PROSECUTION: First Count

Your Excellencies.
Good ___________

I am ____________________________ appearing as Counsel for the Prosecution. With me, is my co-counsel ______________________________.
We will be allotting ____ minutes of our time for our first submission, _____ minutes for our second submission, and another
____ minutes for our third submission.

Allow me, Your Excellencies, to lay down the preliminary matters. (Discuss)

Your Excellencies, if you have no preliminary questions, the Prosecution would like to proceed with its arguments.
May it please the court.

Your Excellencies, we appear before this Court to prosecute Colonel Shelly Duval for his violation and disregard of the
International Humanitarian Law and his indifference for humanity. For the success of this prosecution, we submit that the
following charges against him and their elements be established:

First, that Colonel Duval is criminally responsible for committing the crime against humanity of extermination under
Article 7(1)(b) of the ICC Statute;

Second, that he has criminal responsibility for the war crime of intentionally directing attacks against building
dedicated to religion under Article 8(2)(b)(ix) of the ICC Statute; and

Third, that he committed the crime of torture under Art. 8(2)(a)(ii) of the ICC Statute.

On to our first submission, Your Excellencies. “Extermination” as a crime requires proof that the accused participated in a
widespread or systematic massacre, or in subjecting a widespread number of people to conditions of living that would
inevitably lead to death. The crime against humanity of extermination requires the following elements:
First, that there be a widespread or systematic attack against a civilian population;
Second, that there be killing of persons in a massive scale;
Third, that there be the accused’s intent shown by his act or omission; and
Lastly, that there be a condition of living that would lead to their deaths.

On to the first element, Your Excellencies. Civilian population refers to people who are not taking any active part in the
hostilities, including members of the armed forces who laid down their arms and those persons placed hors de combat by
sickness, wounds, detention or any other cause. Civilians enjoy protection against the attacks, and acts or threats of violence
to spread terror among a civilian population are prohibited. The use of the word "population" does not mean that the entire
population of the geographical entity in which the attack is taking place must have been subjected to that attack. There can be
no question therefore, as to the fact that the meeting was attended by innocent civilians, paragraph 14 of the compromi so
state that no resistance was made by the people in the hall after the military forces broke down the gates and some of them tried to
hide underneath chairs. Notwithstanding, ICTR in Bagilishema instructs us that the presence of certain non-civilians in a group
does not change its civilian character.

Widespread in the context of the Rome Statute pertains to the number of the acts committed and the number of the victims
affected. With this regard, may I invite your attention to paragraph 15 of the facts where it was reported that 1000 civilians
were killed in Tegi, including 153 who died in the attack in the community hall which was deduced in paragraph 13, where 69
suspected TLO members were killed during the exchanges of fire between Besthean Police and the TLO Members in six
incidents within a week and 50 others were killed during a protest after a three hour confrontation; and paragraph 15 where
56 people died after the military, under the command of Colonel Duval, exchanged fire with the alleged TLO members for 20
minutes); paragraph 21 where 12 people died after a carefully planned attack by the military forces, ordered by Colonel Duval,
in the Pinky Shrine. The aforementioned circumstances are enough evidence that the attack is widespread having murdered
more that 1000 people in different occasions, in different places.
Furthermore, not only are the attacks widespread for they are also systematic. Systematic refers to the organized nature of the
acts of violence and the recurrence of similar criminal conduct on a regular basis. It involves a methodical plan that is
thoroughly organized and following a regular pattern. We submit that such pattern is present in paragraph 13 where it was
deduced that several TLO activists were detained and that military measures had been employed to stop the protest leading to
the death of more than 100 people; paragraph 14 where 150 people went missing right after the confrontation between the
TLO and the forces of Colonel Duval; and where Colonel Duval himself stated in a press conference that he deployed Beshtean
military personnel as per an intelligence report he had received, asking for the surrender of those in the community hall, and
when such was unheeded, the 20 minute exchange of fire leading to the death of 56 people; paragraphs 18 and 19 where the
Beshtean government employed the services of TPP, forming part of the brigade of Colonel Duval; and paragraph 21 wherein
the military carefully planned an attack in the Pinky Cafe where TLO Leaders will reportedly hold their meeting, such leading
to the death of 12 people and serious injuries to 72 people. All these circumstances are enough evidence to prove that there is
indeed a pattern, a system of attack formulated by the military under the command of Colonel Duval.

Notwithstanding all of these, jurisprudence is likewise keen on stating that “large scale” does not suggest a strict numerical
approach with a minimum number of victims. The assessment of “large scale” is made on a case-by-case basis, taking into
account the circumstances in which the killings occurred. Relevant factors include, inter alia, the time and place of the killings,
the selection of the victims and the manner in which they were targeted, and whether the killings were aimed at the collective
group rather than victims in their individual capacity. There is no requirement to establish that there was a “vast scheme of
collective murder.” No loophole can be attributed; as either way, the element attaches, there is therefore, no doubt, Your
Excellencies that the first element has been sufficiently met.

This leads me to the second element, Your Excellencies. The attacks ordered by Colonel Duval and was conducted by the
military forces under his command is a large-scale murder, having more than 1000 people dead in different occasions, in
different places. Extermination, as characterized, must be collective and not just directed towards a singled-out individual.
Mass killing which is the actus reus of the crime against humanity of extermination, is also evidenced by the evidence used to
establish the widespread character of the attack, which I have established earlier, Your Excellencies.

As to the third element, Your excellencies, the intent of Colonel Duval to cause the killing and deaths that took place is
evidenced by his statement in the in the press conference in paragraph 15 wherein he stated that he had already deployed 256
military personnel in the closed community hall. Such manifestation of his intent to bring destruction to the people therein,
leaving a number of dead, injured, and arrested civilians who were only suspected to be members of the TLO, is proof enough
to establish that, indeed, the third element of the first charge against him is present. Further, Duval concluded that his forces
acted swiftly, caused the least number of casualties and prevented a major attack by disrupting the TLO meeting. Recognizing
the casualties in the aftermath of the attack is an implicit admission of Duval’s responsibility over the death of the civilians.

Lastly, with regard to the fourth element of the crime, Your Excellencies. The mens rea of the crime against humanity of
extermination is that there be conditions in life that would lead to their deaths. Aside from the military strategies employed by
Colonel Duval in paragraphs 14 and paragraph 21 of the compromi which eventually lead to the death of various people,
Colonel Duval also effected the detention of people allegedly suspected to be TLO. Their detention is in a subhuman condition
as stated in paragraph 26 and paragraph 29 of the compromi. Such conditions of detention facility, having inadequate space,
food, water, and medical services, will eventually lead to the death of the detainees.

Having established and proved the presence of all the elements of the crime against humanity of extermination under Article
7(1)(b) of the Elements of Crime, we, the Prosecution, submit that Colonel Shelly Duval be held criminally liable for the first
charge.

If you have no further questions, Your Excellencies, I will now give the floor to my co-counsel for our second and third
submissions.
May it please the Court.