Third Indonesian National Round of The International Humanitarian Law Moot Court Competition 2008

on December 14^th, 2008 have been carried out The Oral Presentation Rounds of Third Indonesian National Round of The International Humanitarian Law Moot Court Competition 2008 by International Committee for Red Cross (ICRC) and Indonesian Society of International Law. Where I follow become one of judges in this competition. Following is complete version invitation to me:

“We, the Indonesian Society of International Law (“ISIL”), together with the International Committee for Red Cross (“ICRC”), cordially invite you to become one of the Judges for the 2008 National Rounds of International Humanitarian Law Moot Court Competition (“IHL Competition”).

IHL Competition is a moot court competition in which the competitors will represent two parties (the Prosecutor and Defendant) on a dispute regarding a hypothetical humanitarian law case. The competing teams will present their written pleadings/arguments (Memorials) and oral pleadings (Oral Presentation) of both the Prosecutor and Defendant based on the hypothetical case (Problem).

After the competing teams have completed their Memorials of both the Prosecutor and Defendant, the Memorials will be scored by a panel of two Judges. The competing teams then will advance to the Oral Presentation Rounds where they have to present their Memorials before a panel of three Judges. The winner of the Oral Presentation Rounds will advance to Hong Kong to represent Indonesia in the IHL Competition at international level.

Therefore, the role of each Judge will be scoring the Oral Presentation Rounds, to determine the team who will advance to the international IHL Competition. The Oral Presentation Rounds will take place on December 14th 2008 at Millenium Hotel Jakarta.

Considering your well-known reputation, we would be honored if you are willing to become a Judge of the 2008 National Round of the IHL Competition. We would also appreciate your early confirmation on this matter.”

With me, there is 5 judges again for The Oral Presentation Round dan 2 judges for the Memorial Rounds, namely:

1. Mr. Ben Clanchy, Foreign Counsel at Makarim and Taira Law Firm. He is admitted as Lawyer of the Supreme Court of New South Wales, 2008. Since 2004, he has worked mainly in Jakarta and spent 3 years in the diplomatic corps at the Australian Embassy. He has also worked in a number of position in the Department of Foreign Affairs in Canberra;

2. Mr. Nicholas Watts, Foreign Counsel at Soemadipradja and Taher Law Firm. He was the Senior Associate in the Dispute Resolution Team at Freehills Law Firm Singapore;

3. Mr. Norman Bissett, Foreign Legal Consultant at Hadiputranto Hadinoto and Partners;

4. Ms. Rina Rusman, Legal Advisor ICRC Indonesia

5. Ms. Tiza Mafira, Lawyer at Makarim and Taira Law Firm. She was the Presidential Special Staff, Republic of Indonesia at the the Office of the Special Staff of the President for Internal Affair.

And 2 judges for Memorial Round, namely:

1. Ms. Hanna Azkiya, Lawyer, Karimsyah Law Firm. She was the First Best Oralist at the World Round of the 2007 Philip C. Jessup International Law Moot Court Competition, Washington DC;

2. Mr. John Lumbang Tobing, Faculty of Law University of Parahyangan.

This competition discussed case as follow:

Moot Court Problem

Prosecutor v. General Butcher and Major General Marshall

Before the ICC under a Special Mandate

in accordance with the Security Council Resolution DEF of 3 July 2007

Suburbia and Megrisland are two countries in the continent of Duroba, which primarily thrive on oil resources for the sustenance of their economies. Though they are neighbouring countries, the population of these countries is marked by the diversities ethnically and culturally. According to the most recent census (2005), 83 percent of the Suburbian population belongs to Rumon ethnicity and 11 percent to Delphon ethnicity. Remaining six percent belong to different minority ethnic groups. 86 percent of the Megrisland population belongs to Delphon ethnicity whereas Rumons constitute nine percent of the total population. Remaining population belongs to other minority communities. Major portion of the oil resources in both the countries are located on the both sides of the international border dividing two countries. Because of their rich oil resources they also exercise considerable influence within the Organization of Petroleum Exporting Countries (OPEC). In the booming oil economy, these countries have been prospering. In course of time, Suburbia could find extra reserves of oil whereas Megrisland found that its oil resources have been gradually depleting. This has become the starting point of mutual distrust between Suburbia and Megrisland which later escalated into that of a major irritant causing strained relations between them.

