GROUP 6

Febeh Marikit
Monica Ngujo
Gerica Rodriguez
Henry Seno

CASE CONCERNING LIBERTARIA

THE PROSECUTOR
VS
JOSEPH RABUKO, ET AL.

MEMORIAL FOR APPLICANT

June 18, 2019

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 6A

CASE CONCERNING LIBERTARIA

THE PROSECUTOR
VS
JOSEPH RABUKO, ET AL.

June 18, 2019

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 TABLE OF CONTENTS

Description Page No.

Statement of Facts

Background 1

Arantic Imperial Territory’s Division into Administrative Districts 1

Effect of Economic Progress on the Three Countries 2

Rise of Tension between the Prime Minister and the President 2

Involvement of the Libertarian Liberation Front Terrorist Group 3

Ambush of the Prime Minister which Triggered the War 3

Brutalities, Killings, and Violence by the Pro-Tsombe Arantics and LLF 4

Pro-Rabuko Naasthist’s Resolve to Brutal Suppression of Rebels 4

Report to the United Nations 6

Statement of Jurisdiction 7

Issues Presented 8

Summary of Arguments 8

Arguments/Pleadings 9

Prayers for Relief 12

INDEX OF AUTHORITIES

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Description Page No.
Cases
Kayishema and Ruzindana, (Trial Chamber),

May 21, 1999, para. 93, 527 8

Prosecutor vs Akayesu Para.555 9

Prosecutor vs Akayesu,Para.580 10

Prosecutor v Bagilishema, Case No. ICTR-95-1A-T,

Trial Chamber, June 7, 2001, para. 38 10

Prosecutor v. Blaskic, Case No. ICTY-IT-95-14-T, para. 788 9

Prosecutor v. Delalic (Judgment), Case No. ICTY-IT-96-21-T,

Trial Chamber, 1998, para. 346 10

Prosecutor v. Halilovic, Case No. IT-01-48-T, Trial Chamber,

November 16, 2005, para. 36 10

Prosecutor v. Krnojelac (Judgment), Case No. ICTY-IT-97-25-T,

Trial Chamber, 2002, para. 95 10

Prosecutor v. Krstic(Judgment),No.IT-98-33-T(‘Krstic’) Para.542 8

Prosecutor vs. Strugar, Paragraph 225 11

Description Page No.

Statutes
Article 6 par. (a) of Rome statute 9

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 Article 7, 1(b) Rome Statute of the International Criminal Court (1998) 9
Article 8(2)(b)(ix) Rome Statute of the International
Criminal Court (1998) 11
Article 8(2)(b)(xviii) Rome Statute of the International
Criminal Court (1998) 12

Other Authorities
Official Records of the Review Conference of the
Rome Statute of the International
Criminal Court, Kampala, 31 May -11
June 2010 (International Criminal Court
publication, RC/11), part II 12

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STATEMENT OF FACTS

Background
On the continent of Astoria, Libertaria and Karatanga are two neighbouring independent
states, both situated on the coast of the Sea of Thethys. Libertaria lies to the north of Karatanga.
Their common eastern neighbour is Mirambique, separated by a long chain of Aravali Hills. The
area is inhabited by a number of major and minor tribes each of which has its own dialect. The
tribes along the Mazon river that flows through Libertaria and Karatanga and serves as border
between Karatanga and Mirambique, were all Karmiks, followers of the Karmik religion. They
cremate their dead and keep the ashes in mud pots buried behind the Rha temples.
Arantic traders came sometime in the 16th century from the nearby Gondvanian continent
in search of spices and engaged in trade with the Karmik tribes mainly along the banks of the
Mazon and the coasts of Libertaria and Karatanga. Most of these tribes were converted to the
Arantic religion that believes in a formless god, and permits prayers in the respective tribal
languages and burial of the dead in a separately designated burial ground part of which would also
serve as a community prayer hall in each village. The burial grounds and the prayer halls (together
known as Muktidhams) are deemed sacred places. The mountain tribes in all the three countries
follow some form of animistic rituals each tribe differing from the other, but the religion is
commonly known as Naasthism. They worship their ancesters in village temples which are
magnificent works of the traditional Swahelian art. They claim to be direct descendants of a great
ancient civilisation and an empire known as the Swahelian that had ruled nearly the entire continent
for over seven hundred years before Christ.

