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Greater Temeria was a territory of the colonial power of Redania, and was partitioned,
resulting from its independence, into two states: the Republic of Temeria and the Republic of
Lyria. There are two groups of people in the former territory: Temeri, who are the predominant
group in Temeria, and Rennish, the minority group in Temeria and the majority in the Lyrian
population.
The Rennish Liberation Front (RLF) is a movement with proponents accross Greater
Temeria who were actively participating in the struggle for independence prior to 1981. The group
later disbanded following the independence.
Tensions existed between Temeria and Lyria especially on the Easter border. The two
states have been invoking their claims on the historical city of Velen.. The original agreement
containing the assignment of Velen by Redania was destroyed in an explosion caused by anti-
partition demonstrators.
In 2010, Elsa Letha was elected President of Temeria on her platform of protectionism and
border security. From 2010 to 2011, the cost of foreign workers visa increased affecting Lyrians
working in Temeria, the border security increased and the visas for Rennish people were restricted
making it difficult for them to depart Temeria.
On 2 January 2012, Temeria began building a wall on its side of the border and Lyria
declared this as an act of aggression by Temeria. In 27 April 2012, the construction was halted by
artillery fire. The barricade was damaged and fifty-nine people were killed with casualties
consisting mainly members of the Temerian Armed Forces (TAF) and the Temerian Police Force.
The RLF claimed responsibility for the attack.
Over the course of the next week, casualties from the violence between the protesters,
RLF and law enforcement climbed to the hundreds. In the following months, frequent raids on
the wall were carried out by armed men and women wearing blue armbands emblazoned with
white stars. On 4 May 2012, the RLF attacked the TAF barracks with heavy weapons forcing
Temerian forces to withdraw from Velen. RLF developed a system of seniority and recruitment
of new members was highly successful. By 2 July 2012, RLF declared the an area including
Velen as “liberated zone”.
Following the resignation of Red Geralt from the Lyrian parliament on 2 November 2012,
he declared on 12 December in his YouTube channel that he is the new political leader of RLF.
By September 2013, TAF regained control over nearly half of the “liberated zone” and in
October 2013, TAF began successfully intercepting RLF’s supply chain to the city from the North.
On 15 October, Colonel Rivia, the TAF area commander, issued directive 66 to all TAF
units in Velen to “take all necessary measure to cut off the RLF’s means of fighting” On 16
October, TAF dropped ten-thousand leaflets over Velen and sent text messages informing residents
that a forty-eight-hour evacuation period had begun.
On 19 October, TAF Unit 50 sealed the remaining exit with artillery fire. After attempts
by RLF members to go over the wall by night, a “shoot on sight” policy was initiated by TAf for
anyone seen on the wall.
There were reports of starvation by November. On 2 December, part of the water mains
and sewage system collapsed. Over the next months, there were report of cholera outbreak. On 25
December, TAF evacuated civilians and over one-thousand-five-hundred mortal remains from the
city. The evacuation was marred by exchange of fire between RLF and TAF as RLF members
were attemting to enter the city dressed as humanitarian workers and carrying supplies for their
comrades.
Facing international pressure to allow humanitarian aid to enter Termeria, President Letha
on 3 February 2014 announced that the International Committee of the Red Cross (ICRC) had the
agreement of all parties to enter Velen on 5 February to provide the first distribution of aid to the
Eastern quarter of Velen. Red Geralt broadcasted on his YouTube channel on 4 February 2014
welcoming also the assistance of ICRC in Velen and expressed his wish to be present in the
distribution of aid to the civilians.
On 4 February, TAF received intelligence that Red Geralt may have crossed the border.
Col. Rivia issued an order to all TAF Units to “fire at will” if they had eyes on Red Geralt.
At 06.00 on 5 February, a convoy of eight land cruisers carrying humanitarian aid and
personnel passed through the TAF Command Centre. The delegates confirmed that the expected
delivery time to Velen was shortly after 07.00. The Red Cross emblem was displayed prominently
on the vehicle and all personnel wore vests displaying the emblem. At 06.45, the convoy radioed
informing Col. Rivia that the convoy was entering via the eastern gate as planned. As the convoy
penetrated further into the Quarter, radio contact was lost.
The convoy passed RLF checkpoint without incident. However, upon reaching a flooded
section of the road, the convoy attempted to continue by fording the filthy water. The lead two
vehicle became heavily bogged in the water up to the window line however, the convoy
successfully extracted personnel but were unable to pull the vehicles from the water. Even mired
with mud and oil slick, a decision was made to attempt delivery via an alternative route. TAF
signals operator informed Col. Rivia of the attempted communication from the convoy. Reporting
the only clear word “water”.
