Prosecutor Count 2

ISSUE-1

Whether TechAnon is liable for leading the dissemination campaign on Rosebud

Hospital and its medical personnel as part of the RAF’s attack with regard to

‘Operation Dark Horse’.

It is reverentially submitted that TechAnon is liable for leading the dissemination campaign

which induced immense racially motivated stabbings & killings targeting Clemons. Further,

the campaign laid down the groundwork for RAF’s attack on Rosebud hospital killing

civilians including medical personnel, expectant mothers and young children. It needs to be

contemplated that falsehood ranging from the selective reporting of facts, deliberate

mischaracterization of certain events and adversaries, or even plain fabrication and lies

constitute a breeding ground in which incitement to commit violence is thriven. While

disseminating such falsehoods does not constitute a direct call to commit physical violence, it

nevertheless sows the seeds for mass atrocities.

Dissemination Campaign based on Unverified Intelligence

Dissemination is the targeted distribution of information and materials about an evidence-

based intervention to a specific practice. The dissemination and communication need to be a

carefully planned process that involves considering the targeted population, the message one

wants to get across the communication strategies. Here, it needs to be contemplated that the

entire campaign was caried out based on an unverified intelligence received by Major
General Escobar.1 Another important and necessary consideration is the political aspect and

any potential impact, however, no such considerations were taken into account.

Mr. Ashley(TechAnon) had the moral duty to get an answer from the general or his

organization’s legal team. He spectacularly failed in that, anyone who runs a securing

business has a minimum knowledge of human rights law & in that comes a security

guarantee. And he is supposed to know the repercussions of his act. Even if we give the

benefit of the doubt human life & dignity were being lost after each project/operation, his

team was given a dedicated office space in the Military HQ & his team directly reported to

him. Why didn’t he notice the scale of human life being lost & question it? After every

operation, he received a larger sum of money & the fact leads us to one conclusion he was in

complete knowledge of the consequences of his actions & refused to act on it.

Unlawful Use of Force

In the context of mass atrocity crimes, the employment of falsehoods, ranging from a

selective omission of facts, a deliberate mischaracterization of some events and adversaries to

plain fabrication and lies is often used as a technique of hate and fear propaganda creating an

environment that is least conducive to incitements to commit violence, even if not amounting

to a direct call in its own right. Such conducts therefore sow the seeds for ensuing mass

atrocity crimes. It follows that the moral gravity of such participants is often no less, no

indeed and no different from that of those actually carrying out the acts in question. Indeed,

disinformation constitutes an essential element of hate propaganda.

The mistake of law shall not be a ground for excluding the criminal responsibility as clearly

stated u/a 32(2). Where TechAnon had indeed asked about the legal validity, however, it is to
1
be noted here that the Gen. never gave a straight Yes or No reply and instead only gave vague

replies. It is to be considered that any reasonable person will ask these questions, but we

should note that any reasonable person will ask for a yes or no answer for that specific

question. And despite him not receiving any valid reasoning & only vague promises he

continued giving technical support to the war crimes that were being committed by the Rufus

Government & military.

In the case of Nahimana et al, expert witness Alison des Forges testified about the practice

known as ‘accusation in a mirror’ one of the rhetorical methods described in Note Relative a

la Propagande d'Expansion et de Recrutement, a manual found in Rwanda in the wake of

genocide which was meant to inflame ordinary people to attack their fellow countrymen. The

phrase refers to a rhetorical practice in which one falsely accuses one’s enemies of

conducting, plotting, or desiring to commit precisely the same transgressions that one plans to

commit against them.

It needs to be contemplated that the dissemination campaign induced racially motivated

immense stabbings & killings of individuals. If the intelligence report was true to its facts,

why did they have to resort to misinformation campaigns & doctored videos? Within 2

months of the operation Dark Horse 30% of the Clemon population stopped attending

Rosebud Hospital for fear that they would be targeted, the important point is that Rosebud

Hospital was the only hospital in the province & the Clemons were heavily dependent on it.

