The 21st Red Cross International Humanitarian Law Moot (2023)

An Inter-University Competition for Asia-Pacific Region

SITUATION IN THE REPUBLIC OF THAUGU

Prosecutor v. Amun THOT

STATEMENT OF AGREED FACTS

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 Instructions

1. Proceedings: The hearing takes place in the jurisdiction of the International Criminal Court (‘ICC’) at
the “confirmation of charges” stage pursuant to Article 61 of the 1998 Rome Statute of the ICC
(‘Rome Statute’). At this stage, the Prosecutor must “support each charge with sufficient evidence to
establish substantial grounds to believe that the person committed the crime charged.” The Accused
may “object to the charges” and “challenge the evidence presented by the Prosecutor”.

2. Facts and evidence: The case is entirely fictional. The Statement of Agreed Facts includes all the facts
supported by evidence that have been transmitted to the Defence, as well as facts and evidence
presented by the Defence. Teams should confine themselves to the facts supplied. Neither the
Prosecutor nor the Defence may introduce new evidence or facts at the hearing (Article 61(6)(c) of
the Rome Statute is not applicable). Teams may nonetheless draw reasonable inferences from the facts.
They may also question the credibility or weight of the evidence.

3. Procedure: The problem is not intended to raise questions of procedure other than the rights of the
accused pursuant to Articles 66 and 67 of the Rome Statute. Any other procedural questions should
be ignored.

4. Jurisdiction and admissibility: Counsel may, if relevant, address issues of conflict classification or gravity.
Any other issues of jurisdiction and admissibility should be ignored.

5. Applicable law: In accordance with Article 21 of the Rome Statute:

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.

6. Teams are encouraged to look at the case law of international and national courts. If teams rely on
decisions of national courts, these should be leading decisions and teams should expect to be asked
for copies of the headnote and the portion of the transcript or judgment referred to in their argument.

7. Participation to treaties: at all material times, the treaties listed in Annex I were in force for the States
of Ikaran and Thaugu.

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 Indicative Authorities and Research Material

International Criminal Court

a) Rome Statute of the International Criminal Court (1998):
http://legal.un.org/icc/statute/english/rome_statute(e).pdf
b) Elements of Crimes under the Rome Statute: https://www.icc-
cpi.int/Publications/Elements-of-Crimes.pdf

Basic IHL Documents

a) IHL Treaties: https://ihl-databases.icrc.org/ihl
b) Customary IHL: https://ihl-databases.icrc.org/customary-ihl/
c) ICRC Commentaries to the Geneva Conventions and their Additional Protocols:
https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/vwTreaties1949.xsp

Cases
a) International Criminal Tribunal for the Former Yugoslavia:
http://www.icty.org/en/cases/judgement-list
b) International Criminal Tribunal for Rwanda: http://unictr.unmict.org/en/cases
c) International Criminal Court: https://www.icc-cpi.int/cases
d) International Court of Justice: https://www.icj-cij.org/en/decisions

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 STATEMENT OF AGREED FACTS
1. Ikaran and Thaugu are neighbouring States situated in the Avalia region that comprises 15
States. All States in the Avalia region are member of a regional security organization, the
Organization for Security and Cooperation in the Avalia Region (OSCAR), created in 1955.
OSCAR adheres to the principles of the UN Charter. Article 5 OSCAR Statute states that:

“(1) The Organization respects the political, social and economic self-determination
of the peoples of its Members, as expressed through their constitutions and
constitutional traditions.
(2) No Member may recognize any government which came into power through
unconstitutional means, such as the rejection of election results, unlawful suspension
of elections, and military coups.”

2. Ikaran has a long history in the Avalia region. During the 17th century it was the dominant
power in the region, with other States, including Thaugu, being its tributary. Since the 18th
century Ikaran had to fend off colonial encroachments from various European States. All of
its tributaries were colonized with the exception of Thaugu. Ikaran equally lost significant parts
of its territory to colonial states, which merged these territories with their existing colonies. In
1888, after a short war with a colonial power, Ikaran lost its independence and became a colony.

