 Address the panel

 Formalities
 The prosecution argues /submits
 Military journals (defense) Since most of the states have practiced this, hence, it become part of
the customary international law
Military journals of US, Canada and the rest have practiced this and
 Sources of international law
 Uniform outfits including researcher
 At least 7 minutes ang speech
 Interrupt during speech
 Memorize memorials ( even page numbers and references)
 Failed miserably- rebuttal
 Does not hold water
 While we commiserate the pain
 Count 1- discuss proportionality
 Count 2- modes of liability ( master individual and command)
 Damage- Principle of precaution
 Count 3- Distinction ( time, clarity, distance of thre symbols – refer to compromi
 Count 4- distinction
 Second speaker- end ang quote
 Defense – military gain

Your excellencies, good morning/afternoon. May it please the court. My name is Angel Caban, the first
counsel in behalf of the prosecution. Together with me is my co-counsel Ms. Jalefaye Basilisco.

Your excellencies, The prosecution argues that President Garba bears individual criminal responsibility for
the war crime resulting to excessive incidental death, injury, or damage with respect to the destruction of
baobab tree sanctuary in momaayo Under Article 8 (2) (b) (iv).

The prosecution further argues that President Azizi garba bears individual criminal responsibility for the
war crime of excessive incidental death, injury, or damage with respect to the introduction of crude oil
into the nadawada river Under Article 8 (2)(b)(iv)

My co-counsel will establish that the elements have been satisfied for counts 3 and 4.

I will be needing 15 minutes for my submissions and my co-counsel will be needing 15 minutes for her
and the remaining 5 minutes for our rebuttal. If this court do not have any preliminary questions then I
will now proceed to my submission.

(Wait for the go ahead from the judges…)

May it please the court.

Quote or statistics – something related the environment.

--------------------------------------------------
Your Excellences, the prosecution submits/argues, President Garba is criminally liable for four counts of
War Crime under the Rome Statute.
First, under Article 8 (2) (b) (iv) President Garba bears individual criminal responsibility for the war crime
resulting to excessive incidental death, injury, or damage with respect to the destruction of Baobab Tree
Sanctuary in the Kingdom of Momaayo. – review elements sa individual responsibility

The elements for the war crime of the Article 8 (2) (b) (IV) have been satisfied.

State the elements verbatim (back up with cases)

For the first element, the conduct took place in the context of and was associated with an international
armed conflict.

Conflict exists whenever there is a resort to armed force between States or protracted violence between
governmental authorities and organized armed groups or between such groups within the States. (Back
up cases/legal basis)

Second element is also satisfied. The perpetrator was aware of the factual circumstances that established
the existence of an armed conflict.

Momaayo and Kissaka have a fraught history, with near-constant rumblings and small scale fighting at
the border regions over the past century. Undeniably, President Garba has the requisite knowledge of
the existence of armed conflict. (Back up cases/legal basis)

For the third element, The Perpetrator launched an attack.

President Garba despite the rigid decision of King Abdu to uphold Momaayo’s UNESCO obligation, he
continued to dispatch his troops to the border of Kissakan and Momaayo. (Back up cases/legal basis)

The fourth element is also satisfied. The attack was such that it 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 b.

Kissaka Military Force inflicted severe incidental death and damaged of Baobab Tree Sanctuary in
Momaayo. The 1st Commando Battalion of Kissakan Military Forces, through the order of President Garba,
infiltrate the village of Dunanti where the Baobab Tree Sanctuary dwell near the border. ( back up
cases/legal basis)

For the fifth element, the perpetrator knew that the attack would cause incidental death or injury to
civilians or damage to civilian objects or widespread the long term and severe damage to the natural
environment and that such death.

The offense has a specific intent of mens rea. The Accused must have therefore intended that the attack
would cause incidental injury with respect to the destruction of Baobab Tree Sanctuary in the Kingdom of
Momaayo. And the last element has been satisfied.

President Garba meant to engage in launching an attack. If not of this sanctuary, over 2,000 of those
species would have died. Moreover, this is also a home to 10% of the world’s white rhinoceros population
and over 50% of the world’s striped hyena. (Back up cases/legal basis)
Second, under Article (8) (2) (b) (iv) and Article 25 and Article Modes of Liability, bears individual
criminal responsibility for the war crime of excessive incidental death, injury, or damage with respect to
the introduction of crude oil into the nadawada river Under Article 8 (2)(b)(iv) (Back up cases/legal basis)

Elements of Article 25 and 28 Modes of Liability and Article 8 (2) (b) (IV) of the ICC Rome Statute are
present.

President Garba gave an express order to a subordinate or other person over whom the perpetrator was
in a position of authority.

