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THE 12

TH

AMITY INTERNATIONAL

MOOT COURT COMPETITION

BEFORE THE TRIAL CHAMBER

INTERNATIONAL CRIMINAL COURT,

AT THE HAGUE

THE PROSECUTOR

(APPLICANT)

v.

JIM CLIPMAN

(RESPONDENTS)

THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION Team code: TC-

TABLE OF CONTENTS

LIST OF ABBREVIATIONS ………………………………………………………

INDEX OF AUTHORITIES…………………………………………………………

STATEMENT OF JURISDICTION………………………………………………..

QUESTIONS PRESENTED…………………………………………………………

STATEMENT OF FACTS…………………………………………………………..

SUMMARY OF PLEADINGS………………………………………………………

PLEADINGS………………………………………………………………………….. I.WHETHER MUONA’S INTRUSION IN THE MASENIA PROVINCE OF THE IXANINAN TERRITORY A HIGHlY STRATEGIC MOVE AND VIOALTION OF THE STATUTE A. WHETHER NON SIGNATORIES CAN BE TRIED WITHIN THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT B. MUONA’S ACTION VIOLATED THE ROME STATUTE. II. MUONA’S INTENTIONAL LAUNCH OF ATTACK TO CAUSE INCIDENTAL LOSS TO CIVILIANS OBJECTS AND LONG TERM DAMAGE TO THE ENVIRONMNET A. MUONA GUILTY OF KILLING 18 CREW MEMBERS OF MV SITRA, A HENIOUS CRIME INDEED B. MUONA HAS CAUSED LONG LASTING DAMAGE TO THE NATURAL ENVIRONMENT OF IXANIA. C. BREACH OF THE GENEVA CONVENTIONS REGARDING THE OIL CONTAMINATION CAUSED BY THE OCEAN HUNTER III. MUONA’S CYBER ATTACK ON IXANIAN’S CIVILIAN OBJECTS AN INTENTIONAL WAR CRIME A. MUONA IS GUILTY OF CYBER WARFARE B. MUONA: CERTAINLY BEHIND THE CYBER ATTACK AND HAS CERTAINLY VIOLATED THE INTERNATIONAL HUMANITARIAN LAW AND OTHER CONVENTIONS CONCLUSION……………………………………………………………………………………….. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

LIST OF ABBREVIATIONS

Art Article Arts Articles AU African Union Doc. Document ECHR European Commission on Human Rights Ed. Editor Edn. Edition Eds. Editors ENMOD Convention on the Prohibition of Military or Any Other Hostile Use of Environental Modification Techniques et al And others EU European Union FARC The Revolutionary Armed Forces of Colombia ICC The International Criminal Court ICJ International Court of Justice ICRC International Committee of the Red Cross PTC Pre-trial Chamber VCLT Vienna Convention on the Law of Treaties ICSC Ixanian Cyber Security Centre USV unmmaned surface vehicle IHL International Humanitarian Law UNHCHR United Nations High Commissioner for Human Rights THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

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THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

• 1. The Prosecutor v. Omar Hassan Ahmad Al Bashir ICC-02/05-01/ Sl. No. CASES CASE No.
• 2. The Prosecutor v. Saif Al-Islam Gaddafi ICC-01/11-01/
• 3. The Prosecutor v. Ahmad Muhammad Harun ICC-02/05-01/
• 4. The Prosecutor v. Abdel Raheem Muhammad Hussein ICC-02/05-01/
• 5. The Prosecutor v. Joseph Kony and Vincent Otti ICC-02/04-01/
• 6. The Prosecutor v. Maxime Jeoffroy Eli Mokom Gawaka ICC-01/14-01/
• 7. Nicaragua v. United States case ICC-01/04-01/
• 8. THE PROSECUTOR V. BOSCO NTAGANDA ICC-01/04-02/
• 9. Bosnian Gencide Case ICJ Rep
• 10. Prosecutor v. Dusko Tadi IT-94-

THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION Sr. No.

BOOKS

1. THE OXFORD COMPANION TO INTERNATIONAL CRIMINAL

JUSTICE (2009).

2. THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL

COURT: A COMMENTARY , VOL.I(2002).

3. THE OXFORD HANDBOOK OF INTERNATIONAL LAW IN

ARMED CONFLICT (2014).

4. G.Werle & F. Jessberger, PRINCIPLES OF INTERNATIONAL CRIMINAL LAW (3RD^ EDN., 2014).
5. MALCOLM SHAW, INTERNATIONA LAW (7TH^ Ed 2017).
6. PHILIPPE SANDS, PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW (2d Ed.2003).
7. J. Pictet ed., COMMENTARY ON THE GENEVA CONVENTIONS OF 12 AUGUST 1949, VOL.III (2004).
8. M.C. Bassiouni, CRIMES AGAINST HUMANITY IN INTERNATIONAL CRIMINAL LAW (1999).
9. O. Triffterer, COMMENTARY ON THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT (2008).
10. W.A. Schabas, THE INTERNATIONAL CRIMINLA COURT: A COMMENATARY TO THE ROME STATUTE (2010).

THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION Sr. No. (^) TREATIES AND CONVENTIONS

1. ADDITIONAL PROTOCOL I TO THE GENEVA CONVENTIONS 16 ILM 1391 (1977).
2. CONVENTION (I) FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD. GENEVA, 12 AUGUST 1949.
3. IV GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF 12 AUGUST 1949
4. ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 1988
5. THE CHARTER OF THE UNITED NATIONS 1945.
6. GENEVA CONVENTION (II) FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA. GENEVA, 12TH AUGUST,1949.
7. GENEVA CONVENTION (IV) RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIMES OF WAR (1949).
8. PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12TH AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS (PROTOCOL I), 8TH JUNE, 1977. 9 PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF NON-INTERNATIONAL ARMED CONFLICTS (PROTOCOL II), 8TH JUNE, 1977.
9. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 1966.

STATEMENT OF JURISDICTION

The Defence submits that According to Article 11(1). The International Criminal Courtdoes not have a definite Jurisdiction to try this case as this case is connected to the issues of crimes that has occurred before the entry into force of the Statute on July 1, 2002. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

STATEMENT OF FACTS

Ixania, officially the Republic of Ixania is a country to the south of continent Nasia. The constitution of Ixania, which came into force in 1954 describes Ixania as secular, democratic republic. Ixania has become a fast-growing major economy and a hub for information technology services, with an expanding middle class. After initially cordial relations with neighboring Rakista, Ixania has disturbed relations with Rakista due to differences in religious and political ideologies. Ixania also has tense relations with neighbouring Muona; the two nations have gone to war two times: in 1966, and 1999. Both these wars were fought over the disputed territory of Masenia province, which is located at the south east corner of Ixania. The Republic of Muona is a “socialist state governed by a people's democratic dictatorship that is led by the working class”. Muona is a one party state led by Muonese communist party (MCP). Although the Muonese Communist Party describes Muona as a "socialist consultative democracy", the country is commonly described as an authoritarian one-party surveillance state. In early 2013, Mr. Jim Clipman was elected as the President of Muona and was subsequently re-elected in 2019. In summer 2019, the Muonese Liberation army (MLA) infiltrated 129 km inside the disputed Masenia Province. In the serious clash that followed the intrusion, the Muonese Army was completely pushed backed by the end of 2020, resulting in the death of 370 Ixanian soldiers and 422 Muonies soldiers, and many thousands injured from both sides. Muona, claims that Masenia Province is ‘inherent part of its territory’ since ancient times. The people in the Province are followers of Muonese Folk religion. It also lays its claim based on the ‘cultural similarity and historical ties’ between Masenia Province and Muona. Both countries have steadily established military infrastructure along border areas including amidst the 2019 Muona–Ixania war. 10.In January 2020, Nesiapost, an international news agency reported that a high-profile secretive meeting was called by the President of Muona, to discuss the strategy to counter Ixania. The details of the meetings and discussions were however not known. In February 2020, a huge cyber-attack was carried out against Ixania, which knocked out more than 7,000 websites, including websites of Ixanian parliament, ministries, defense and high tech companies, public service portals and allowed hackers to obtain confidential data. 12.The Ixanian Cyber Security Centre (ICSC) found out that majority of the attacks were initiated from the territory of Muona and that Muona was “almost dcertainly” behind the attacks. Muona however, denied these accusations of cyberwarfare and called them as an attempt to defame the country. In September 2020, Ixania deployed its armed forced contingent and advanced long range THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