3. Like Ikaran, Thaugu has a long history and unique culture, but was dominated by its much
larger neighbour Ikaran. In 1693, Ikaran invaded Thaugan and subjugated it. Thaugu agreed
to become Ikaran’s tributary and to cede the Xindu Province to Ikaran. In 1888, just before
Ikaran was absorbed to become a colony, Thaugu sided with the colonial power that was
fighting Ikaran and seized the Xindu province. Because of its mountainous terrain and dense
jungles, Thaugu was never colonized. In 1890, as reward for supporting the colonial power,
Thaugu’s sovereignty over the Xindu province was recognized and a border treaty concluded.

Situation in Ikaran

4. In 1961, Ikaran gained its independence as the last State in the Avalia region after a decades
long struggle. Its borders were determined on the basis of the principle of uti possidetis. The
Ikaran National Party (INP) was formed from the Ikaran Liberation Organization, the major
liberation movement which ensured Ikaran’s newly found independence. The INP and other
parties drafted Ikaran’s constitution, creating a republic with a Presidential system, whereby
the President is directly elected by the voters. The Ikaran President has wide powers in foreign
affairs and defence. The first election was held in 1963 and was convincingly won by the INP,
which secured an absolute majority in the parliament. The first President was Mr. Mihn Tang,
the father of the current President Mihn Sang.

5. During the 1960s and 1970s the INP started wide-scale political and economic reform
programs that turned Ikaran into the wealthiest State in the Avalia region, with the best
equipped armed forces in the region. As a result, the INP always won a majority in the
parliament and President Mihn Tang was constantly re-elected. During his presidency, Ikaran
joined OSCAR in 1965 and established good relations with all other States in the region. In
particular, Ikaran provided large amounts of development aid to Thaugu.
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 6. In 1993, President Mihn Tang died and in the following presidential election, his son Mihn
Sang was elected. The new President was initially well received, but economic crises in the
2000s eroded support for the President and the INP, which after each election continued to
lose seats in the parliament. From 2005 onwards, President Mihn Sang increasingly used
nationalistic rhetoric, including promising reclamation of territories Ikaran lost since the 18 th
century, in particular the province of Xindu, to shore up support. President Mihn Sang started
to rely on a small circle of close friends and confidants, such as General Amun Thot, who
gained significant influence over the President. In 2009, Ikaran launched a case before the
International Court of Justice on the sovereignty over Xindu province, but in 2011 the ICJ
rejected its jurisdiction to hear the case. Subsequently, Ikaran sent armed forces to the border
with Thaugu. However, after the intervention of OSCAR, Ikaran agreed to withdraw its armed
forces.

7. On 22 December 2017, the INP lost its majority in the Ikaran Parliament, with no political
party obtaining a majority. In addition, with a small margin, President Mihn Sang lost his re-
election bid. However, President Mihn Sang alleged electoral fraud and outside interference in
the election and declared a state of emergency. OSCAR, which observed the election, stated
that it had no evidence of electoral fraud and outside interference and declared that President
Mihn Sang had lost the election. On 1 January 2018, the Ikaran Constitutional Court, after a
thorough review of the election, declared that no fraud had been found and confirmed the
result of the parliamentary and presidential election. The next day, Ikaran armed forces, under
command of General Amun Thot, set up check points and roadblocks throughout Ikaran. In
addition, President Mihn Sang imposed a curfew and by decree abolished the Constitutional
Court.

8. On 10 January 2018, the OSCAR Council met in an emergency session to discuss the situation
in Ikaran. Thaugu proposed a resolution to find Ikaran in breach of Article 5 of the OSCAR
Statute and to suspend the membership rights of Ikaran, including the right to vote on
resolutions. All OSCAR Members, with the exception of Ikaran, voted in favour of Thaugu’s
proposal for resolution. The adopted resolution came into effect immediately and Ikaran’s
membership rights continue to be suspended until this day.

