A.

THE CONFLICT BETWEEN THE TAF AND THE RLF IS AN INTERNATIONAL ARMED CONFLICT

1. The Rennish People in Temeria are Fighting in the Exercise of Their Right to Self-
Determination

Even prior to the independence of the peoples of Greater Temeria, Rennish people
have already been historically subject to persecutio 1 that led to the creation of the Rennish
Liberation Front which is a movement with proponents across the former Greater Temeria,
who were highly active in the struggle for independence prior to and even after 1981. 2

Rennish Temerians have faced discrimination since independence, preventing their

employment in the Temerian public service and restricting their access to public education
and health care. They are unable to take out bank loans without a Temeri guarantor and are
often accused of association with criminal organisations by the mainstream press. 3 After the
truck incident on 2 November 2007 4 and the proclamation of Letha as the President of
Temeria5, Rennish peoples, through the RLF, have been expressing their desire for
independence by using hobby drones to drop “Freedom Fighters” manuals 6 for armed
hostilities against the TAF.7

2. In the alternative, this is an international armed conflict because Lyria has

overall control over the RLF

a. Lyria has a role in organizing, coordinating, or planning

the military actions of the RLF.

The first manifestation of Lyrian control over the military actions of the RLF
was during the dropping of “Freedom Fighters” manuals using hobby drones within
the Rennish community in Velen. In this particular event, a Lyrian intelligence agent
was caught hiding inside a truck filled with said manuals as well as other weaponry.
It can thus be maintained that said manuals were disseminated by Lyria to incite
Rennish people and to strengthen their liberation forces against the Temerian army,
as shown by the fact that these were dropped over the registry stations where many
Rennish people and Temerian officers linger in an effort to comply with the
registration policy of the Lethan government. 8

Ever since this occurrence, the conflict between the TAF and the RLF
violently erupted9 following after the fact that subsequent to Lyria’s declaration that

1
Facts, Par. 2
2
Facts, Par 4
3
Facts, Par. 6
4
Facts, Par. 7
5
Facts, Par. 8
6
Facts, Par. 9
7
Facts, Par. 10-14
8
Facts, Par. 9
9
Facts, Par. 10-12
 the wall construction was considered by it as an act of aggression of Temeria, the RLF
forces began attacking the barricade.10 Lyria had sufficient motive to retaliate against
Temeria in response to its wall construction, by coordinating and planning the
military strategy of the RLF in attacking the TAF and the Temerian Police Force.

In the wake of the brewing coordination between Lyria and the RLF, the
latter eventually developed a system of seniority which means that through Lyria’s
help and support, the RLF became an organized armed force. 11

b. Lyria is responsible for financing, training and equipping

or providing operational support to the RLF.

Lyria has been equipping the RLF with weaponry as shown by the fact that
the rifles and weapons seized by the TAF during its clashes with the RLF were of the
same model as those issued in the Lyrian Defense Force and the serial numbers of
these weapons had also been deliberately erased.12 Add to this, the shell casings
recovered from the aftermath of the artillery fire in halting the construction of the
wall on 27 April 2012 also discloses that the LDF and RLF have the same weapons
systems.13

Red Geralt who is a member of the Lyrian Parliament, together with the
members of the Rennish Freedom Party, a minority party in the Lyrian Parliament,
also financed the operations of RLF and gave donations to field hospitals in the
“liberated zone”14 which is considered as the heart of the RLF operations.15

There are indications that Lyrian funds from its Central Bank had been used
to fund RLF operations. One of these is the operational support given by Lyria to the
RLF in allowing the Skellig mountains, a part of Lyrian territory, as the headquarters
from which the RLF supplies its operations in the City of Velen. Training camps were
also established in said mountains where RLF members get to prepare for their
encounters with the TAF.16 Another is the fact that the RLF, after the siege of Velen,
made attempts to enter the city by dressing up as humanitarian personnel and
bringing with them medical equipment. All of these financial support could not have
been achieved by the RLF if it were not for the use of Lyrian funds RLF members
receive from members of the Rennish Freedom Party.