artillery systems in Masenia Province. In response, the President of Muona, Mr. Clipman ordered the deployment of soldiers along the border and also ordered positioning of ‘ferrous dome’ an air defence system designed to intercept and destroy short-range rockets and artillery shells, along the border. Muona also positioned, an indigenously developed autonomous unmmaned surface vehicle (USV) ‘Ocean hunter’ within its maritime zone. Its functions include reconnaissance, survellience and intelligence, surface warfare, electronic warfare, data collection, force protection, armed escort etc. Operationally, the computers drive and control the ship, with human only observing and taking charge if necessary. Muona, however, refuted these allegations. Muona also stated that it has a “right to protect its territorial integrity” and has accordingly acted in self- defense. It further stated that attack on oil tanker MV Sitra was not intentional but was caused due to ‘software error’. Meanwhile the border skrimmish continued in the Masenian Province. Bombardments, artillery shelling and casualties were reported from both sides. On 20th October 2021, the ICC Prosecutor informed both Prime Minister Frankman and President Clipman that they found there to be sufficient evidence to open an investigation. In Response, President Clipman ordered his troops to retreat from the Masenia border and halt the operation of ‘ocean hunter’. 22.On 14th March 2021, the ICC issued an arrest warrant against President Clipman. Later that day, President Clipman was arrested at an airport in Dhupan while in transit to Rakista, where he had a meeting to negotiate a defence deal. He was produced before the Dhupan’s Court which subsequently transferred him to the ICC for trial. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

ISSUES RAISED

-I-

WHETHER MUONA’S INTRUSION IN THE MASENIA PROVINCE OF THE

IXANINAN TERRITORY A HIGHlY STRATEGIC MOVE AND VIOALTION OF THE STATUTE -II- MUONA’S INTENTIONAL LAUNCH OF ATTACK TO CAUSE INCIDENTAL LOSS TO CIVILIANS OBJECTS AND LONG TERM DAMAGE TO THE ENVIRONMNET -III- MUONA’S CYBER ATTACK ON IXANIAN’S CIVILIAN OBJECTS AN INTENTIONAL WAR CRIME THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

SUMMARY OF PLEADINGS

ISSUE I: WHETHER MUONA’S INTRUSION IN THE MASENIA PROVINCE OF THE

IXANINAN TERRITORY A HIGHlY STRATEGIC MOVE AND VIOALTION OF THE STATUTE It is humbly submitted to the hon’ble International Criminal Court that Muona has not caused any intrusion in the Masenia Province, as Muona submits towards the ownership of Masenia Province as it rightfully belongs to Muona, amd thus it is not at all an intrusion. ISSUE II: MUONA’S INTENTIONAL LAUNCH OF ATTACK TO CAUSE INCIDENTAL LOSS TO CIVILIANS OBJECTS AND LONG TERM DAMAGE TO THE ENVIRONMENT For the current issue Muona rejects the allegations made by Ixania and takes the stand to defend its country as a result there was a Ferrous Drone positioned and an Ocean Hunter deployed but the Missile Launch, was caused due to the Software error, as Ocean Hunter functions by artificial intelligence there had been glitch in the system which caused the missile to launch, and this was not intentional. ISSUE III: MUONA’S CYBER ATTACK ON IXANIAN’S CIVILIAN OBJECTS AN INTENTIONAL WAR CRIME Muona denies the allegation of cyber attack as Ixania is not even having sufficient evidence to blame Muona in the very first place, and Muona having to be a powerful country does not have the necessary to condemn the sovereignty of another country nor does Muona intends to commit such cowardly act. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

PLEADINGS

I.MUONA’S INTRUSION IN THE MASENIA PROVINCE OF THE IXANINAN

TERRITORY IS A HIGHLY STRATEGIC MOVE.