Suvidesh, a province, is geographically situated in Suburbia bordering with Megrisland. But the composition of the population in Suvidesh is different from the majority population inhabiting the other provinces in Suburbia. Ninety-two percent of the Delphon community in Suburbia lives in Suvidesh where as the population in other provinces is more or less homogenous. Therefore, the people of Suvidesh in many respects feel more akin to that of the people of Megrisland. People living in Suvidesh were nurturing a feeling of resentment that they have been subjected to discrimination and that they have been neglected and alienated. The reasons for this feeling were not totally unfounded. Despite the fact that 97 percent of the Delphon population is literate, unemployment rate among them is high. Several surveys conducted by non-governmental research institutes found that Delphon people were under represented in government services. Though several oil wells are located in Suvidesh, people belonging to Delphon ethnicity are not adequately employed. On the other hand major business establishments in Suvidesh are owned by Rumons of Suvidesh. It is alleged that the successive governments in Suburbia went out of way to support the Rumons of Suvidesh, which helped them establish their economic domination in Suvidesh. Sensing the general mood of the people, a person by name of Mr. Butcher floated an organization in early 2006 called Suvidesh Nationalist Alliance (SNA) and stated that the objective of the organization was to liberate Suvidesh from the yoke of Suburbia. Inspired by the fiery speeches of Mr. Butcher, a number of youngsters joined the party and at their insistence, he styled himself as General Butcher and started imparting military training in August 2006 to the enlisted youth. Guerrilla warfare techniques were also included in the training.

When the Government of Suburbia came to know about these activities, it put restrictions on the activities of SNA in September 2006. It arrested some members of the SNA and framed them under several charges. Finding the situation very congenial, the government of Megrisland secretly held parleys with General Butcher and encouraged him to launch a struggle for the liberation of Suvidesh. General Butcher, with the support of 1500 members of SNA started insurgency operations in October 2006. Following this other leaders of the SNA held several meetings in different parts of Suvidesh and addressed the people to support the struggle for the liberation of Suvidesh. In many places, their fiery speeches led to tensions with reports of Rumons being attacked. With a view to strengthening the structure and to making its political agenda very clear, the SNA convened a conference on 1 January 2007 of all its cadres. The conference proclaimed General Butcher as SNA's leader and announced a 12 member central committee of the SNA. The conference adopted the manifesto of the SNA. Copies of the manifesto were distributed to all the cadres along with the message of General Butcher. In his two-page message dated 31 December 2006, General Butcher explained how historically Delphons have been exploited in Suvidesh. While describing the task before the Delphons of Suvidesh, the message read as follows:

''Culturally and ethnically we Delphons need to assert ourselves and prove to our exploiters who are our enemies how historically we have been superior to them. With our intellectual and manual abilities, we are contributing to the major portion of the economy of Suburbia. Now the situation is ripe that the land of Suvidesh should remain with those who can protect it but not with those who are inferior in all respects to Delphons. We should make it very clear to the world that people of Suvidesh are potent and competent and they rule their land and do not allow inferior people to rule them. The blood that flows in our veins is much superior to others and we know the history of our opponents!! But for the cunning political ploy of Rumons, we would have been with our brethren across the border. However, it is not too late. Now it is the opportune time for us to undo the historical wrongs. Let me remind you all that we are waging this struggle not only to regain our past glory but also to assert ourselves politically and economically in the present and not to allow our opponents in future also to resurface and dominate us. Thus, I appeal to you all to eliminate all the links that Rumons have with Suvidesh' politics and economy and erase the entire stigma that is inflicted on our motherland with the dominance of Rumons. We are going to meet in our next conference only after our mission is accomplished, that is, only when we make our land free in all senses from our enemies''.

Two days after the conference, on 3 January 2007, leaflets were circulated all over Suvidesh maligning Rumons, advising parents of Delphon community not to allow their children mingle with Rumon children and called on the Delphon people to prepare for the final blow to their opponents shortly. The leaflets also hailed the leadership of General Butcher. Posters were also pasted at public places with caricatures depicting a group of people with swords and axes chasing other group consisting also of women and children. The leaflets and posters were issued in the name of Suvidesh Nationalist Youth, which claimed to be the youth wing of the SNA.