President Garba gave the order for Kissakan troops to weaken the Momaayo military by filtering existing
stores of crude oil into the Nadawada River. The order was given to a subordinate or other person over
whom President Garba was in a position of authority.

On April 24, 2021, President Garba gave Lt. Col. Diallo the order for troops to cross the border by stealth
through the Momaayo National Park and infiltrate the quite village of Dunanti near the border.
Subsequently, on October 2022, President Garba gave Lt. Col. Diallo the order to return to Dumanti to
secure the oil access point. They were to use any lawful means necessary to secure the access.

The Superior failed to take reasonable measures to prevent such acts or to punish the principal
perpetrators.

President Garba did not do anything to discipline and/or reprimand Col. Diallo, thus, implying that he
had consented to the said actions of herein Col. Diallo.

Elements 2 and 3 of Article 8 (2) (b) (IV) of the Rome Statute are present.

Damage of the Nadawada River was “severe”, “widespread” and bears individual criminal responsibility
for the war crime of excessive incidental death, injury, or damage with respect to the introduction of
crude oil into the nadawada river Under Article 8 (2)(b)(iv) “long-term”.

The effects of the contaminated water to the Momaayan residents dropped by 60%. Within days, water
toxicity poisoning began to appear in both the human and animal populations. Within a week, 2% of the
world’s endangered white rhinoceros population had died due to crude oil poisoning. Furthermore, if it
left untouched, the oil introduced into the Nadawada ecosystem would take 12 years to fully dissipate.
DEFENSE

Your Excellencies , good morning/afternoon. May it please the court. My name is Angel Caban,
the first counsel in behalf of the defence. Together with me is my co-counsel Ms. Jalefaye
Basilisco.

Your excellencies, the defense submits that President Azizi Garba is not liable for the war crime
of excessive incidental death, injury, or damage. Required Elements of Crime under Article 8 (2)
(b) (IV) are not satisfied. The Defence further submits that President Azizi Garba bears no
individual criminal responsibility for the war crime of excessive incidental death, injury, or damage
with respect to the introduction of crude oil into the Nadawada river.

My co-counsel will establish that the elements are not satisfied for counts 3 and 4.

I will be needing 15 minutes for my submissions and my co-counsel will be needing 15 minutes
for her and the remaining 5 minutes for our rebuttal. If this court do not have any preliminary
questions then I will now proceed to my submission.

(Wait for the go ahead from the judges … )

May it please the court.
--------------------------------------------------
Your Excellences, the defense submits that, President Garba is not criminally liable for four counts
of War Crime under the Rome Statute.

First, element 2 is not satisfied;

damages are not clearly excessive in relation to the concrete and direct overall military advantage
anticipated. The collateral damage of an attack cannot be excessive in relation to the “concrete
and direct” military advantage anticipated. The advantage concerned must be substantial and
relatively close, as in not being determined by long-term planning.

In order to avoid excessive damages, military commanders must consider the jus in bello
proportionality requirement on protecting civilians from the effects of lawful attacks.

b. Element 3 is not satisfied.

President Azizi Garba did not know nor could have known that the attack would cause excessive
casualties. Alternatively, under ICC Statute Article 25(3) President Garba bears no criminal
responsibility as a co-perpetrator for contributing to the crime.

The objective elements are not fulfilled because Garba made no essential contribution to the
commission of the crime. A contribution is “essential” if the suspect has “the power to frustrate
the commission of the crime by not performing his tasks.”
Second, President Azizi Garba, bears no individual criminal responsibility for the war crime of
excessive incidental death, injury, or damage with respect to the introduction of crude oil into the
Nadawada river. The acts committed do not amount to crimes against the environment.

It is apparent that demands a very high threshold of injury to the environment before an act would
fall within the scope of the crime. The use of the conjunctive (‘and’) between the words
widespread, long-term and severe, rather than the disjunctive form, has, at least from an
environmental protection perspective, effectively meant a ‘regression’ from the standard that had
been specified in the ENMOD Convention.

The attack was not widespread. The phrase “widespread” refers to the large-scale nature of the
attack and the number of victims. An attack is also considered as “widespread” if it involves a
series of massive and large-scale action. It only involves 25,000 baobab tree saplings.

The attack was not systematic. The encounters of the Kissakan Armed forces and Royal
Momaayo Army, were purely random, only manifestations of the effort of the kissakan government
to try to maintain peace and order in Momaayo. The attack was not directed against a civilian and
environmental population. Kissaka is known to be one of the World’s poorest and most turbulent
countries.

It has population of around 17 million. It has experienced a significant economic downturn since
2002. When the rebels seized power, Garba promised the people of Kissaka that their fortunes
would change under his leadership.