After the attack on Rosebud Hospital 20 medical persons, 50 civilians, & 15 Rebellion

members were massacred. Even after the King declared killing of 20 medical persons & 50

civilians simply as collateral damage, TechAnon continued supporting the regime. When they
were aware of the fact that the storage facility was used to store arms & ammunition, it

cannot be the case that the military did not have the basic instinct of knowing the

repercussions of a strike. As stated under the final paragraph of Art. 6 of the IMT (Charter of

the International Military Tribunal)2, the leaders, organisers, instigators and accomplices

participating in the formulation or execution of a common plan or conspiracy to commit any

of the foregoing crimes are responsible for all acts performed by any persons in execution of

such plan.

Intentional & Planned Deception

The State was committing genocide & Mr. Ashely sat on the sideline while his organization

was minting money, what Mr. Ashely did was nothing short of war profiteering. The

technical assistance provided by Techmania contributed to the commission of crimes of

Genocide, Crimes against humanity, & War crimes by the group that was Mr. Ashly, the

Generals, & the King. While disinformation is information shared with malicious intent,

misinformation likewise entails the sharing of information by a poorly informed party but

meaning no harm. In our contention, the notion of ‘disinformation’ is therefore employed, as

it is the spreading of disinformation that is most prone to give rise to international criminal

liability insofar as it entails spreading information with a culpable mental state. It is

contended that a vigorous propaganda campaign was carried out before each major act, and

disinformation in different manifestations was used to conduct this campaign.

The dissemination of provocative lies and the systematic deception of public opinion were as

necessary to the perpetrators for the realisation of their plans as were the production of

armaments and the drafting of military plans. Without such propaganda, it would not have

been possible for them to realise their aggressive intentions, to lay the groundwork and then
2
to put to practice the war crimes and the crimes against humanity. Furthermore, Fritzsche, a

principal conspirator in abetting aggressive wars, whose actions created the requisite

psychological and political conditions for aggressive wars in German.

It is to be noted that the spreading of disinformation, while not a crime in itself, can be a

means of contributing to crimes. Even if refrained from concluding whether TechAnon’s

actions were effective or not in the end, it does not negate the significance of his contribution,

or his consequent participation in the operations done by RAF. Thus, he should be found

guilty of inhumane acts and persecutions as crimes against humanity.

In the light of the above-stated arguments, it is reverentially requested that TechAnon should

be held liable since the campaign laid down the groundwork for RAF’s attack on Rosebud

hospital killing civilians including medical personnel, expectant mothers and young children,

and hence, he owes the liability in accordance with the stipulation under the international

criminal law.

ISSUE-2

Whether TechAnon can be held liable for contributing to the commission of the crime

or attempted commission of the crime based on Individual Criminal Responsibility

under Article 25(3)(d) in conformity with Article 8(2)(e)(ii) of the Rome Statute.
It is reverentially submitted that TechAnon can be held criminally liable in view of the fact

that the international criminal law covers any sort of contribution to the group, this provision

is applied to indirect forms of assistance as well like financial or technical among others.

While he did not constitute a direct call to commit physical violence, his assistance

nevertheless sowed the seeds for mass atrocities. In the context of international crimes, most

of the crimes do not result from the criminal propensity of a single individual but constitute

manifestations of collective criminality. In the wake of seance, Mr. Ashley not just provided

technological assistance but was providing outright weapons to RAF which was being used

for committing multifarious crimes.

In accordance with the stipulation of Individual Criminal Responsibility u/a 25(3)(d) of the

Rome Statute, a person shall be criminally responsible and liable for punishment for a crime

if that person contributes to the commission or attempted commission of such a crime by a

group of persons acting with a common purpose. Such contribution shall be intentional and

made either:

● With the aim of furthering the criminal activity or criminal purpose of the group,

where such activity or purpose involves the commission of the crime; or

● In the knowledge of the intention of the group to commit the crime.