On 5 January 2007, while talking to the media people at an undisclosed location, General Butcher said that SNA organisational structure did not contain any official youth wing. However, he appreciated the response of the Delphon people for the cause of liberating Suvidesh. When asked about leaflets and posters, he said ''anger of the Delphon people is being expressed in different forms. Therefore, everybody should understand the spirit behind these activities''.

On the night of 7 January 2007 there were reports that Delphon youth went around the localities where Rumons lived carrying weapons and shouting slogans warning Rumons to flee from Suvidesh or face consequences. This continued for the next day (8 January 2007) also. However, the situation was different on the 8 January 2007 night as the Delphon youth started targeting Rumons with weapons. They took care not to allow media persons to reach the places of violence. By then many Rumon men fled fearing attacks. The next morning (9 January 2007) media reported along with interviews of victims that Delphon youths killed as many men as they could catch and physically attacked unarmed women and children. It was estimated that more than 1000 Rumons died across Suvidesh.

On 15 January 2007, the Government of Suburbia sent its armed forced to quell the rebellion with General Crooks as the commander of its forces. General Crooks unleashed a reign of terror in Suvidesh. With a view to quelling the rebellion, the forces went on searching every possible hide out including houses and entered into religious places where people belonging to other faith are not allowed. Many people belonging to the Delphon ethnicity, never identified themselves with the SNA, but justified at various fora the legitimacy of the demand for independent Suvidesh, were reported missing after the search by the General Crooks' forces.

Unable to contain the counter insurgency operations of the Government of Suburbia, on 20 January 2007, General Butcher asked the Government of Megrisland to help the rebel forces and the President of Megrisland readily obliged. On 1 February 2007, one battalion of armed forces under the command of Major General Marshall was sent to help the SNA in Suvidesh.

On 10 February 2007, forces led by General Crooks approached Lohari, the biggest town in Suvidesh and went on searching for the supporters of the SNA. Lohari town is known for its rich cultural heritage. A 14^th century religious shrine Gopada is located in the southern end of the city. This shrine is entered in the list of Cultural Property under enhanced Protection under the Second Protocol to the 1954 Convention for the Protection of Cultural Property during Armed Conflict. The Gopada shrine borders on the western side with a lake with a narrow passage between the two to reach the backside of the shrine. The southern and eastern sides are covered by open space equivalent to two football courts, which is surrounded by greenery. The open space is closed completely on the eastern side by a hill, except a narrow passage between the shrine and the hill. the hill on the eastern side also covers some part of the southern side. However, there is a free passage from the open space through the greenery towards the southern end. The way to reach this open space is only through the two narrow passages from both sides of the shrine. This open space is normally used for social gatherings and political meetings. Some local leaders belonging to the political party in power in Suburbia mobilized people at the open space behind the shrine on the same evening (10 February 2007) when forces led by General Crooks entered the town of Lohari. In the huge presence of General Crooks' forces, the leaders appealed to the people not to get carried away by General Butcher and remain united in the situation of crisis. After the meeting people left from the front side of the shrine. As the dusk descended, General Crooks ordered his forces to move out of the open space from the southern side and finish quick dinner away from the shrine. Around 9.00 pm, forces led by Major General Marshall started firing from the front side of the shrine targeting the Suburbian forces. The firing continued almost for two hours. The next day (11 February 2007) there was extensive coverage by the media of the incident, which reported that more than forty percent of the shrine, mainly on the front side was destroyed. Major General Marshall issued a statement saying that their main target was Suburbian forces but not the shrine and found fault with them for hiding behind the shrine.

On 12 February 2007, the Government of Suburbia protested stating that these actions constituted interference in the internal affairs of Suburbia. On 13 February 2007, Megrisland rejected the objection stating that it was forced to send its forces as there was tremendous economic pressure on it due to the influx of refugees from Suburbia to Megrisland. Megrisland said that in spite of repeated appeals by it to the state of Suburbia to take measures to stop the ongoing conflict situation in Suvidesh, the government of Suburbia has not been able to do so. In fact, Megrisland noted, Suburbia even denied the existence of any conflict situation in Suvidesh.