At 06.50, TAF Unit 52 was successfully ram-raided by a small truck carrying RLF
members as it forced through its ways to the checkpoint. Lieutenant Metz contacted the Command
Centre saying that Unit 52 was now on high alert for further attacks.
At 07.45, Lt. Metz contacted the Command Centre reporting the approach of unidentified
vehicles in the Southern Quarter of Velen, close to the Eastern Quarter border. The communication
was patchy. Unit 52 fired on the convoy, wounding eight humanitarian personnel. All further
assistance to Velen was delayed and the international community strongly condemned the incident.
On 23 February 2014, Col. Rivia withdrew Unit 52 from Velen as a disciplinary measure.
On 1 March 2014, a cease fire agreement was signed by President Letha and Red Geralt.
Humanitarian assistance was finally able to reach Velen.
As a key component of the peace negotiations, on 15 July 2016, Col. Rivia was delivered
into the custody of International Criminal Court.
PRELIMINARY MATTERS
Col. Rivia shall face the Pre-Trial Chamber of the ICC for the Confirmation of Charges
against him, in which case, the “Prosecution [shall] support each charge with sufficient evidence
to establish substantial grounds to believe that he committed the crime charged” 1. To meet this
evidentiary threshold, the Prosecution must “offer concrete and tangible proof demonstrating a
clear line of reasoning underpinning specific allegations”.2 The chamber must be “thoroughly
satisfied that the Prosecutor’s allegations are sufficiently strong to commit the person to trial.” 3
The prosecution is tasked to prove all the contextual and specific elements of the crimes charged4
Any ambiguities shall be interpreted in favor of the person being prosecuted, and the
CHARACTER
The Lyrian Government denied any link with RLF and any knowledge
1
STATUTE, Art 61(5).
2
ICC, Lubanga Decision on the Confirmation of Charges, ¶19.
3
Ibid.
4
ICC, Al Bashir Arrest, ¶52.
5
STATUTE, Art. 22(2).
6
Record, ¶14
A NIAC may become international if (i) another State intervenes in the
conflict through its troops or if (ii) some of the participants in the internal armed
Lyria, “the Chamber must analyse the degree of control by the State over one of the
armed groups participating in the hostilities”8 which is satisfied when a State “has
There was a failure to establish that Lyria has intervened or has any degree
notwithstanding the fact that Red Geralt is the son of a former RLF leader and currently
Red Geralt was already not a member of the Lyrian Parliament when he claimed
leadership of the RLF therefore, his acts thereafter canot be attributed to Lyria. The
LDF is an independent armed group and a sufficient proof is not shown in the record
7
ICTY, Tadić Appeal Judgment, ¶84
8
ICC, Katanga and Chui Appeal Judgment, ¶85
9
ICTY, Blaškić Trial Judgement, ¶69
Had it been true that Lyria is supervising RLF, TAF would not have been able
to regain nearly half of the liberated zone considering the strong position of RLF in the
area.
MAIN PLEADING
I. FIRST CHARGE: COLONEL RIVIA IS NOT LIABLE FOR THE WAR CRIME
ARTICLE 8(2)(b)(iv)
COMMITTED
For the said crime to be committed, five (5) elements must be satisfied: the
perpetrator launched an attack; the attack would cause incidental death or injury to civilians
or damage to civilian objects or widespread, long-term and severe damage to the natural
environment and that such death, injury or damage would be of such an extent as to be
clearly excessive in relation to the concrete and direct overall military advantage
anticipated; the perpetrator knew of the result of such attack; the conduct is in the context
of and associated with an international armed conflict; the perpetrator was aware of the
In this case, Col. Rivia bears no criminal responsibility under the Rome Statute for the
crime of incidental death, injury, or damage because there was a failure to meet the
threshold test of Article 8(2)(b) that (a) the perpetrator intentionally directed an attack, (b)
the perpetrator knew of the result of such attack, (c) the conduct took place in the context
10
ELEMENTS, p.19
of and was associated with an international armed conflict, and (d) the perpetrator was
1. Col. Rivia did not intentionally direct the attack hence he did not know what may be
Before exchanges of fire took place between TAF and RLF, 11 Col. Rivia
ordered all necessary measures including the evacuation of the people to remove
civilians from the war zone.12 This is indicative of Col. Rivia’s concern of limiting
collateral and incidental damage. While it is true that TAF Unit 50 used artillery
fire to seal the remaining exit,13 this is in consonance with the protection of civilians
for their evacuation and as defense in case RLF attempts to disturb the evacuation.