While a literal, ordinary interpretation of the purpose requirement seems to be the only

legally sound one, it would definitely hold account propagandists for disseminating

disinformation as the facilitators, aiders and abettors under Article 25(3)(c) of the ICC

Statute.3 Indeed, it would require proving that the propagandists spread disinformation

intending that the dissemination of disinformation would facilitate the principal perpetrator’s
3
commission of atrocity or crimes. Although some members may physically perpetrate the act,

the participation and contribution of the other members of the group are often vital in

facilitating the commission of the offence in question.

The Artillery strike that was ordered on 11 April by Maj. Stewart killed 20 medical personnel

& along with other casualties. This violated the Rome Statute & other various International

Laws. The attack on the storage unit of the Hospital did not just result in the destruction of

the storage unit but caused a large explosion in the hospital taking out essential supplies &

killed many individuals including medical personnel falling in the sphere of commission of

crime.

Commission of Crime

¶ The 3 requisites of elements of the joint criminal enterprise’s actus reus is:

● A group of persons: the group here consisted of King Rufus IV, Maj. Gen. Escobar, Lt.

Gen. Credle, Mr. Ashely Krish alias TechAnon, & others.

● Existence of a common plan: the plan was the elimination not just the Rebellion by

Neutralization but also of the Clemon population by “Collateral Damages”.

● Contribution of the Accused: As part of the group Mr. Ashley had the responsibility of

providing technical support to the ground operations by RAF. Without his technical

support, the government could not have caused such damage to the Clemons.

With regard to criminal responsibility, a person shall be liable if the material elements are

committed with intent and knowledge, as stated u/a 30(1) of the Statute. In accordance with

Art. 30(2), a person is said to have intent where:

● In relation to conduct, that person means to engage in the conduct;

 ● 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.

Further, in accordance with Art. 30(3), knowledge means awareness that a circumstance

exists or a consequence will occur in the ordinary course of events.

Moreover, Art. 51 of the UN Charter states that “nothing in the present Charter shall impair

the inherent right of individual or collective self-defence if an armed attack occurs against a

member of the Renewed United Nations, until the Security Council has taken measures

necessary to maintain international peace and security. Measures taken by members in the

exercise of this right of self-defence shall be immediately reported to the Security Council

and shall not in any way affect the authority and responsibility of the Security Council under

the present Charter to take at any time such action as it deems necessary in order to maintain

or restore international peace and security.” It is to be noted that the Rufus Government &

Mr. Ashely have not yet reported to the Security Council about the act of aggression by the

Rebellion or the Republic of Dave hence we can positively assume that in this situation it is

the Rufus Government with the support of the Tech team of Mr. Ashely that provoked an

attack from the rebellion & by that means acted in aggression for the 1 st time in the present

dispute.

Assistance in the commission of crime

¶ It is humbly contended that the Rufus Government with the assistance of Mr. Ashely’s

hacktivist group has committed War Crimes as per Art. 8(2)(e)(ii) of the Rome Statute &

Crimes against Humanity as per Art. 7 of the Rome Statute on multiple counts using both

armed & other means. In accordance with Art. 8(2)(e)(ii), the meaning of ‘war crime’ would
be the other serious violations of the laws and customs applicable in armed conflicts not of an

international character, within the established framework of international law, namely:

● Intentionally directing attacks against buildings, material, medical units and transport,

and personnel using the distinctive emblems of the Geneva Conventions in

conformity with the international law.

¶ The group first circulated fake messages fueling the narrative that the Rebellion were

terrorists and then leaked the findings of doctored RAF intelligence report based on

unverified information that the Rosebud Hospital is being used by the rebellion & that the

doctors are terrorists this resulted in a drop in Clemon Population not visiting the only fully

functional hospital in the province due to the fear of being attacked. The campaign resulted in

the creation of a drift between the Clemons & the Medical professionals of Rosebud Hospital

but also between the Clemons & the rest of the Rufus population, who already viewed the

Clemons as 2nd class citizens. The dissemination campaign resulted in 30% of the population

not receiving medical care involuntarily.