1. Ixania, officially the Republic of Ixania is a country to the south of continent Nasia. It is the eighth-largest country by area, the fourth-most populous country in the world. Bounded by the Ixanian Ocean on the south, it shares land borders with Rakista to the west; Dhupan to south west, Chegal to North, and Muona to the east. After initially cordial relations with neighbouring Rakista, Ixania has disturbed relations with Rakista due to differences in religious and political ideologies. Ixania also has tense relations with neighbouring Muona; the two nations have gone to war two times: in 1966, and 1999. Both these wars were fought over the disputed territory of Masenia province, which is located at the south east corner of Ixania. Muona is additionally involved in maritime dispute with Ixania over the maritime zone of Masenia province. Muona, however, claims that Masenia Province is ‘inherent part of its territory’ since ancient times. The people in the Province are followers of Muonese Folk religion. It also lays its claim based on the ‘cultural similarity and historical ties’ between Masenia Province and Muona. The International Criminal Court (ICC), which was established by the Rome Statute in 2002, is a significant development in global governance on human rights. It is the world’s first permanent international criminal court set up to promote the rule of law, ensure the protection of human rights and punish the gravest international crimes. Although China has accepted that the creation of such an institution was a positive addition to the legal architecture of global governance, it has thus far refused to join the ICC^1 A. WHETHER NON SIGNATORIES CAN BE TRIED WITHIN THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT 1 Additional Protocol I To The Geneva Conventions 16 Ilm 1391 (1977). THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

Territorial jurisdiction of a court can be understood as the geographical bounds within which a court has the power to adjudicate. Article 12 of the Rome Statute of the International Criminal Court (Statute) confers territorial jurisdiction on the International Criminal Cour^2 t (ICC) in cases where “conduct in question” was committed on the territory of a state party to the Statute or by a national of a state party. However, in cases where the alleged crime took place on the territory of a state not party to the Statute, the ICC may only exercise jurisdiction if such a state willingly submits to the jurisdiction of the ICC or if the case is referred to the prosecutor by the United Nations Security Council under Article 13(b) of the Statute. The preamble of the Statute states that the purpose of the ICC is “to act against impunity for the most serious crimes of concern to the international community as a whole and which is complementary to national criminal jurisdictions.” However, such power of ending impunity and preventing such crimes is not unrestricted and must operate under “specific, clear and strict conditions of procedure, namely conditions relating to jurisdiction,” thereby implying that the jurisdictional requirement supersedes its objective and purpose. It is a well-established principle of international law that an international tribunal cannot enforce its jurisdiction over non-party states. Article 34 of the VCLT is understood as a provision derived from the principle pacta tertiis nec nocent nec prosunt , which lays down that treaties cannot create any rights or any obligation over a state that has not consented to such rights and obligations. Therefore, the Statute cannot impose any rights and obligations over non-party states. Therefore, the power of the ICC to exercise jurisdiction over a state is contingent on the consent of the state for the same. Bare perusal of certain provisions of the Statute makes it clear that the jurisdiction of the ICC is not universal and may not be exercised in absence of the state’s consent. Moreover, interpreting Article 12(2)(a) in a way that would allow the ICC to exercise jurisdiction over non-party states would mean allowing the ICC to exercise universal jurisdiction, a proposal that was explicitly rejected during the drafting of Article 12(2)(a) by the committee. Moreover, the ICC is founded upon a treaty governed by the Statue. The purpose of the treaty is defeated if the ICC is allowed to exercise jurisdiction over non-party states.^3 (^2) Ms.Leoni Mahanta,ICC, Jurisdictional Issues. Article. (^3) International Criminal Court, Asia-Pacific States. Faculty Publications 2001, Western Reserve University School of Law Scholarly. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