3. At the time the crimes were committed, Colonel Rivia and his men were aware
of the factual circumstances that established the IAC.

10
Facts, Par. 11
11
Facts, Par. 12
12
Facts, Par. 14
13
Facts, Par. 13
14
Facts, Par. 13
15
Facts, Par. 17
16
Facts, par. 14
 Col. Rivia is the area commander of the TAF in the Liberated Zone. [1] Ever since the
construction of the wall, fight broke out between the TAF and the RLF. One of the indicators
that it was Lyria against whom the TAF was fighting against is the fact that Lyria considered
the barricade as an act of aggression[2] which goes to show that Lyria has motive to wage
conflict against the TAF and it merely uses the RLF as an instrument in the furtherance of its
intent.

It was also discovered, in the course of these fights, that the TAF knew it was actually
fighting against Lyria because not only was it reported by Reuters and Temerian Times that the
RLF and that the Lyrian Defense force have the same weapons systems as shown by the shell
casings they used, but the TAF likewise saw from the weapons they were able to confiscate
after every battle that they are exactly the same as those used by the LDF. The fact that the
TAF saw the serial numbers on the rifles were erased shows that the TAF were aware that
Lyria deliberately tries to conceal the fact that it is indeed them against whom the TAF battles
with.17 This is further supported by the fact that the TAF learned of the reports saying that the
forces their fighting against train and operate its headquarters in Lyria .[4]

Lastly, Red Geralt publicly announced on Youtube that he is the new leader of the RLF before finally resigning as a parliament

member.18 Prior to this revelation, it was already made known to the public that Geralt was already the leader of the RLF while he is still a

member of the Lyrian Parliament. Members of the Rennish Freedom Party in Lyria, of which Geralt is a member, were also involved in the

recuperation of RLF members in the liberated zone.19 A Temerian cabinet member was even the one responsible for the leakage of this

information which makes it inevitable for the TAF to not have any knowledge that it is truly Lyria who they are up against.

Unmistakably, these discoveries indicate that through the course of the warfare
which broke out involving the TAF and the RLF, the TAF knew that it was actually battling not
against their own citizens but against the Lyrian forces no matter how Lyria vehemently tried
to dispel any link with the RLF.20

B. COL. RIVIA IS INDIVIDUALLY RESPONSIBLE FOR THE WAR CRIME OF EXCESSIVE INCIDENTAL
DEATH, INJURY, OR DAMAGE UNDER ARTICLE 8(2)(b)(iv) OF THE ROME STATUTE

1. The war crime of excessive incidental death, injury, or damage was committed
in the Siege of Velen

a. The TAF encircled Velen and cut off vital and essential
supplies to the City of Velen.

By September 2013, the TAF had regained control of nearly half of the “liberated
zone”, and was now able to conduct operations on the southern periphery of the city
of Velen.21 The TAF also attempted various incursions into the city in an effort to
intercept RLF’s supply chain to Velen from the north, and such endeavour succeeded

17
Facts, par. 14
18
Facts, Par. 15
19
Facts, par. 13
20
Facts, Par. 14
21
Facts, par. 17
 on October 2013.22 By January 2014, RLF lost control over a significant portion of
Velen which took a large toll on RLF’s supply chain to the city. The RLF, however,
retained a stronghold in the large Eastern Quarter, where a large number of civilians
also remained trapped without supplies 23.

b. The siege of Velen caused or resulted in clearly excessive

incidental death, injury and damage to the City of Velen

i. The siege of Velen caused incidental (1) death or injury to civilians or

(2) damages to civilian objects.

On 19 October 2013, the TAF Unit 50 established the blanket no-entry no-
exit policy which mandates its forces to “shoot on sight” anyone seen on the
wall.24 This resulted to the death of 1,500 civilians within the city 25 as well
as starvation and damaged infrastructure from the use of explosives in
previous operations. Part of the water mains and sewage system between the
Southern and Eastern Quarters of the city collapsed. There were reports of
cholera outbreaks over the next months26. Due to the TAF incursions into the
city of Velen, high civilian casualties were reported as caused by the use of
explosive weapons in populated areas and the heavy fire around the two
remaining entrances to the city27. Any attempted operations within the city
continued to produce severe casualties both for the TAF and for the civilians
trapped in Velen.28

ii. The deaths, injuries, or damages are clearly excessive in relation to the
concrete and direct overall military advantage.