Crimes against Humanity

¶ It is further contended that Operation Dark Horse also resulted in the 1. Murder, 2.

Extermination, 3. Persecution, & 4. Apartheid of the Clemon Population. The attacks led to

inhumane conditions of living where the people were not able to access health care & due to

other operations during the conflict the Clemons were denied safe drinking water, electricity,

& their human rights were compromised. In addition to other grounds of criminal

responsibility, TechAnon is criminally responsible u/a 28 of the ICC for the crimes

committed by Techmania and subordinates under his effective authority and control as a

result of his failure to exercise control properly over them.

¶ The disinformation campaign resulted in the racially motivated stabbing & other Killings

targeting Clemons. The attacks resulted in great suffering of the Clemons & also led to

serious injuries to mental & physical health. The operation resulted in the widespread

deprivation of the Clemons’ civil rights.

¶ The operation directly instigated & abated the state-sponsored violation of Art. 3 of the

International Convention on the Suppression and Punishment of the Crime of Apartheid &

directly abated the crime against humanity on the Clemon Population not just I. the Rosebud

Province but also in other parts of the country. The operation violated Art. 2(a)(i), 2(a)(ii) &

2(b) of the International Convention on the Suppression and Punishment of the Crime of

Apartheid.

Furthermore, according to Art. 33 of the ICC, the fact that a crime has been committed by a

person pursuant to an order of a Govt. or of a superior, whether military or civilian, shall not

relieve that person of criminal responsibility unless:

● The person was under a legal obligation to obey orders of the Govt. or the superior in

question;

● The person did not know that the order was unlawful; and

● The order was not manifestly unlawful.

In the light of the above-stated facts, it is humbly requested that TechAnon should be held

liable owing to the verity that he not just provided technological assistance but provided the

sheer weapons to RAF which was being used for committing multifarious crimes.
 TechAnon Count 2

ISSUE-1

Whether TechAnon is liable for leading the dissemination campaign on Rosebud

Hospital and its medical personnel as part of the RAF’s attack with regard to

‘Operation Dark Horse’.

¶ It is humbly submitted that TechAnon cannot be held liable in view of the fact that he led

the campaign under the misconception that the object to influence behaviour and turn people

against the Rebellion was legal since he got reassurance that such operations have long been

a part of armed conflicts. He received the request claiming that the Rebellion Movement is a

terrorist organization planning to destroy the Kingdom of Rufus. Further, he was not

intending to cause taking away of lives and could not anticipate the conduct of RAF with

respect to the artillery strikes.

In correspondence to the defined laws, crime is defined as an act or an omission i.e., actus

reus and a mental state i.e., mens rea. Criminal responsibility relates to the mental state

element of a crime where there is anticipation of result or an expectation of the outcome.

According to Art. 25(3)(d)(i) of the ICC, the knowledge of the intention of the group to

commit crime is essential & the above facts show that TechAnon had all intention to abide by

the law & that he nor the organization he represents had any mal intention.

¶ The kingdom approached TechAnon during their ongoing conflict with the Rebellion & to

use technology to overcome this crisis of national security. Techmenia, the Hacktivist group

provided various tech support to neutralize the Rebellion. The tech used was in general to
identify the Rebellion based on the common characteristics of the members of the Rebellion.

We only had the intention to neutralize the Rebellion and not attack entities carrying symbols

as per the Geneva Convention. However, it is to be noted that from Gaza to Yamen to

Rosebud terror organizations have started misusing these neutral places/entities in confidence

that they can fly under the radar & our system is unsure that these strategies of the Rebellion

do not pan out as they intended.

¶ As stated in Para 40, TechAnon had asked for clarification regarding the legality of the

dissemination campaign & Lt Gen Crendle reassured that information operations have long

been part of armed conflict & that TechAnon had nothing to worry about. The same legal

clarity was sorted for reassurance of the safety of civilians & legality in all strategies & Lt.

Gen. Crendle reassured that the operations supported by Techmania are the safest possible

option to reduce civilian causalities & that these strategies have been part of customs-related

to warfare.