At this juncture, on 15 February 2007, General Butcher, having managed to capture a large part of the land in Suvidesh, declared that part independent, called it New Suvidesh and hoisted its own national flag. On 18 February 2007, Megrisland recognized New Suvidesh. The Government of Suburbia sensing the urgency, on 20 February 2007, launched a grand incursion across the border into Megrisland in pursuit of some separatist Suvidesh rebels belonging to General Butcher’s contingent. This escalated the conflict in New Suvidesh.

There was then, beginning on 25 February 2007, fierce fighting in New Suvidesh between the forces of Government of Suburbia on the one hand led by General Crooks and the members of SNA and the armed forces of Megrisland led by General Butcher and Major General Marshall respectively, on the other. There were allegations and counter-allegations of causing unnecessary suffering to civilians, destroying places of religious worship etc. There was cross-firing across the border between the forces of Suburbia and the forces of Megrisland led by Major General Marshal. During this period, on the morning of 14 March 2007, people living on the border in Suburbia found flames high into the sky from the oil wells on the Suburbian side. By afternoon, it was reported by the electronic media that large number of people living in near by villages were also killed in the previous night shelling. On the same evening (14 March 2007), the Minister of Oil Resources of Suburbia issued a statement blaming the forces of Megrisland for deliberately targeting and shelling on oil fields, which caught fire. He further stated that forces led by Major General Marshall were well aware of the location of these oil fields. Major General Marshall replied that there was an unprovoked firing from Suburbian forces, against which they retaliated. However, he did not refute the allegation that they knew the location of oil fields. The fire continued for several days before they were put out by expert fire fighters engaged with the help of Organization of Petroleum Exporting Countries (OPEC) and the United Nations Environment Programme (UNEP). Environmental experts from Greenpeace and other non-governmental organizations came out with preliminary reports predicting the long-term impact of the fire on the environment in the area covering both Suburbia and Megrisland. Several experts in their interviews to the media expressed similar concerns. UNEP has constituted a committee of experts to go into the incident. Though the report of the committee is yet to be released, the committee members in their interviews to the media during the investigation expressed similar concerns.

International media has extensively reported the volatile situation in the conflict area. Several human rights organizations have also brought out reports of human rights violations and the utter disrespect shown by the parties to the conflict towards their humanitarian law obligations. Meanwhile, two days after the oil wells fire (16 March 2007), a makeshift military base of the Suburbian forces in Suvidesh, at a location near the Megrisland border, caught fire at night resulting in the heavy explosion due to ammunitions. As the private media was not allowed to the location due to security reasons, official Suburbian radio was the only source of information, which initially reported that eight soldiers were killed in the fire. However, a day after, the Minister of Defence of Suburbia informed in a press meet that along with 78 soldiers Gen.Crooks was also killed in the fire. The minister also announced the name of the new General, Gen. Williams who would lead the Suburbian forces.

Keeping in view the impact of the situation on the maintenance of international peace and security, the United Nations Security Council, on 24 March 2007, passed a resolution under Chapter VI of the UN Charter urging both Suburbia and Megrisland to settle the dispute through peaceful means.

Nothing came out of the above resolution and the situation further deteriorated. Sensing

the strategic importance of the region and the need to put a stop to the hostilities, an emergency meeting of the Security Council was convened. The Security Council having determined that the crisis in Suburbia was assuming alarming proportions and was a real threat to international peace and security resolved to send UN-hatted forces into Suburbia invoking its powers under Chapter VII of the U.N. Charter. The forces were given the mandate to restore peace and security through “any means necessary” (Resolution ABC of 1 April 2007). There was further escalation in the intensity of the conflict. The U.N. Security Council was again convened and at an emergency meeting a Resolution was passed (Resolution DEF of 3 July 2007) where all the parties were called upon to put an end the hostilities immediately. The parties relented at the ultimatum and put an end to the hostilities.

The Security Council ordered that the Parties accept the jurisdiction of the ICC Statute, but added that an additional crime of any violation of the 1949 Geneva Conventions and the 1977 Additional Protocols (to which both States are parties) would be added to the crimes which it was to investigate. The Parties, the defendants and the ICC have all accepted this enlarged mandate.