Arantic Imperial Territory’s Division into Administrative Districts

After the fall of this empire, in 12 AD, there were incessant wars between some of the
dominant tribes to establish supremacy. The Naasthists were the most powerful tribe in the central
Astoria. The Arantic sovereignty was firmly established in central Astoria. The Arantic imperial
administration quickly divided the territory under its control into three administrative districts,
identical with what are present Libertaria, Karatanga and Mirambique. The district boundaries
were drawn rather arbitrarily, for administrative convenience, often in total disregard for the
principle of integrity of a tribe and as a result many tribes got divided.

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 The imperial administration found ready support from many of the Naasthist tribes of
Mirambique due to their traditional rivalries with the tribes of Libertaria and Karatanga. The
Naasthists had not forgotten the role played by these tribes (particularly those of Libertaria now
converted to Arantic religion), in the downfall of the Swahelian Empire.
After the Second World War, the Astorian continent too was swept by the waves of
nationalism. Finally on 15 August 2001, the Arantic Empire in central Astoria broke into three
independent countries.

Effect of Economic Progress on the Three Countries

East Rand Central Gold Mining Company is a Eurasian minerals multinational company
headquartered in Eurasia, a prosperous country neighbouring Arantia in Gondvania. It has been
operating since 1901 in many parts of Mirambique and the eastern borders of Libertaria and
Karatanga.
The Naasthist highland tribes have been the natural beneficiaries of the operations of the
company (whose Social Democrats predominantly of Karmiks), yet the elections produced stable
governments because the governments practiced secularism and social toleration.
In Karatanga, in spite of the three religious parties, there could be no stable government,
until in 2014 the army stepped in and decided that one-third of members of Parliament should be
nominees of the army and the rest to be elected by open elections, and that the Prime Minister
should also be an army nominee.
Three successive elections produced volatile coalition governments in Mirambique, and
finally the army took over the governance in March 2016, and it appointed a 20-member
Revolutionary Council headed by the Chief of the Army.

Rise of Tension between the Prime Minister and President

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

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

Involvement of the Libertarian Liberation Front Terrorist Group

The situation in Libertaria slowly began deteriorating into a civil war between the pro-
Tshombe Arantics mostly living on the eastern and western banks of the Mazon and the pro-
Rabuko Naasthists. General Noa Tendon, the Prime Minister of Karatanga, himself a hardcore
Naasthist, decided to help President Rabuko’s supporters by slipping through the porous borders,
arms and ammunitions and plenty of Karatangan troops in civilian clothes as volunteers.
This was well appreciated by General Rambo Chicanooga, the Chairman of the
Mirambique Revolutionary Council, who has actively been promoting the training, arming and
equipping of a Libertarian Naasthist terrorist group Libertarian Liberation Front (LLF) in guerrilla
warfare through a number of camps dotted all along the border with Libertaria. LLF has been
regularly striking at Arantic strongholds in Liberteria.
However, LLF operations in Libertaria were outside any control from the Mirambique
government. Both its chief Col. Sano NBonga as well as the Mirambique government ensured this.

Ambush of the Prime Minister which Triggered the War

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

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2016 authorized him “to take whatever action necessary to quell the fighting and as far as possible
to eliminate the pro-Tshombe militancy.”
Manos Tshombe, the former Libertarian Minister of the Interior and a brother of the late
Prime Minister Roger Tshombe, took over the leadership of the pro-Tshombe rebels. Determined
to teach the President a lesson and send a stern warning of terror to Rabuko supporters from both
inside and outside the country.