¶ It is to be noted that the Republic of Dave has acted in aggression by supporting the

Rebellion to carry out an armed attack & provoke the Kingdom of Rufus into an armed

conflict, by this act they violated Art. 3(g) & Art. 5 of the UN Resolution 3314(XXIX) & the

Kingdom with the Support of the Group only acted in self-defense as per Art. 6 of the same

resolution.

Lack of Malice in Actions

As stated u/a 25(3)(f), a person is said to attempt to commit a crime if he takes actions which

commence its execution by means of a substantial step, however, the crime does not occur

because of circumstances independent of the person’s intentions. Furthermore, a person who

abandons the effort to commit the crime or otherwise prevents the completion of the crime

shall not be liable for punishment under the Statute for attempt to commit the crime if that

person completely and voluntarily gave up the criminal purpose.

As detailed in the facts ever since the coronation of King Rufus IV the Kingdom has made

policies to bring the marginalized members of the Rufus society to the mainstream. To bring

changes in the marginalized area, it gave more autonomy to the Rosebud Province, where the

federal government only had control over Defense, Foreign Affairs, & Trade. Various anti-

discriminatory legislations were passed by the legislature to ensure that the Clemons or any

other marginalized community in Rufus is not left behind in the Kingdoms efforts to

development & a brighter future.

¶ The Republic of Dave claims sovereignty over the ClemRocks, a site that is considered

Holy by the Clemons, only for economic exploitation of Lake Veena, Clem Rocks, & the

Clemon People who are the Aboriginals of the area, as these rocks hold the largest gold

reserve in the world. When the monarch changed the policies towards the Clemons it spooked

the Republic & they colluded with Jenna Tuck & anti Rufus elements to spark civil unrest in

the Kingdom & to stake control over its natural resources & destabilise the Kingdom.

Aggression

Lack of Control

¶ In 1977 it was agreed by the Republic & the Kingdom to appoint an arbitrator to resolve

their dispute pertaining to ClemRocks, the Pannel awarded sovereignty over ClemRocks to

the Kingdom of Rufus in 1979. Then the only possible way for the Republic to now claim

sovereignty over ClemRocks is by Rosebud Province acceding to the Republic. And that is
possible only when the Clemon People losses trust in the Kingdom & see a future in the

Republic, for that to happen the Kingdom must go through a face of crisis & destability or

Civil War.

¶ The repercussion of the civil unrest resulted in the Kingdoms economy coming to a collapse

& to save the economy & save the population from the negative repercussion of economic

collapse the Rufus government was forced to give the Republic of Roco mining rights to

ClemRocks. The extraction was to be done in a manner where in little to no damage is felt on

ClemRocks, as the site is Holy for the Clemons & needs to be preserved.

¶ Operation Dark Horse was a part of a larger military strategy to weaken the Rebellion & to

neutralize them with minimal civilian & military causalities while also reducing collateral

damages. The operations intention was dissemination of information, via internet & other

media sources using technology, to ensure that the Rebellion losses support of the Clemon

People, this will ensure that civil unrest is brought down & the perpetrators are prosecuted in

a court of law.

¶ To achieve the goal of ensuring the rebellion losses support of the Clemon people a strategy

of Deception & Decapitation was used. Where the tech team used the military intelligence

received by the Maj. Gen. Escobar to create a rift between the Clemons & the Rebellion. And

as noted in Para 42, 43, & 45 the dissemination campaign was successful in creating a rift

between the Celmons & the Rebellion.

In the light of the above-stated facts, it is humbly requested that TechAnon should not be held

liable owing to the verity that he did not have malice and the explosion that caused killings of
individuals could not be anticipated by him. There is nothing to establish substantial grounds

to believe that his actions had any impact or nexus with the killings of individuals.

ISSUE-2

Whether TechAnon can be held liable for contributing to the commission of the crime

or attempted commission of the crime based on Individual Criminal Responsibility

under Article 25(3)(d) in conformity with Article 8(2)(e)(ii) of the Rome Statute.