For the purpose of present case, the ICC prosecutor has framed charges against General Butcher and Major General Marshall as follows:

1. General Butcher for the incidents in 2006 up to 8 January 2007, under ICC Statute.

2. Major General Marshall, for damage to cultural property for the incidents of 10 February 2007and crimes related to the environment for the incidents of 13 to 15 March, under the ICC and under the Geneva Conventions and the Additional Protocols.

Counsel for the prosecution shall prepare the brief based on the given facts, with specific charges against the each accused. The counsel for the accused shall prepare the brief against each charge made by the prosecution.

The following points are to be noted:

-The facts are neither disputable nor can they be changed.

-The issues of jurisdiction, evidence and procedure need not be raised.

From case position presentation referred. Following is Humanitarian Law and Brief knowledge and brief discussion hit case is referred .

International Humanitarian Law: An Introduction

International humanitarian law (also known as the law of war or law of armed conflict), is part of international law, the body of rules governing relations between States. International humanitarian law (IHL) originates in a desire to regulate the behaviour of States engaged in armed conflict. IHL grew out of the battlefield, and attempts to strike a balance between military necessity and humanitarian concerns.

Distinction between Jus in bello (IHL) and Jus ad bellum

Jus in bello (latin expression meaning “law in war”) is another synonym for IHL. Literally translated as law in war, it is often opposed to Jus ad bellum. Jus ad bellum is the law prohibiting the resort to the use of force and is essentially constituted by the rules laid down by the United Nations Charter. Jus in bello is independent from Jus ad bellum: the applicability of IHL to armed conflicts is not affected by the legality of the resort to force or the reasons a party may have for going to war. IHL is intended to protect war victims, no matter to which party they belong and whether or not the cause upheld by either party is just or legal. Therefore, protected persons pursuant to IHL remain protected even if they belong to a party that has violated Jus ad bellum by violating the prohibition to resort to the use of force. Similarly, the party that violates Jus ad bellum remains bound by the rules of IHL.

Development of IHL

IHL is a set of rules, which seeks, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or who are no longer participating in hostilities, and restricts the means and methods of warfare. The development of IHL in modern treaty form started with the adoption of the First Geneva Convention of 1864, and developed and expanded over a period of time. The present corpus of IHL contains two sets of rules: one set protects the 'victims' (wounded and sick, prisoners of war and civilians) of the armed conflict, and the other regulates the means and methods of armed conflict. The core of IHL is contained in the four Geneva Conventions that were adopted in 1949 which primarily provide protection for the victims of armed conflict. These four Conventions were supplemented by three Additional Protocols: two adopted in 1977 and one in 2005. In addition to these, there are several other treaties which regulate or prohibit certain categories of weapons, as well as other instruments including the 2000 Child Soldiers Protocol, the 1954 Hague Cultural Property Convention, and the 1976 Environmental Modification Techniques Convention.

Human rights law is also applicable in times of armed conflict; however, some of its rules may be suspended in times of emergency, for example, under Article 4 of the International Covenant on Civil and Political Rights (ICCPR). Human rights obligations are primarily the responsibility of States, while IHL binds all parties to an armed conflict, including armed groups that do not form part of the armed forces of a State, such as rebel groups in a situation of non-international armed conflict.

The post-1945 developments predominated by the evolution of the International Human Rights Law (IHRL), particularly International Covenants, Torture Convention and Rights of the Child Convention and Protocols, besides of course the Genocide Convention 1948. The shortcomings of the 1949 Geneva Conventions (as revealed by the national liberation wars, Vietnam War, post-1945 civil wars) came to be addressed in the 1977 Geneva Protocol I (on international armed conflicts) and Protocol II (armed conflicts not of an international character). The Protocols in fact stand at the confluence of both the Geneva and the Hague Law on the one hand, and IHL and IHRL on the other.

The development of international customary law whether based on these instruments or outside them has been equally impressive. This has been highlighted by the ICRC study on customary IHL as well as by the ICJ jurisprudence (Corfu Channel case, Genocide Convention advisory opinion, Nicaragua case, Nuclear Weapons advisory opinion and Bosnia-Herzegovina v. Serbia-Montenigro case) and indeed, the jurisprudence of the Yugoslavia and Rwanda Ad Hoc Tribunals.