Situation in Thaugu

9. Thaugu remains the poorest State in the Avalia region. 75 percent of its population live as
subsistence farmers working small plots of agricultural land owned by a small elite of
landowners, who dominate the administration and the armed forces. In 1955, the Kingdom
of Thaugu became one of the original members of OSCAR. In 1977, King Ahmos IV turned
Thaugu into a constitutional monarchy, although behind the scenes the King kept significant
power and relied heavily on the landowners for political support. This was because the Thaugu
landowners were known to press their tenants to vote for the political candidates whom the
landowners favoured.

10. In 2017, the government of Thaugu promoted the cultivation of cash crops as a means to help
boost Thaugu’s economy. Consequently, many subsistence farmers were chased from their
plots; large swathes of jungle were removed to provide space for plantations. Landless farmers

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 and their families moved to cities in the hopes of finding work. Unfortunately, many ended
up destitute, unable to find work. Throughout Thaugu tensions rose and many cities witnessed
riots by unemployed farmers, which the government attempted to quell with police and
military forces. However, on occasions the lower ranks of police and the military, who were
comprised of family members of sustenance farmers, refused orders to disperse the crowds.

11. On 16 March 2018, farmers in Xindu province rose up, plundered plantations and houses of
landowners and blocked roads. The farmers organized themselves as the Xindu Farmers
Union (XFU) and demanded far-reaching land reforms. Armed forces that were sent to arrest
the farmers, instead joined them, threatening to march on the capital, Thanut. On 19 March
2018, King Ahmos IV suddenly died and was succeeded by his daughter, Queen Anat I. On
23 March 2018, the Queen, in her coronation speech, promised electoral reforms, which would
be followed by new elections. She also appointed a commission to examine land reforms and
requested the government to provide food aid for the destitute farmers and their families.

12. After the elections on 25 July 2018, the XFU and its coalition partners obtained a 60 percent
majority in the Thaugu Parliament. Queen Anat I appointed the leader of the XFU, Mr. Sadiki
Khons, as Prime Minister. In a joint speech, Queen Anat I and the Prime Minister announced
far-reaching land reforms, a new tax system, criminal reform and improved human rights
protection. On 31 August 2018, Thaugu acceded to the Rome Statute.

13. On 3 November 2018, a car bomb in Thanut aimed at the motorcade of Queen Anat I and
Prime Minister Sadiki Khons killed the Queen and injured the Prime Minister. Initial criminal
investigations indicated that the target of the attack was the Prime Minister and linked the
attack to disgruntled landowners and high-ranking military officers. Since Queen Anat I did
not have any successor, the XFU and its coalition partners declared that Thaugu would
become a presidential republic and requested the parliament to design a new constitution.

14. On 1 January 2019, a new constitution for Thaugu was proposed, whereby large tracts of land
would become nationalized and redistributed amongst farmers. A referendum was scheduled
for 1 February 2019. On 3 February 2019, after initial results pointed to an acceptance of the
new constitution, Thaugu military forces took control of Thanut and other major cities. The
Prime Minister Sadiki Khons, supported by loyal troops, managed to escape the capital by
helicopter. At 10 pm that day, General-Lieutenant Asim Gyasis declared that the military had
taken over Thaugu, declared a state of emergency and suspended the new constitution.

15. On 4 February 2019, the OSCAR Council met in emergency session. The Thaugu
representative, who stayed loyal to the government of Prime Minister Sadiki Khons, asked the
Council to adopt a resolution requiring Members not to recognize the military government of
Thaugu and to prohibit any aid or assistance to this government. All Members of OSCAR
voted in favour of the resolution. Because of the suspension of its voting rights, Ikaran did
not vote on the resolution.

16. During February-March 2019, Mr. Sadiki Khons set up a national government, the Thaugu
National Democratic Government (TNDG) and called upon all civil servants and armed
forces to disobey the military government of Asim Gyasis and to join the national government.
Large parts of the military, in particular the lower ranks, non-commissioned officers and lower-

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 ranked officers, abandoned their posts and joined the national government, which remained
in control of large parts of the country, in particular in rural areas.

