptible to

the interpretation that Directive 66 authorizes a “no holds barred” way of
warfighting. Coupled with the immediately following insinuation that the RLF
did not take prisoners, including a dehumanizing characterization of the RLF, it
is reasonable to infer that Col Rivia is ordering his men to also take no prisoners
and completely cut off the RLF’s warfighting capability. Col. Rivia didn’t tell
his men to take all necessary measure to protect themselves. The necessary
measures qualified the phrase “to cut off the RLF’s means of fighting.” The all
necessary measures were intended to qualify offensive measures against RLF.
 b. Directive 66 was given in order to threaten members of the RLF and to
conduct hostilities on the basis that they should be prepared to fight to the
bitter end

Col. Rivia issued directive 66 on 15 October and on the following day, the
TAF began a 48-hour evacuation period for the residents of Velen. In line with
this, the TAF also dropped 10,000 leaflets and text messages which contained a
message to the fighters inside Velen “RLF: surrender now or be prepared to
fight to the bitter end.”

Although directive 66 did not explicitly state that there shall be no survivors,
it is clearly shown to have been the intended meaning because the day after
issuing the directive, the TAF dropped leaflets containing a message to the RLF
to “surrender now or fight to the bitter end.” The message on the leaflets which
could only mean that persons who don’t surrender shall meet the “bitter end”
because after the 48-hr evacuation period, the TAF sealed one of the remaining
exits of the city and enforced a blanket no-entry or exit policy. A ‘shoot-on-
sight’ policy was also initiated by the TAF for anyone seen trying to exit the
city by going over the wall.

c. The perpetrator was in a position of effective command or control over the

subordinate forces to which the declaration or order was directed.

Col. Rivia was the TAF area commander in the city of Velen. He issued his
directive 66 to all TAF units in the Velen area.

2. Col. Rivia is individually responsible for issuing directive 66 and declaring that
no quarter shall be given to the members of the Rennish Liberation Front

A person shall be criminally responsible and liable for punishment for a

crime 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 liable. The undisputed facts show that it was Col. Rivia who issued
directive 66 to all the TAF Units in the Velen area.
 PRAYERS FOR RELIEF

The Prosecutor hereby requests the Court:

A. To declare that there was an International Armed Conflict between the Government of
Temeria and the Rennish Liberation Front

B.C.1. To rule that there are sufficient facts to charge Col. Xander Rivia of committing
1. Oon the basis of individual criminal responsibility, the war crime of intentionally
launching an attack in the knowledge that such attack will cause incidental loss of life or
injury to civilians or damage to civilian objects or widespread, long-term and severe
damage to the natural environment which would be clearly excessive in relation to the
concrete and direct overall military advantage anticipated with respect to the cutting off
of the supplies to the civilian population of the city of Velen knowing it will cause clearly
excessive incidental death, injury, and damage to civilians and civilian objects. .

2.

C.2. To rule that there are sufficient facts to charge Col. Xander Rivia of committing Oon
the basis of command responsibility, the war crime of intentionally directing attacks
against protected personnel, installations, material, units or vehicles involved in a
humanitarian assistance or peacekeeping mission in accordance with the Charter of the
United Nations, as long as they are entitled to the protection given to civilians or civilian
objects under the international law of armed conflict with respect to the 5 February 2014
attack by Unit 52 on the ICRC convoy.

C.3. To rule that there are sufficient facts to charge Col. Xander Rivia of committing Oon
the basis of individual criminal responsibility, the war crime of declaring that no quarter
shall be given with respect to Directive 66 issued on 15 October 2013.