Evidently, all these developments have had a demonstrable impact on the definitions/descriptions of IHL-related crimes embodied in the ICC Rome Statute

Enforcement of IHL

At the concluding stages of the Second World War, it was decided by the Allied powers to hold an international military trial of major war criminals and thus the trials were held at Nuremberg and Tokyo by two International Military War Crimes Tribunals. The major contribution of these tribunals was two-fold. One was the emergence of the concept of international crimes based on the grave violations of IHL and International Human Rights Law. The Nuremberg-Tokyo tribunals tried three categories of such international crimes – crimes against peace (preparation and perpetration of a war of aggression), crimes against humanity (mostly crimes against civilian population, not covered by the 1929 Conventions, genocide and grave violations of human person), war crimes (violations of laws and customs of war, or what was traditional IHL that gave protection to the sick and wounded in war and prisoners of war). The other contribution of the Nuremberg-Tokyo trials was the push they gave for the idea of a permanent international criminal tribunal, which finally materialised after the adoption of the Rome Statute of an International Criminal Court in 1998, and the Court is now functional.

The Moot Problem

The Moot problem is set in the context of a conflict, which started as non-international in nature and attained international character with the entry of Megrisland forces into action. Prosecution charges against the accused fall under one or more of the crimes mentioned in the ICC Statute.

Synopsis

This year's compromis is a case which concerns an armed struggle by a rebel group for self-determination in a territory of a state known as SUBURBIA which subsequently becomes an international armed conflict with the involvement of Suburbia's neighbouring state known as MEGRISLAND.

The background and the main issues of the Case

- There are two neighbouring states, Suburbia and Megrisland which is rich in oil resources as well as ethnically and culturally diverse.

- 83% of the population in Suburbia consists of Rumon ethnicity whilst 11% consists of Delphon ethnicity and the remaining 6% consists of other minority ethnic groups.

- 86% of the population in Megrisland consists of Delphon ethnicity whereas 9% consists of Rumon ethnicity.

- SUVIDESH is a province situated in Suburbia bordering with Megrisland. 92% of the Delphon community in Suburbia lives in Suvidesh who feel more attached to the people of Megrisland. There is resentment among the Delphon community in Suvidesh due to discrimination, neglect, alienation and the high rate of unemployment although vast oil resources are located in Suvidesh.

- General Butcher established the Suvidesh Nationalist Alliance (SNA) whose objective was to liberate Suvidesh from Suburbia.

- General Butcher provided military training to youths who joined the SNA and subsequently started an insurgency in Suvidesh in October 2006.

- Media reports that Delphon youths armed with weapons killing Rumon men and attacking unarmed Rumon women and children in Suvidesh. More than 1,000 Rumons in Suvidesh died.

- Forces under General Crooks was sent to quell the rebellion in Suvidesh. It was reported that many Delphons were missing.

- The government of Megrisland agreed to help General Butcher and the SNA in Suvidesh by sending its armed forces under the command of Major General Marshall.

- The damage caused to the GOPADA, a 14^th century religious shrine located in the town of Lohari in Suvidesh as a result of the fighting between the armed forces of Suburbia under General Crooks and the members of the SNA under General Butcher together with the armed forces of Megrisland under Major General Marshall.

- The allegations regarding the deliberate targeting and shelling of the oil fields in the border of Suburbia by Major General Marshall's forces and its long term environmental impact

- The UN Security Council passes three separate resolutions to urge both Suburbia and Megrisland to settle their dispute peacefully and to put an end to the hostilities and also to send a UN force to restore peace and security in Suburbia. Suburbia and Megrisland subsequently agreed to put an end to the hostilities.

Timeline

Early 2006: General Butcher established the Suvidesh Nationalist Alliance (SNA) whose objective was to liberate Suvidesh from Suburbia.

August 2006: General Butcher started imparting military training including guerrilla warfare techniques to a number of youths who joined the SNA.

September 2006: The Government of Suburbia is aware of SNA's activities and imposed restrictions on their activities. Some members of the SNA were arrested and several charges were framed against them.