The resulting damage to the water mains and sewage systems are highly regarded
The incident in the Southern Quarter of Velen was not intentionally directed
by Col. Rivia. Aside from the broadcast of Red Geralt expressing his wish to be
present in the distribution of aid,15 an intelligence report was also received by TAF
that Red Geralt may have crossed the border.16 This can be further evidenced by
the successful ram-raiding of a small truck carrying RLF members forcing its way
11
Record, ¶23
12
Additional Protocol II, Art 13, par. 1
13
Record, ¶21
14
ICTY, Hadžihasanović and Kubura Trial Judgement 15 March 2006, par. 45
15
Record, ¶27
16
Record, ¶28
through the Souther Quarter checkpoint.17 It is clear from the Record that
communication was patchy and Col. Rivia continuously verified if the convoy were
members of the RLF.18 Two inferences can be made from the statement of Lt. Metz:
(1) Red as in the Red Cross or (2) Red as in Red Geralt. Since the vehicles have
been mired, it is probable that Lt. Metz have inferred the latter and have directed
attack.
recognized but also through distinctive signals.20 Considering that the vehicles
which were covered in mud carry medical supplies and personnel, they can be
considered as medical units. They should have been more visible through a
distinctive signal had they employed this as identification.21 The attack was a
legitimate military concern since the statement and the intelligence impose threat
to Temeria. It should have been the ICRC convoy which exercised due diligence as
2. There was no international armed conflict hence the attack was not in the context
Having been established that the overall control test was not satisfied, it is
17
Record, ¶32
18
Record, ¶34
19
Additional Protocol I, Art 8, par. e
20
Additional Protocol I, Art 8, par. m
21
Additional Protocol I, Annex I, Chapter III, Art 6, par. 3
The RLF cannot be considered a de facto State organ because “it is
that particular act had been issued by that State to the individual or group in
question; alternatively, it must be established whether the unlawful act had been
The unrest was brought by the building of the wall by Temeria.23 However,
there was insufficient proof to hold Lyria accountable for the April 27 attack.24
organized armed groups or between such groups within a State.”25 The armed
ARTICLE 25(3)(b)
Article 25(3)(b) has three key elements to prove the commission of a crime: (1) ordering,
(2) soliciting, (3) inducing.26 There is failure to establish that Col. Rivia ordered, solicit or induced
Lt. Metz to fire at the convoy leading to the cutting off of supplies.
elements must be fulfilled: (a) the person is in a position of authority, (b) the person instructs
another person in any form to either: (i) commit a crime which in fact occurs or is attempted or (ii)
22
ICTY, Tadic Appeal Judgement, par 137
23
Record, ¶10
24
Record, ¶11
25
ICTY, Tadic, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, par 70
26
Rome Statute, p. 14
perform an act or omission in the execution of which a crime is carried out, (c) the order had a
direct effect on the commission or attempted commission of the crime, and (d) the person is at
least aware that the crime will be committed in the ordinary course of events as a consequence of
Col. Rivia is in a position of authority considering that he is the TAF area commander28
and he imposes disciplinary measures.29 However, he failed to fulfill the other elements. He did
not order the commission of any crime against the civilian population but only ordered the
necessary measures to cut off the RLF’s means of fighting which is a legitimate military order.
Solicitation can be characterized when the perpetrator asks or urges the physical perpetrator
to commit the criminal act. It does not presuppose that the accessory is in a certain relationship
with the physical perpetrator of the offence(s).30 Inducing, on the other hand, means that the
accessorial perpetrator exerts influence over the physical perpetrator, either by strong reasoning,
persuasion or conduct implying the prompting of the commission of the offence.31 There is no
need to establish that the ‘instigator’ and the physical perpetrator has a superior-subordinate
relationship.32
As defense and protection on the evacuation, the TAF exchanged fire with the RLF.33 There
were also mortal remains being evacuated from the city. The deaths and the attacks should not be
charged as ‘soliciting’ nor ‘inducing’ the commission of criminal offences. Rather, they should be
27
“Decision on the Prosecutor’s Application under Article 58”, 13 July 2012, ICC-01/0401/12-1-
Red, para. 63
28
Record, ¶20
29
Record, ¶36
30
ICC, Situation in the Central African Republic, 19 October 2016, ICC-01/05-01/13, par. 75
31
ICC, Situation in the Central African Republic, 19 October 2016, ICC-01/05-01/13, par. 76
32
ICC, Situation in the Central African Republic, 19 October 2016, ICC-01/05-01/13, par. 77
33
Record, ¶23
charged as incidental damage in the diligent performance of territorial defense. As a precautionary
measure in an attack, it must always be considered if the attack may cause incidental loss or injury
to civilian life or damage to civilian objects.34 In the case at hand, the principle of proportionality
was strictly observed wherein the incidental damage was not excessive in relation to the direct and
34
Additional Protocol I, Art 57, par. 2(a)
35
ICRC, The Law of Armed Conflict, Lesson 3, p. 3