Brutalities, Killings, and Violence by the Pro-Tsombe Arantics and the LLF
Manos Tshombe led a dedicated group of fighters, laid a surprise siege to the President’s
Longo tribe living in a cluster of six villages in Longos in the central Libertaria, with the help of
the surrounding Arantic tribes, and massacred the entire Longo tribe. The Astoria Sun of 26 June
2006 reported as follows- “Manos Tshombe’s armed men attacked several times the local
population in the six Naasthist villages, often raping and pillaging like maniacs. Those who
resisted were branded Rabuko supporters and faced detention or death. The Tshombe men accused
the villagers of collaborating with the President, they returned again and again to the villages at
night and extract revenge. Sometimes they marched the villagers into the bush to work as human
mules, starving them to death.
At the end of two weeks of the siege, only ten of the 9000 villagers were found alive in these
villages, perhaps because they were Arantics. The deathly stink emanated from the badly mutilated
human bodies strewn around. The marauders did not even spare the ancient Naasthist temples
that were UNESCO protected monuments."
Pro-Rabuko Naasthist’s Resolve to Brutal Suppression of Rebels
This incident in fact further strengthened the resolve of the Libertarian national army
dominated by pro-Rabuko Naasthist factions to suppress the rebels by whatever means possible.
The Naasthist tradition sanctioned the rule of an-eye-for-an-eye, if peaceful measures failed to
secure justice.
The traditional measure of justice demanded payment of 20 cattle heads for each loss of
human life. General Kanube demanded of the Pro-Tshombe tribes’ adequate payment of
compensation to settle the issue within 36 hours. Manos Tshombe ridiculed the proposal.
On 30 June, a Rapid Action Force (RAF) from General Kanube’s army led by Lt. General
Jacob Smith and his five trusted partners of International Security Inc., a private security firm in

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Eurasia (all of them had contracts with the Libertarian army to train the RAF) mounted an attack
on nine Arantic villages of the Zimbaloon region, the birthplace of the late Roger Tshombe.
The attack force was also participated by the ‘volunteers’ from Karatanga and the terrorists
trained by Mirambique training camps. All Arantic villages in Zimbaloon were decimated by
carpet bombing with a RAF. This included the Redfort, a 14th century Swahelian fort made of red
stone with exquisite Greco-Arantic art tastefully carved in, and a number of schools. The entire
forests were destroyed forever by the use of Agent Orange. The attack force staged more than a
reverse repeat of the Longos. “Revenge” was the war cry!
Subsequently, however, General Kanube clarified that his forces never meant to destroy
the Redfort, schools and forests, and that it happened because of a technical flaw in the bomb
release mechanism in the bomber. The attack on Zimbaloon triggered afull scale anti-Arantic
witch-hunting throughout the country.
Lt. General Jacob Smith led from the front. He instructed his subordinates: “I do not want
any Arantic prisoners of war. I will be happier if no Arantic stays alive.” This statement was
circulated among the non-Arantic rank and file of the army. It was discovered that Manos Tshombe
along with 220 of his followers was hiding in a cave in his native village in Zimbaloon. A battalion
of RAF led by Col. Ramsey McGibbon, a partner in International Security Inc. killed them all by
using a poison gas.
The Astoria Times of 26 November 2016 published a report released by the Amnesty
International which stated: “Almost five months of fighting has killed half a million in Libertaria.
Many of the dead are Arantic children. The LLF kidnaps Arantic and non-Arantic children between
9 and 14 years of age and forces them to join its ranks. And so, incredibly, children are not only
the main victims of this war, but also its unwilling perpetrators.
Many Arantic girls had been given to RAF commanders as "wives" and forced to cohabit
with them so that they would bear Naasthist children. The boys said they had been forced to walk
for days like human mules carrying military supplies through inaccessible jungles from one village
to another, always aware that they would be killed if they showed any weakness or hesitation.
In some cases, Arantic children are forced even to mutilate and murder their family
members. Every night up to 10,000 children walk into the nearest Arantic night shelters, because
they are not safe in their own beds. More than 25,000 children have been kidnapped by the
Libertarian army alone and an average of 20 children has been abducted every week. On a rough

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estimate some 125,000 Arantic tribesmen, men and women of all ages including children have lost
their lives in the five months of fighting. Some 10,000 Muktidhams were devastated and
desecrated”
These innocent lives were affected and killed during the brutality of the steps taken by the
Pro-Rabuko Naasthist factions to suppress the hostilities caused by the Pro-Tsombe, and the LLF.

