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(b) Other serious violations of the laws and customs applicable in international
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Conventions;
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3. 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:
responsible;
XXX.
The Elements of Crime provided for Rome Statute of the International Criminal Court
survival:
3. The conduct took place in the context of and was associated with an
As to the first element, Admiral Tony Gusman (Gusman for brevity) deprived civilians of
objects indispensable to their survival. It must be noted in the case at hand that Yukule has 1.5
million population. Fish and other sea products form a significant part of Yukulers diet. Foodstuff
is otherwise mainly imported from nearby countries, but there is a small agricultural production
mainly fruits and vegetable on the island. Through the instruction of Admiral Gusman, the
military established checkpoints in key areas of the island. Restraints were also imposed on the
flow of goods in and out of Yukule. The Military Administration also limited the activities of local
fishermen to 6 nautical miles offshore. Astron vessels routinely patrolled the Yukulean coastline
to deter fishermen from going beyond the prescribed limit. As a result of the imposition of the
order, a boat was fired at 5 nautical miles from shore, resulting in the death of a fisherman. Control
over the importation of goods was also tightened. Admiral Gusman announced that only goods
exclusively used for civilian purposes would be allowed into Yukule. The importation of
construction materials such as cement and steel was sever and strictly scrutinized because of the
fear that those materials will be possibly used by the armed militia. Metal objects, such as tin cans
were also banned, fearing that these metals might be used to make weapons, leading to the result
of local farmers ran short of containers to preserve their food. A range of chemicals including
certain fertilizers and pesticide, which may be used in the production of explosives, were also
banned. The total catch had been halved since the implementation of the control measures on
fishing, and was still decreasing. Local food production had been reduced by a third of its past
level because of the restriction on the import of fertilizers and pesticides. The population then
entirely depend on food import, which is insufficient, to survive on the coming autumn and winter.
For almost 2 months, Gusman announced suspension of all imports including import of
humanitarian aids. Hospitals were likewise observed to have lacked of medical stores and were
not able to maintain their equipment or make necessary repairs which affects the services to the
civilians. Islanders posted numerous complaints about their poor living conditions, the lack of
medical services and medicines on various social media sites. In some cases, especially in remote
areas, a small ailment could develop into serious illness for lack of treatment. A United Nations
Development Programme (UNDP) report stated that damage to sewerage networks and pumping
stations was left unrepaired in which thousands of Yukulers were affected. The report indicated
that the water supply was largely unfit for consumption in Yukule. It is clear that insufficiency
The law provides that it is prohibited to deprive civilians of objects indispensable to their
survival, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock,
drinking water installations and supplies and irrigation works, for the specific purpose of denying
them for their sustenance value to the civilian population or to the adverse Party, whatever the
motive, whether in order to starve out civilians, to cause them to move away, or for any other
motive.1
The ICC Statute, Article 30(2) (b) describes intention as the perpetrator being aware that the
consequence will occur in the ordinary course of events. Gusman being the Commander-in-Chief
of the Armed Forces was aware of the consequences of such actions. It is very clear in the case at
hand that as the effect of the directives of Gusman, the civilians will go short of food or worst will
have nothing to eat. The import and fishing control imposed caused starvation of civilians in
Yukele.
As to the third element, it is undisputed that the conduct took place in the context of and
was associated with an international armed conflict. The association existed where the armed
conflict played a substantial role in the perpetrators decision, in his or her ability to commit the
crime. The connection between the offence charged and the international armed conflict existed
when the acts of Gusman, regarding the import and fishing control imposed in Yukele were taken
1
Art 54 (2), Protocol I
with the view to block the supply of weapons to the local militia and pressure the population to
As to the fourth element, Gusman was aware of factual circumstances that established the
existence of an armed conflict. Gusman was the Commander-in-Chief of the Armed Forces,
The International Committee of the Red Cross reiterated that it is prohibited to set out to
starve civilians as a method of warfare, i.e. the old siege concept. It is also prohibited to direct
attacks against, destroy, remove or render useless objects vital to their survival, such as foodstuffs,
agricultural areas for the production of food, crops, livestock, drinking water installations and
supplies for irrigation works. This prohibition does not apply to objects that are being used solely
by the armed forces or in direct support of military action. Even then, however, if these attacks
would adversely affect the civilian population, i.e. leave it with inadequate food or water, cause
WHEREFORE, the prosecution prays that this Honorable Court, render judgment finding