Intervention of Ikaran
17. Because significant parts of its armed forces had deserted to the TNDG, the military
government of General-Lieutenant Asim Gyasis faced severe difficulties in holding its
positions throughout Thaugu. In April-May 2019, the TNDG organized an all-out assault on
the armed forces loyal to the military government. The forces of the TNDG wore uniforms
displaying a symbol of the Thaugu national flag with the colours in reverse. In their offensive,
they manage to capture strategically important locations that would allow the TNDG armed
forces to march upon the capital.

18. On 27 May 2019, General-Lieutenant Asim Gyasis contacted President Mihn Sang of Ikaran
and requested aid and assistance to the military government of Thaugu. President Mihn Sang
promised that Ikaran would recognize the military government as the legitimate government
of Thaugu, that Ikaran would send military equipment and military forces and that Ikaran
would share intelligence with Thaugu’s intelligence services. In return, President Mihn Sang
requested that Thaugu cede the Xindu Province to Ikaran, which at that time was under the
control of the TNDG. General-Lieutenant Asim Gyasis and his government agreed and the
Xindu Province was ceded on 31 May 2019 via a bilateral treaty.

19. On 5 June 2019, Ikaran armed forces under the command of General Amun Thot entered
into the Xindu Province and, after two weeks of intense fighting, routed the TNDG armed
forces in the province. On 20 June 2019, Ikaran established full control over the province and
its armed forces marched to Thanut to assist the military government of General-Lieutenant
Asim Gyasis. Because of the Ikaran intervention, the military government of Thaugu was able
to stabilize the front. On 16 July 2019, President Mihn Sang appointed General Amun Thot
as the military advisor to the military government of Thaugu and as liaison officer to the
government of Ikaran. In this capacity, Amun Thot was appointed and was present during the
Thaugu military government’s meetings discussing the ongoing hostilities against the TNGD.
In addition, General Amun Thot received regular updates as to operations in the field and
used that information to influence the decision-making in the Thaugu military government
and military.

20. Over the coming months, the armed forces of the military government of Thaugu became
increasingly intertwined with the Ikaran armed forces, which operated beside them. The
Thaugu military government increasingly relied on intelligence from Ikaran. Because of lack
of manpower, Ikaran officers and soldiers were embedded in Thaugu military units. Ikaran
also provided much needed supplies, training and equipment. Because of the reliance on
Ikaran intelligence and equipment, the Thaugu military government instructed its armed forces
to comply with orders from embedded Ikaran officers. Thaugu officers occasionally refused
to carry out the orders of embedded Ikaran officers, but were sanctioned by their superiors
when this occurred.

Use of Agent Red

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21. During August and September 2019, the armed forces of the TNDG were steadily repulsed
all over Thaugu. However, Ikaran armed forces and forces of the Thaugu military government
faced stiff resistance in an area 50 km east from the capital. This area is characterized by hilly
terrain and dense jungles. It is inhabited by various indigenous clans that are loyal to the
TNDG. With the help of the clans, TNDG forces managed to inflict severe casualties on their
opponents, through the use of ambushes under jungle cover.

22. On 4 October 2019, Major Thom Tom, the local commander of the Thaugu military forces,
was alerted to a large stockpile of Agent Red in a nearby container. Agent Red is a herbicide
and defoliant used to clear jungle forests in order to turn the land into agricultural land. It is
normally used under supervision and its use is severely restricted because of potential
environmental harm and harm to human health. Side effects of exposure to Agent Red include:
irritated eyes, nose and throat, burned skin, problems with breathing, and nausea. Long term
exposure may considerably increase the likelihood of developing cancer. High concentration
in ground water has been linked to birth defects, although low concentrations in ground water
has not led to health problems apart from diarrhea and/or vomiting.