Report to the United Nations

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

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

ISSUES PRESENTED

1. Whether or not President Joseph Rabuko, General Patton Kanube, Col. Ramsey McGibbon,
Lt. General Jacob Smith, and Col. Sano NBonga are liable for the crime of genocide.

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 2. Whether or not President Joseph Rabuko, General Patton Kanube, Col. Ramsey McGibbon,
Lt. General Jacob Smith, and Col. Sano NBonga liable for the crime against humanity of
extermination.

3. Whether or not Lt. General Jacob Smith is liable for direct and public incitement to commit
genocide.

4. Whether or not President Joseph Rabuko and General Patton Kanube are criminally liable
of command responsibility for crimes against humanity.

5. Whether or not PLt. General Jacob smith and Col. Sano Nbonga are liable for crime of
genocide, crimes against humanity and war crimes under superior responsibility for five-
month atrocities in Libertaria.

SUMMARY OF ARGUMENTS

1) President Joseph Rabuko, General Patton Kanube, Col. Ramsey McGibbon, Lt. General
Jacob Smith, and Col. Sano NBonga are liable for the crime of genocide since the actus
reus and mens rea are met.

2) President Joseph Rabuko, General Patton Kanube, Col. Ramsey McGibbon, Lt. General
Jacob Smith, and Col. Sano NBonga are liable for a crime against humanity of
extermination since the attack is widespread and systematic. Commented [1]: Febeh's part

3) Lt. General Jacob Smith is liable for direct and public incitement to commit genocide.

4) President Joseph Rabuko and General Patton Kanube are criminally liable of command
responsibility for crimes against humanity.

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 5) Lt. General Jacob smith and Col. Sano Nbonga are liable for crime of genocide, crimes
against humanity and war crimes under superior responsibility for five-month atrocities
in Libertaria.

ARGUMENTS/PLEADINGS

1.) President Rabuko, General Kanube, Col. McGibbon, Lt. General Smith, and Col.
NBonga, are liable for the crime of genocide.

Under Article 30 of the Statute, mental element is material in the determination of criminal
liability, stating that; unless otherwise provided, a person shall be criminally responsible and liable
for punishment for a crime within the jurisdiction of the Court only if the material elements are
committed with “intent and knowledge”. It further defined a person who has intent and knowledge,
to wit: (a) In relation to conduct, that person means to engage in the conduct; (b) In relation to
a consequence, that person means to cause that consequence or is aware that it will occur in the
ordinary course of events. And "knowledge" means awareness that a circumstance exists or a
consequence will occur in the ordinary course of events. "Know" and "knowingly" shall be construed
accordingly.
The crime of genocide requires the mens rea of the offence, which is described as the intent
to destroy, in whole or in part, a national, ethnical, racial or religious group, as such; and the actus
reus of the offence, which consists of one or several of the acts enumerated under the Statute.1
The most crucial element is the mens rea which shows the intention of the accused to
commit genocide. Intent can be inferred either from words or deeds and may be demonstrated by

1
Prosecutor v. Krstic(Judgment),No.IT-98-33-T(‘Krstic’) Para.542

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a pattern of purposeful action. 2When they purposely mounted an attack on nine Arantic villages
of the Zimbaloon region, the birthplace of the late Roger Tshombe and when Lt. General Jacob
Smith instructed his subordinates: “I do not want any Arantic prisoners of war. I will be happier if
no Arantic stays alive,” shows genocidal intent.
President Rabuko is liable for the crime of genocide since he directly or publicly incites
others to commit any crimes. Incitement is defined as encouraging or persuading another to
commit an offence.3
Hence employing different methods of killing members of an ethnical group4 constituted
the actus reus, and the intent to kill Arantics which is a racial and ethnical group shows the element
of mens rea, makes them liable for the crime of Genocide.