October 2006: General Butcher with the support of 1,500 SNA members started insurgency operations in Suvidesh.

1 January 2007: SNA convened a conference for its cadres and proclaimed General Butcher as SNA's leader whose manifesto explained how historically Delphons have been exploited in Suvidesh.

3 January 2007: Leaflets and posters were circulated by the Suvidesh Nationalist Youth (youth wing of SNA) all over Suvidesh targeted at the Rumons, advising parents of Delphon community not to allow their children to mingle with Rumon children and called upon the Delphon people to prepare for the final blow to their opponents.

5 January 2007: General Butcher told the media that SNA organisational structure did not contain any official youth wing. He also appreciated the response of the Delphon people for the cause of liberating Suvidesh.

7 January 2007: It was reported that Delphon youths armed with weapons went around the localities where Rumons lived and shouted slogans warning Rumons to flee from Suvidesh or face consequences. This continued until the next day.

8 January 2007: Delphon youths started targeting Rumons with weapons.

9 January 2007: According to media reports and interviews with victims, Delphon youths killed many men and physically attacked unarmed women and children. More than 1,000 Rumons died across Suvidesh.

15 January 2007: The Government of Suburbia sent its armed forces under the command of General Crooks to quell the rebellion in Suvidesh. Many people from the Delphon ethnicity were reported missing.

20 January 2007: General Butcher asked the Government of Megrisland to help the SNA in Suvidesh. The President of Megrisland agreed to help General Butcher.

1 February 2007: One battalion of the armed forces under the command of Major General Marshall was sent to help the SNA in Suvidesh.

10 February 2007 (evening): General Crook's forces entered the town of Lohari in Suvidesh to search for the supporters of SNA. Lohari is where the GOPADA, a 14^th century religious shrine is located which is a cultural property according to the Second Protocol of the 1954 Convention for the Protection of Cultural Property during Armed Conflict.

10 February 2007 (9 pm): Major General Marshall's forces started firing from the front side of the shrine targeting the Suburbian forces for almost two hours.

11 February 2007: The media reported that more than forty percent of the shrine on the front side was destroyed. Major General Marshall issued a statement saying that their main target was the Suburbian forces, not the shrine.

12 February 2007: The Government of Suburbia protested stating that these actions constituted an interference in the internal affairs of Suburbia.

13 February 2007: Megrisland said that it was forced to send its forces due to the influx of refugees from Suburbia to Megrisland. Megrisland's repeated appeals to the state of Suburbia to take measures to stop the ongoing conflict in Suvidesh also failed.

15 February 2007: General Butcher captured a large part of the land in Suvidesh, declared that part independent and called it New Suvidesh.

18 February 2007: Megrisland recognized New Suvidesh.

20 February 2007: The Government of Suburbia launched a grand incursion across the border into Megrisland to pursue some separatist Suvidesh rebels under General Butcher’s command. This escalated the conflict in New Suvidesh.

25 February 2007: Fierce fighting occured in New Suvidesh between the Government of Suburbia's forces led by General Crooks and the members of the SNA together with the armed forces of Megrisland led by General Butcher and Major General Marshall respectively.

14 March 2007 (morning): People living on the border in Suburbia discovered flames from the oil wells on the Suburbian side. It was reported that a large number of people living in near by villages were also killed in the previous night shelling.

14 March 2007 (evening): The Minister of Oil Resources of Suburbia issued a statement blaming the forces of Megrisland for deliberately targeting and shelling on oil fields, which caught fire.

16 March 2007: A makeshift military base of the Suburbian forces in Suvidesh near the Megrisland border caught fire at night resulting in a heavy explosion due to ammunitions.

17 March 2007: The Minister of Defence of Suburbia announced that General Crooks along with 78 soldiers was killed in the fire and the new General Williams would lead the Suburbian forces.

24 March 2007: The U. N. Security Council passed a resolution under Chapter VI of the UN Charter urging both Suburbia and Megrisland to settle the dispute through peaceful means.

1 April 2007: The U. N. Security Council passed Resolution ABC on 1 April 2007 to send UN-hatted forces into Suburbia with the mandate to restore peace and security through “any means necessary”.