¶ It is humbly submitted that TechAnon cannot be held liable owing to the fact that the

circumstances confronted by him negates the mental element requirement. His purpose was

not to commit the crime but to assist the military and government in protecting the interests

of the civilians of their nation.

In accordance with the stipulation of Individual Criminal Responsibility u/a 25(3)(d) of the

Rome Statute, a person shall be criminally responsible and liable for punishment for a crime

if that person contributes to the commission or attempted commission of such a crime by a

group of persons acting with a common purpose. Such contribution shall be intentional and

made either:

● With the aim of furthering the criminal activity or criminal purpose of the group,

where such activity or purpose involves the commission of the crime; or

● In the knowledge of the intention of the group to commit the crime. --

¶ In accordance with Art. 25(3)(d), the common purpose of the group must be illegal & the

private individual or group shall play a vital role in furtherance of the commission of the

crime with an intention to commit a crime. Hence it is necessary to understand the

circumstances of the events that has taken place while also examining the facts agreed upon.

¶ Art. 25(3)(d)(i) clearly states that there must be an aim of furthering criminal activity or

criminal purpose of the group. To justify the acts of our hacktivist group we would like to

state our intention as a group was not malice. Techmania is a famous hacktivist group known

for its activities throughout the region to achieve social change through unconventional

methods, i.e. social upliftment of marginalised sections of society & creating a positive

impact in society. The group was formed by its leader, TechAnon and is comprised of highly

skilled tech professionals specialising in information communication technology, AI and

social media & using it to create a social change in the positive direction. Here by helping the

Rufus government was to stabilise the region & put an end to the armed rebellion

emboldened by the resources provided by the Republic.

With regard to criminal responsibility, a person shall be liable only if the material elements

are committed with intent and knowledge, as stated u/a 30(1) of the Statute. Further, in

accordance with Art. 30(2), a person is said to have intent where:

● In relation to conduct, that person means to engage in the conduct;

● 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.

In accordance with Art. 32(1), a mistake of fact shall be a ground for excluding criminal

responsibility only if it negates the mental element requirement by the crime. Further, a
mistake of law also shall be a ground for excluding criminal responsibility u/a 32(2) if it

negates the mental element requirement by such a crime, or as provided for in Art. 33.

In accordance with Art. 8(2)(e)(ii), the meaning of ‘war crime’ would be the other serious

violations of the laws and customs applicable in armed conflicts not of an international

character, within the established framework of international law, namely:

● Intentionally directing attacks against buildings, material, medical units and transport,

and personnel using the distinctive emblems of the Geneva Conventions in

conformity with the international law.

In accordance with Art. 8(2)(f) of the Rome Statute, Art. 8(2)(e) applies to armed conflicts

not of an international character and thus does not apply to situations of internal disturbances

and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar

nature. It applies to armed conflicts that takes place in the territory of a State when there is

protracted armed conflict b/w governmental authorities and organized armed groups or b/w

such groups.

As stated in Art. 8(3), nothing in paragraph 2 (c) & (e) shall affect the responsibility of a

govt. to maintain or re-establish law & order in the State or to defend the unity & territorial

integrity of the State, by all legitimate means.

¶ Fabian strategy of attrition warfare & denial was used to destroy the storage facility of the

Rebellion where they stored their arms & ammunition illegally imported from the Republic

of Dave to be used to destabilize the Kingdom. Attrition & Denial are the wearing down of
the enemy while also avoiding pitched battles or frontal assaults to the point of collapse

through continuous loss of personnel & material to destroy the enemy’s ability to wage war.

¶ Operation Silver Fox & Archie the TechBot system were used to neutralize the enemy by

way of cutting communications between the Republic & the Rebellion. Operation Silver Fox

was a strategy of Defense in depth that delayed rather than prevent the advances of the

attackers by buying time & causing additional casualties. & Archie the TechBoat was part of

a greater part of Battle of Anhelation. Both these strategies helped to put in place a kind of

Siege over the Rebellion.