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

Under Article 7 of the Statute, it clearly provides that extermination is included as one of the
crimes against humanity, committed as part of a widespread or systematic attack directed against
any civilian population, with knowledge of the attack.5 Article 25, 3 (a), adds that in accordance
with this Statute, a person shall be criminally responsible and liable for punishment for a crime
within the jurisdiction of the Court if that person: Commits such a crime, whether as an individual,
jointly with another or through another person, regardless of whether that other person is criminally
responsible.6
General Patton Kanube, being the chief of the Libertarian armed forces, and by an official
decree of 27 March 2016 was authorized “to take whatever action necessary to quell the fighting.
Thus, it can be inferred that Gen. Kanube has in fact control on the behaviour of his troops 7 with

2
Kayishema and Ruzindana, (Trial Chamber), May 21, 1999, para. 93, 527
3
Prosecutor vs Akayesu Para.555
4
Article 6 par. (a) of Rome statute.
5
Article 7, 1(b) Rome Statute of the International Criminal Court (1998)
6
Ibid.
7
Prosecutor v. Blaskic (Judgment), Case No. ICTY-IT-95-14-T, para. 788

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knowledge of military discipline to enforce the norms of IHL. He has a continuing duty and obliged
to supervise his units requiring him to assure his subordinates obey the law. The attack is
systematic as it was organized by a country’s official military.
On the other hand, President Rabuko possessed “effective control‟ over the actions of his
8
units. Other than a superior-subordinate relationship, Rabuko must also take sufficient measures
to avoid or suppress breaches of law,9 because of his superior knowledge of crimes perpetrated or
about to be perpetrated by his subordinates.10
The concept of widespread may be defined as massive, frequent, large scale action, carried
out collectively with considerable seriousness and directed against a multiplicity of victims.11. The
attack is widespread since it involved nine villages and against a multiplicity of victims who were
civilians not taking direct part in the hostilities, resulted to the death and casualties of civilians.12

3.) Lt. General Jacob Smith is criminally liable for direct and public incitement to commit
genocide.

The Draft Convention for the Prevention and Punishment of Genocide, prepared by the
UN Secretariat,13 criminalized ‘‘direct public incitement to any act of genocide, whether the
incitement be successful or not’’. Moreover, genocide clearly falls within the category of crimes
so serious that direct and public incitement to commit such a crime must be punished as such, even
where such incitement failed to produce the result expected by the perpetrator.14
The act of Lt. General Jacob Smith is direct and public incitement to commit genocide.
Incitement is defined as encouraging or persuading another to commit an offence.15 The “direct”

8
Prosecutor v Bagilishema, Case No. ICTR-95-1A-T, Trial Chamber, June 7, 2001, para. 38.
9
Prosecutor v. Krnojelac (Judgment), Case No. ICTY-IT-97-25-T, Trial Chamber, 2002, para. 95
10
Prosecutor v. Delalic (Judgment), Case No. ICTY-IT-96-21-T, Trial Chamber, 1998, para. 346.
11
Prosecutor v. Akayesu, para. 580
12
Prosecutor v. Halilovic, Case No. IT-01-48-T, Trial Chamber, November 16, 2005, para. 36.
13
UN Doc. E/447, June 26, 1947
14
Prosecutor v. Akayesu, para. 562
15
Prosecutor v. Akayesu, para. 555

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element of incitement implies that the incitement assume a direct form and specifically provoke
another to engage in a criminal act, and that more than mere vague or indirect suggestion goes to
constitute direct incitement. 16
On the other hand, the “public” element means, in particular, the appeal made in a public
place or through a medium targeted at the public.17 The deciding factor is that the appeal be aimed
at a non-individualized audience and thus create or enhance the danger of uncontrolled commission
of the crime.
The mens rea required for this crime lies in the intent to directly prompt or provoke another
to commit genocide.18 As the leader of the RAF, General Jacob Smith has directly and publicly
incited his subordinates to commit genocide. His statements that he does not want any Arantic
prisoners of war and that he will be happier if no Arantic stays alive created a particular state of
mind on his subordinates to destroy or kill, in whole or in part, the Arantic tribe. Furthermore, the
incitement has circulated among the non-Arantic rank in the army and de facto promoted the
danger of uncontrolled commission of the genocide. Hence, General Jacob Smith is criminally
responsible for direct and public incitement to commit genocide.