3 July 2007: The U.N. Security Council passed Resolution DEF on 3 July 2007 to call upon all the parties to put an end to the hostilities immediately. The parties relented and put an end to the hostilities.

The legal issues in the case

The prosecutor of the International Criminal Court (ICC) has framed charges against both General Butcher and Major General Marshall as follows:

(1) The charges against General Butcher for the incidents in 2006 up to 8 January 2007 under ICC Statute

- The applicable law in relation to the charges against General Butcher are as follows:

- Genocide (Article 6 of the ICC Statute - there must be intent to destroy, in whole or in part, a national, ethnical, racial or religious group)

- Crimes against humanity (Article 7 of the ICC Statute – refers to acts committed as part of a widespread or systematic attack which is directed against any civilian population. Examples include murder, extermination, torture, rape, sexual slavery or any form of sexual violence)

- War crimes (Article 8 of the ICC Statute - includes any grave breaches of the Geneva Convention 1949 and other serious violations of the law and customs of war in relation to international armed conflict)

- The possible issue of crime of aggression - the ICC shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with Articles 121 and 123 of the ICC Statute defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime.

- The possible issue regarding command responsibility of General Butcher for the killing of Rumon men and women in Suvidesh by Delphon youths who maybe SNA members (Article 28 of the ICC Statute)

(2) The charges against Major General Marshall for damage to cultural property for the incidents of 10 February 2007 and crimes related to the environment for the incidents of 13 to 15 March, under the ICC Statute, Geneva Conventions 1949 and its Additional Protocols (1977)

- The applicable laws in relation to the charges against Major General Marshall are as follows:

(a) Damage to the GOPADA, a religious shrine in Suvidesh under the following provisions of law:

- Article 8(2)(b)(ix) of the ICC Statute for war crimes

- Additional Protocol I (1977) of the Geneva Conventions - Articles 52 and 53

- The possible issue of precautions in attack under Article 57 of Additional Protocol I (1977) to either avoid or minimize damage to the GOPADA religious shrine as a civilian object

- The relevant provisions under the 1954 Hague Convention for the Protection of Cultural Property during Armed Conflict and its two Protocols

- The 1972 UNESCO Convention on Protection of Natural and Cultural Heritage

- The possible issue regarding command responsibility of Major General Marshall in relation to the damage to the religious shrine by his forces (Article 28 of the ICC Statute)

(b) The deliberate targeting and shelling of the oil fields in the border of Suburbia by the forces under Major General Marshall which caused a fire and the long term impact of oil field fires to the environment under the following provisions of law:

- Article 8(2)(b)(iv) of the ICC Statute for war crimes

- Article 55 of Additional Protocol I (1977) of the Geneva Conventions in relation to the protection of the natural environment

- The possible issue of whether the oil fields are a legitimate military object or not according to the principle of distinction under Article 48 and Article 52 of Additional Protocol I (1977)

- The possible issue regarding command responsibility of Major General Marshall in relation to the deliberate targeting and shelling of the oil fields by his forces (Article 28 of the ICC Statute)

Applicable Law

The crimes with respect to which the ICC has jurisdiction under Article 5 of the Statute are-

1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:

(a) The crime of genocide;

(b) Crimes against humanity;

(c) War crimes;

(d) The crime of aggression.

2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.

See also “Elements of Crimes” adopted under Article 9.

The sources of the applicable law that the Court may look for, as prescribed by Article 21 are:-

1. The Court shall apply:

(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;

(b) In the second place, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict;

(c) Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards.

2. The Court may apply principles and rules of law as interpreted in its previous decisions.

3. The application and interpretation of law pursuant to this article must be consistent with internationally recognized human rights, and be without any adverse distinction founded on grounds such as gender as defined in article 7, paragraph 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.

Therefore, the applicable law under this provision may extend to the Geneva Conventions 1949, Geneva Protocols 1977, The Hague Convention on Cultural Property 1954 and its two Protocols, UNESCO Convention on Protection of Natural and Cultural Heritage 1972, IHRL treaties, ICRC Study on Customary IHL, jurisprudence of international military tribunals, adhoc tribunals and International Court of Justice.

The Winner of this Competition is:

For the Best Memorial and Oralist : Faculty of Law University of Indonesia

During my resume competition. Thank u.