23. Major Thom Tom, frustrated with the lack of progress in the remote area, ordered the seizure
of the Agent Red stockpiles on 9 October 2019 and used large quantities of Agent Red to clear
jungle forests over the period of one week. Because of the use of Agent Red, during November
2019, the armed forces of the military government of Thaugu and armed forces of Ikaran
made significant process in capturing the area with limited casualties. However, the high
concentration of Agent Red caused rapid deforestation of the area, a surface of more than 50
km2. In addition, water sources in an area of 100 km2 have been affected to a considerable
degree. Reports of the TNDG and international media showed large groups of fighters and
civilians with different side effects of exposure to Agent Red. At least 2,500 people needed
medical care. Concentrations of Agent Red in the ground water in the area made the water
unsafe for consumption for at least one year. International health experts however disagreed
about the long-term effects of the exposure as the concentration of Agent Red in the
groundwater may reduce depending on its continued future use and the amount of rainfall
over time. Nonetheless, all health experts agreed that consumption of water sources in the
area would significantly increase the risk of birth defects and the occurrence of cancer.

24. Ikaran military reports from officers embedded in the Thaugu armed forces of the military
government dated 6 October 2019 indicated that Ikaran military officers were concerned
about environmental damage and the health risks to Ikaran armed forces due to exposure to
Agent Red. Ikaran officers successfully forced Major Thom Tom to delay the use of Agent
Red by threatening to stop support for local operations against the TNDG. On 8 October
2019, during a reception at the Ikaran embassy in Thaugu, General Amun Thot asked General-
Lieutenant Asim Gyasis about the use of Agent Red and its potential dangers for the Ikaran
military officers in the field. General-Lieutenant Asim Gyasis ensured General Amun Thot
that Agent Red, as it was planned to be used, would not be dangerous for Ikaran military
personnel if minimal precautions were taken. On 8 October 2019, the use of Agent Red was
authorized by the military government of Thaugu and General Amun Thot ordered Ikaran
armed forces to cease their opposition and take the necessary protective measures.

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 25. When the TNDG spread videos of the vast environmental damage caused by Agent Red,
General-Lieutenant Asim Gyasis assured General Amun Thot that the videos were just
propaganda. General Amun Thot again stressed that he wanted to ensure sufficient protection
against the effects of Agent Red for Ikaran troops, but did not press the matter further. On
15 November 2019, General Amun Thot was present during a military award ceremony, in
which General-Lieutenant Asim Gyasis honoured Major Thom with one of the highest
military awards for his decision to use Agent Red.

The treatment of the captured fighters of the Thaugu International Brigade

26. Videos of the destructive effects of Agent Red quickly went viral in the Avalia Region. The
TNDG called upon all citizens in the Avalia Region to come to its aid, promising permanent
residency, a salary that was 20% higher than the average salary in the military forces in the
region, land grants and retirement benefits. The TNDG justified the higher salaries on the
basis that, as one of the poorest countries in the Avalia Region, offering the same salary as
Thaugu armed forces would fail to attract foreign fighters to the cause of the TNDG.
Although foreign nationals cannot own land under Thaugu law, the TNDG promised to
change the law in the event that it was victorious.

27. Many former military personnel of the Member States of OSCAR travelled to Thaugu to fight
on behalf of the TNDG. All foreign fighters were organized in a new military unit, the Thaugu
International Brigade (TIB). The unit wears the same uniform as the other armed forces of
the TNDG, with the same distinctive emblem, but in addition wears an armband with two red,
crossed axes on a white background. During December 2019 and January 2020 the unit
received training in camps in territories controlled by the TNDG.

28. On 7 February 2020, the TIB first saw action in the Xindu province, which at that time was
under military control of Ikaran, with significant success. On 25 February 2020, General Amun
Thot was recalled to Ikaran to participate in an urgent meeting on the military crisis in Xindu
province, to be held the next day. During the meeting, in which General Amun Thot mostly
dealt with the military operational response, the legal departments of the Ministry of Defence
and Justice circulated a memo that the members of the TIB are to be regarded as mercenaries
and do not deserve any protection under IHL. The memo further proposed the creation of
special military commissions where captured members of the TIB would be tried for acts of
terrorism and sabotage. Furthermore, the captured members would be defended by a military
lawyer appointed by the Ikaran army. Although the lawyer had access to evidence against the
captured members of the TIB, the lawyer could not contest the validity of the evidence or the
means through which it was obtained, nor share all the details of the evidence with his/her
client. Trials would be held in secret and behind closed doors.