4.) President Joseph Rabuko and General Patton Kanube are criminally liable of command
responsibility for crimes against humanity.

Under the concept of command responsibility, a military commander is criminally liable

for the crimes committed by the forces under his effective authority and control.19
As President of the Libertaria, Rabuko necessarily exercised de jure authority and control
over the military. It is manifested by his proclamation of national emergency and appointing of
General Kanube. He should have known the attacks made, but ordered General Kanube “to take
whatever action necessary to quell the fighting and as far as possible to eliminate the pro-Tshombe
militancy.”

16
Prosecutor v. Akayesu, para. 557
17
Prosecutor v. Akayesu, para. 556
18
Prosecutor v. Akayesu, para. 560
19
Article 28, Rome Statute of the International Criminal Court (1998)

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 On the other hand, General Kanube, as the chief Libertarian armed forces, has effective
authority and control over the subordinates.
Both exercised authority and control over the military. Moreover, they have culpably failed
to prevent and punish the crimes committed by their subordinates, despite their awareness to these
crimes. Thus, they are be criminally responsible for crimes committed by their subordinates.

5.) Lt. General Jacob smith and Col. Sano Nbonga are liable for crime of genocide, crimes
against humanity and war crimes under superior responsibility for five-month atrocities
in Libertaria.

Col. Sano Nbonga, being the chief of the LLF, committed the war crime of conscripting or
enlisting children under the age of fifteen years into armed forces or groups or using them to
participate actively in hostilities, under the principle of superior responsibility.
Conscripting is forcible recruitment20 and involves an element of express compulsion or
coercion21. LLF committed the crime of conscripting children under 15 years of age as they were
kidnapped to force them to join the LLF ranks. His failure to prevent and punish the crimes
committed by their subordinates, despite their awareness to these crimes, made him criminally
responsible.

Moreover, Arantic girls were given to RAF commanders as “wives” and forced to cohabit
with them so that they would bear Naasthist children.

20
ICC, Lubanga Confirmation Decision, 29 January 2007, para. 246
21
SCSL, Taylor Trial Judgment 18 May 2012, para. 442 citing SCSL, Brima et al. Trial
Judgment 20 June 2007, para. 734-735

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 The crime of forced pregnancy does not depend on the perpetrator’s involvement in the
woman’s conception22; it is only required that the perpetrator knows that the woman is pregnant
and that she has been made pregnant forcibly.

PRAYERS FOR RELIEF

For the foregoing reasons, the Petitioner respectfully request this Honorable Court to
adjudge and declare that:
1. The accused are criminally liable for the crime of genocide under Article 6(a) of the
ICC Rome Statute.

2. The accused are criminally liable for crimes against humanity of extermination under
Article 7(1)(b) of the ICC Rome Statute.

3. Lt. General Jacob Smith is criminally liable for direct and public incitement to commit
genocide under Article 25(3)(e) of the Rome Statute.

4. President Joseph Rabuko and General Patton Kanube are criminally liable of command
responsibility for crimes against humanity.

5. Lt. General Jacob smith and Col. Sano Nbonga are liable for crime of genocide, crimes
against humanity and war crimes under superior responsibility for five-month atrocities
in Libertaria.
.
RESPECTFULLY SUBMITTED,

AGENTS FOR THE PROSECUTOR.

22
ICC, The Prosecutor v. Dominic Ongwen, Decision on the confirmation of charges against
Dominic Ongwen 23 March 2016, para 99.

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