¶ ProjectIntegr8 was used by the Kingdom to reintegrate the members of the Rebellion to

Rufus society & bring Techmania members like Snowy Allen to justice for espionage. The

Project has been in use in the Republic of Dave to monitor prisoners who were deemed fit to

re-enter society.

In the light of the above-stated facts, it is humbly contended that TechAnon cannot be held

liable since there are no sufficient evidences or inferences which can prove his criminal

liability beyond reasonable doubt as required under the international criminal law.
 Summary of Pleadings

Prosecutor Count 2

ISSUE-1

Whether TechAnon is liable for leading the dissemination campaign on Rosebud

Hospital and its medical personnel as part of the RAF’s attack with regard to

‘Operation Dark Horse’.

It is reverentially contended that TechAnon is liable for leading the dissemination campaign

on Rosebud Hospital owing to the fact that falsehoods ranging from selective reporting of

facts, deliberate mischaracterization of certain events and adversaries, or even plain

fabrication and lies constitute a breeding ground in which incitement to commit violence is

thriven. It needs to be contemplated that the dissemination campaign led by TechAnon

induced immense racially motivated stabbings & killings targeting Clemons. Moreover, the

campaign laid down the groundwork for RAF’s attack on Rosebud hospital killing civilians

including medical personnel, expectant mothers and young children, and hence, he owes the

liability in accordance with the stipulation under the international criminal law.

ISSUE-2
Whether TechAnon can be held liable for contributing to the commission of the crime

or attempted commission of the crime based on Individual Criminal Responsibility

under Article 25(3)(d) in conformity with Article 8(2)(e)(ii) of the Rome Statute.

It is reverentially submitted that TechAnon can be held criminally liable in view of the fact

that the international criminal law covers any sort of contribution to the group, this provision

is applied to indirect forms of assistance as well like financial or technical among others.

While he did not constitute a direct call to commit physical violence, his assistance

nevertheless sowed the seeds for mass atrocities. In the wake of seance, Mr. Ashley not just

provided technological assistance but was providing outright weapons to RAF which was

being used for committing multifarious crimes.

 Prosecutor Count 2

Prosecutor – Unverified intelligence; Purpose was to win the war; War efforts till date;

Influence behaviour against the rebellion; Usage of Techtalk platform; Plan to spread

misleading information of terrorism; Plan to damage reputation by the doctored report;

Suggestion of creating a deep fake video(Rebellion as the enemy); Racially motivated (Based

on race being unfair) stabbings and killings; [Leak of doctored report and publish deep fake

video]; Official false statement by govt.; Stopping people from using the only fully functional

hospital; Unlawful use of force {Artillery strikes around hospital killing individuals

(including medical personnel, pregnant women and young children) caused by large

explosion}.

TechAnon Count 2

TechAnon – Request claiming that the Rebellion Movement is a terrorist organisation

planning to destroy the Kingdom; Purpose was to win the war(Declared by Clemons) through

the campaign; Clarifications were sought on what would it involve; Asked whether the

objective to influence behaviour and turn people against the Rebellion was legal; Basis to

agree in assistance-Got reassurance that such operations have long been part of armed

conflicts; No contribution in artillery strikes.

Laws under Statute

In accordance with the stipulation of Individual Criminal Responsibility u/a 25(3)(d) of the

Rome Statute, a person shall be criminally responsible and liable for punishment for a crime

if that person contributes to the commission or attempted commission of such a crime by a

group of persons acting with a common purpose. Such contribution shall be intentional and

made either:

● With the aim of furthering the criminal activity or criminal purpose of the group,

where such activity or purpose involves the commission of the crime; or

● In the knowledge of the intention of the group to commit the crime.

It is to be noted that u/a 25(3)(f), a person is said to attempt to commit a crime if he takes

actions which commence its execution by means of a substantial step, however, the crime

does not occur because of circumstances independent of the person’s intentions. Furthermore,

a person who abandons the effort to commit the crime or otherwise prevents the completion

of the crime shall not be liable for punishment under the Statute for attempt to commit the

crime if that person completely and voluntarily gave up the criminal purpose.