29. Before the memo was discussed in detail, General Amun Thot left the meeting to catch a plane
back to Thaugu. The records of the meeting show that General Amun Thot agreed in principle
with the memo provided that members of the TIB could indeed be regarded as mercenaries
under IHL. Accordingly, he agreed to instruct the forces under his command not to grant
captured foreign fighters prisoner of war status if the memo were to be adopted. On 1 March
2020, General Amun Thot received official confirmation that the memo was adopted and the
same day sent instructions to the Ikaran armed forces in the Xindu Province to not afford

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 captured TIB fighters with prisoner of war status. Although it is not clear how many members
of the TIB were captured, at least 56 were prosecuted and convicted by the specially created
military commission, with punishments ranging from 10 to 25 years imprisonment.

Requisition of labour from inhabitants of Thanut

30. Because of the use of Agent Red and the treatment of their nationals fighting in the TIB by
Ikaran, OSCAR called a meeting on 14 April 2020 in which all members voted in favour of
adopting a resolution that introduced crippling economic sanctions against Thaugu and Ikaran.
In addition, the resolution called upon all Member States of OSCAR to render aid and
assistance to the TNDG in reclaiming full control of Thaugu and to oust the military
government and Ikaran armed forces supporting the military government. It finally stated that
the transfer of the Xindu Province was illegal and void and called upon Ikaran to return the
province back to Thaugu. The next day, the TNDG referred the situation in the Republic of
Thaugu to the International Criminal Court.

31. During the period of May-July 2020, Member States of OSCAR delivered significant amounts
of financial and military assistance to TNDG armed forces, including drones, artillery pieces,
ammunition and small arms. On 15 July 2020, TNDG armed forces started a military operation
to recapture the capital of Thanut. During one month of intense fighting, TNDG armed forces
managed to break defensive lines held by the armed forces of the Thaugu military government
and Ikaran armed forces. On 17 August 2020, the Thaugu military government and Ikaran
ordered a general retreat to the capital, Thanut. Armed forces fighting on behalf on the Thaugu
military government defected in large numbers to the TNDG, after being promised an
amnesty for any crimes that they might have committed.

32. Because of the dire situation, on 16 August 2020, General Amun Thot requested President
Mihn Sang to send additional Ikaran armed forces to assist the outmatched Thaugu military
government armed forces. On 20 August 2020, additional Ikaran military forces arrived in
Thaugu and took control of key strategic points in the capital. In a meeting with General-
Lieutenant Asim Gyasis and the other members of the Thaugu military government, General
Amun Thot stated that the military government must place all its armed forces under the direct
command and control of Ikaran military forces. In addition, he demanded that the military
government would immediately mobilize the inhabitants of the capital to prepare for the
defence of the capital. If the military regime would not comply, Ikaran would immediately
withdraw all assistance. Despite protestations, General-Lieutenant Asim Gyasis ultimately
relented and agreed to requisition labour from the capital’s inhabitants.

33. On 21 August 2020, General-Lieutenant Asim Gyasis announced through all media and
posters that civilians were required to offer all necessary assistance to the Thaugu and Ikaran
armed forces, short of actively participating in military operations, to defend the capital.
Civilians were required to construct fortifications in the capital, dig trenches, deploy
roadblocks and barbed wire, build ammunition warehouses, and set up field hospitals for the
wounded and injured. Other civilians were required to provide catering for the armed forces
and laundry duties, whereas civilians with a medical background had to offer medical assistance.
Finally, civilians with a technical background were required to operate water supply systems,
electricity systems and communication systems. The announcement also stated that civilians

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 who refused to assist, would be arrested and detained on national security grounds for the
duration of the conflict. At least 20,000 civilians employed in the industries and / or with the
requisite expertise mentioned in the announcement provided assistance to the Thaugu and
Ikaran armed forces as ordered. It was also reported that at least 5,000 civilians were detained
for refusing to comply with the announcement.