The population of Velen is 150,000, sixty-percent are Rennish.[5] After

Colonel Rivia announced the effectivity of Directive 66, the occupants of
Velen were given 48 hours within which to evacuate. Out of 150,000 people
in Velen, only 30,000 people were evacuated of which only 2,000 were
Rennish. The remaining 120,000 people, of which around 88,000 are Rennish
were caught in the middle of the crossfire and bloodbath between the TAF
and the RLF.[6] Those who were not fighting with the RLF were left to die. At
least 1,500 mortal remains were recovered[7] The whereabouts of remaining
119,500 are still unknown as the battle persisted. This is clearly excessive in
relation to the direct overall military advantage of the TAF which is merely
cut off the RLF’s supplies in order to force their surrender.[8]

22
Facts, par. 18
23
Facts, par. 25
24
Facts, par. 21
25
Facts, par. 23
26
Facts, par. 22
27
Facts, par. 18
28
Facts, par. 19
 c. Colonel Rivia knew that the attack would result in the clearly
excessive incidental death, injury and damage to the city of Velen.

Colonel Rivia is aware of Velen’s structural design that it is fortified by two rings of
inner and outer walls.[9] He has this knowledge at the time he ordered the siege[10]
and as a result of this knowledge, he knew that building to building fighting would
ensue which means that a high number of casualties is inevitable. [11] Colonel Rivia
also knew that out of 150,000 people of Velen, only 30,000 were evacuated leaving a
sizable civilian population still in Velen to die.[12] Of this 120,000, 1500 mortal bodies
were recovered during only one of the encounters between the TAF and the RLF [13]
which suggests that 119,500 citizens are still at risk of sharing the same fate with
these casualties with a high mortality rate at every fight.

2. Col. Rivia commanded the Siege of Velen with knowledge and intent of the
consequences.

As area commander, Col. Rivia is an officer with command authority to give

authoritative direction over all aspects of military operations.[14] All TAF operations in Velen
fall and were executed under his command, including the Siege of Velen and the numerous
operations therein. Col. Rivia is thus liable for the consequences of the Siege of Velen, namely:
the clearly excessive loss of life or injury to civilians, and damage to civilian objects, because
when he was in command of the Siege of Velen he had both knowledge and intent in relation
to the consequences.[15]

[1] Facts, ¶20.

[2] Facts, Par. 10
[3] Facts, par. 11

[4] Facts, par. 14

[5] Facts, Par. 5

[6] Facts, par. 20

[7] Facts, par. 23

[8] Facts, par. 20

[9] Facts, par. 18

[10] Facst, par. 17

[11] Facts, par. 18

[12] Facts, par. 20

[13] Facs, par. 23

[14] Area command, combatant command (command authority), and command. Office of the Chairman of the
Joint Chiefs of Staff, DOD Dictionary of Military and Associated Terms, (Washington DC: The Joint Staff, June
2019), 19, 40, 43.
[15] Rome Statute, arts. 25, 30.

[D1]This is more suitable for the other element as you have pointed out
[D2]Is this the only fact that would show that Lyria’s government had a direct role of planning or organizing
the RLF?
Organizing, coordinating, or planning must be demonstrated by acts or indications that the RLF were on
material times acting under the direction of the Lyrians. See if we can bolster this some more.
[D3]This is more appropriate for Section A.2. above

For this element, find factual evidence which demonstrate that the TAF believed that it was fighting Lyrians and
not just Rennish Temerians.

(To illustrate, if Chinese Filipinos like me were to rebel to create an independent Chinese state in Binondo, you
would have to show that General Albayalde fought us under the impression that he was not just fighting
rebellious Filipinos of Chinese descent but fighting against Chinese forces supported by China.)