In addition to other grounds of criminal responsibility, TechAnon is criminally responsible

u/a 28 of the ICC for the crimes committed by Techmania and subordinates under his

effective authority and control as a result of his failure to exercise control properly over them.
In accordance with Art. 28 of the Rome Statute, the superior shall be criminally responsible

where:

● He either knew, or consciously disregarded the information which clearly indicated

that they were committing or about to commit such crimes;

● The crimes concerned the activities that were within the effective responsibility and

control of the superior; and

● The superior failed to take all necessary and reasonable measures within his power to

prevent or repress their commission or to submit the matter to the competent

authorities for investigation and prosecution.

With regard to criminal responsibility, a person shall be liable only if the material elements

are committed with intent and knowledge, as stated u/a 30(1) of the Statute. Further, in

accordance with Art. 30(2), a person is said to have intent where:

● In relation to conduct, that person means to engage in the conduct;

● 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.

In accordance with Art. 30(3), knowledge means awareness that a circumstance exists or a

consequence will occur in the ordinary course of events.

Military necessity is the principle of the law of armed conflict that permits those measures

not forbidden by international law which are necessary to defeat the enemy as economically

as possible.

In accordance with Art. 33, the fact that a crime has been committed by a person pursuant to

an order of a Govt. or of a superior, whether military or civilian, shall not relieve that person

of criminal responsibility unless:

 ● The person was under a legal obligation to obey orders of the Govt. or the superior in

question;

● The person did not know that the order was unlawful; and

● The order was not manifestly unlawful.

In accordance with Art. 32(1), a mistake of fact shall be a ground for excluding criminal

responsibility only if it negates the mental element requirement by the crime.

A mistake of law shall not be a ground for excluding criminal responsibility. However, it

shall be a ground for excluding criminal responsibility u/a 32(2) if it negates the mental

element requirement by such a crime, or as provided for in Art. 33.

In accordance with Art. 8(2)(e)(ii), the meaning of ‘war crime’ would be the other serious

violations of the laws and customs applicable in armed conflicts not of an international

character, within the established framework of international law, namely:

● Intentionally directing attacks against buildings, material, medical units and transport,

and personnel using the distinctive emblems of the Geneva Conventions in

conformity with the international law. --

In accordance with Art. 8(2)(f) of the Rome Statute, Art. 8(2)(e) applies to armed conflicts

not of an international character and thus does not apply to situations of internal disturbances

and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar

nature. It applies to armed conflicts that takes place in the territory of a State when there is

protracted armed conflict b/w governmental authorities and organized armed groups or b/w

such groups.
In accordance with Art. 8(3), nothing in paragraph 2 (c) & (e) shall affect the responsibility of

a govt. to maintain or re-establish law & order in the State or to defend the unity & territorial

integrity of the State, by all legitimate means.

When it is ok for a state to use force

Involves incidents but not confined to it

Lawfulness of collateral damage, and, under IHL

While it is necessary crime in question was committed during an armed conflict, this is in

itself not sufficient-

The crime must be sufficiently linked to the armed conflict. {Techanon was only dealing with

the tech-side of things}

However, this so-called nexus requirement is satisfied if the armed conflict played a

substantial role in the perpetrator’s decision to commit the crime, his or her ability to commit

it, or the manner in which the crime was committed.

In order to define an act as a war crime, it must, besides having nexus to an armed conflict, be

a serious -------

An intentional mental state means that the actor consciously engages in the conduct or his

conscious objective is to bring a particular task or result.

A knowing mental state means that the actor is aware that his conduct is criminal or is aware

that his conduct will bring about a particular result.

A wanton or reckless mental state means that the actor consciously disregarded a substantial

risk that his conduct will bring about a particular result.

A negligent mental state means that the actor is unaware that his conduct is risky or

dangerous, however, a reasonable person in the same situation would apprehend the risk.