Capture and transfer of General Amun Thot to the ICC

34. On 28 August 2020, TNDG armed forces surrounded and besieged the capital Thanut. After
two weeks of fighting during this siege, General-Lieutenant Asim Gyasis declared that the
military government of Thaugu would surrender to the armed forces of TNDG on 12
September 2020. Upon hearing that the Thaugu military government intended to surrender,
General Amun Thot ordered all remaining Ikaran armed forces to break out of the
encirclement and to retreat to Xindu Province. Although the Ikaran armed forces successfully
escaped, the helicopter evacuating General Amun Thot was hit by anti-aircraft fire and forced
to land in territory controlled by TNDG armed forces. General Amun Thot, who sustained
minor injuries only in the forced landing, was captured and his wounds treated.

35. On 1 October 2020, due to the crippling sanctions and the losses of Ikaran armed forces in
Thaugu, mass-scale protests take place all over Ikaran. Police forces refused to subdue the
protests and high-ranking officers of the Ikaran armed forces, requested that President Mihn
Sang step down. On 4 October 2020, President Mihn Sang declared that he would step down
and that new elections would be held. On 11 November 2020, the newly elected Ikaran
government promised to return the Xindu Province to Thaugu and to withdraw its remaining
armed forces from Thaugu. The Ikaran government equally declared that it would cooperate
with the International Criminal Court.

36. On 14 January 2021, the International Criminal Court issued an arrest warrant for General
Amun Thot, former President Mihn Sang, General-Lieutenant Asim Gyasis, Major Thom
Tom, and former members of the Thaugu military government. The next day, the Thaugu
government handed General Amun Thot over the ICC, where he was detained pending his
eventual trial.

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 Charges

The Office of the Prosecutor presents the following charges against the defendant, Mr. Amun Thot:

Count 1
With regard to the use of Agent Red:
On the basis of Article 28(a) Rome Statute for failing to take all necessary and reasonable measures to
prevent the use of Agent Red, an herbicide and defoliant agent, by Thaugu armed forces commanded
by Major Thom Tom:

• The war crime of intentionally launching an attack in the knowledge that such attack will
cause widespread, long-term and severe damage to the natural environment which would
be clearly excessive in relation to the concrete and direct overall military advantage
anticipated in Article 8(2)(b)(iv) Rome Statute.

Count 2

With regard to the prosecution of members of the Thaugu International Brigade:

On the basis of Article 25(3)(d) Rome Statute, for contributing in the common plan to deny captured,
foreign members of the Thaugu International Brigade fighting on behalf of the internationally
recognized government of Thaugu the status of a prisoner of war:

• The war crime of wilfully depriving a prisoner of war or other protected person of the
rights of fair and regular trial in Article 8(2)(a)(vi) Rome Statute.

Count 3

With regard to the requisition of labour from Thaugu nationals in the Thaugan capital of Thanut:

On the basis of Article 25(3)(b) Rome Statute, for ordering Thaugu nationals, through the Thaugu
military regime, to offer aid and assistance to the Thaugu and Ikaran armed forces in their fight against
the internationally recognized government of Thaugu:

• The war crime of compelling the nationals of the hostile party to take part in the operations
of war directed against their own country in Article 8 (2)(b)(xv) Rome Statute.

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 Annex I: Applicable Agreements

Conventions Republic of Ikaran Republic of Thaugu

Charter of the United Nations ✓ ✓

Geneva Convention I ✓ ✓

Geneva Convention II ✓ ✓

Geneva Convention III ✓ ✓

Geneva Convention IV ✓ ✓

Additional Protocol I ✓ ✓

Additional Protocol II ✓ ✓

Vienna Convention on the Law of ✓ ✓

Treaties

International Covenant on Civil and ✓ ✓

Political Rights

International Covenant on ✓ ✓
Economic, Social and Cultural
Rights

Rome Statute of the International ✓

Criminal Court

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