In 2015, a new National Security Law was passed by the National People's Congress which aimed to stifle internal threats, including the activities of the Uyghur population. 36 Article 3 of the new National Security Law defines 'terrorism' in such a broad manner that activities (^4) which fall within the scope of legitimate religious practices in other jurisdictions would otherwise rendered as criminal acts under this legislation.3 7 The National Security Law came under the scrutiny of the UN High Commissioner, Zeid Ra'ad Al Hussein, due to its lack of specificity which left "the door wide open to further restrictions of the rights and freedoms of Chinese citizens, and to even tighter control of civil society by the Chinese authorities than there is already The interest of China in the ICC, however, was not terminated by its refusal to join in 1998. Ever since then, it has maintained a dialogue with the ICC and remained involved in its subsequent developments. China kept a prominent position in the work of the Preparatory Commission, helping to draft the supplementary documents to the Rome Statute. It also regularly participated in the meetings of the Assembly of States Parties as an observer and actively engaged with the discussions of the Special Working Group on the Crime of Aggression. Though a non-state party ineligible to vote in the Review Conference decisions, China sent a delegation to observe the conference and voice its opinions. On many occasions, it explicitly expressed its interest in following closely the continuous evolution of the ICC.^5 As a permanent member of the Security Council, China did not seek to use its veto power to block the Council referrals of situations in Darfur or Libya to the ICC. All these different forms of engagement indicate that China has a consistent and continuous interest in the ICC. The question however remains as to whether China is sufficiently interested in taking a step beyond its current stance of positive engagement as a non-state party and moving towards full participation in the ICC. B. MUONA’S ACTION VIOLATED THE ROME STATUTE. Muona has nowhere violated the rome statute and this question stands null as in the very first place it is to be understood that Muona is not even a Signatory party to the Rome Statutre at all and neither is it liable to abide by the rules of the Rome Statute The insertion of Article (^4) The Rome Statute Of The International Criminal Court: A Commentary , Vol.I(2002). (^5) Doi: 10.22329/Wyaj.V28i1,4488, License. Cc By. 4. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

124 makes little difference to the overall framework, as it applies only to a State party. China, however, expressed concerns at the Rome Conference over the definitions of war crimes and crimes against humanity.18 With regard to the categories of crime that fall under the jurisdiction of the Court, the Chinese delegation pointed out that there was no international convention on crimes against humanity, and that such crimes should be qualified by the condition of armed conflict, as evidenced by the Nuremberg Charter and the Statutes for the ICTY and the International Criminal Tribunal for Rwanda (ICTR).19 The Chinese view on the scope of the category of war crimes seems to have been doubtful. For instance, the Chinese delegation rejected the idea that an attack on UN personnel in peace-keeping operations could, as in the Rome Statute,20 give rise to a war crime, since in those situations the military personnel would be combatants and the others civilians, already. The ICC, established by the Rome Statute of the International Criminal Court ("The Rome Statute"), is mandated to end impunity for the perpetrators of genocide, crimes against humanity, war crimes, and crimes of aggression. State Parties to the Rome Statute are subject to its jurisdiction; however, the United Nations Security Council may refer cases alleging crimes against humanity to the ICC from non-State Parties, thereby granting jurisdiction for that specific case, Muona is not a party to the ICC, and it therefore not subject to the Courts jurisdiction. Additionally, Muona is one of the five permanent members of the UNSC, and as such, has the power to veto any "substantive" resolution or referral to the ICC On the ICC’s relationship with national jurisdiction, China was reluctant to create an international body that could replace or override national criminal jurisdiction. Although China did not veto the primary jurisdiction of the UN ad hoc tribunals over national courts, it resisted yielding its jurisdiction to an international criminal court permanently. The principle of complementarity, which means that the ICC can only act when national court systems fail to do so, then became the major legal device to overcome the above Chinese concerns. China nevertheless has reservations over the way in which the principle of complementarity was eventually implemented in the Rome Statute. Being a permanent member of the Security Council, China has been especially concerned about the ICC’s jurisdiction over the crime of aggression, which is intrinsically linked to role of the Security Council in finding whether an act of aggression has been committed by a state. After the adoption of the Kampala amendment on the crime of aggression in 2010, THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

China cautioned that the ICC’s jurisdiction could compromise the central role of the United Nations and, in particular, the Security Council, in safeguarding world peace and security.^6 II. MUONA’S INTENTIONAL LAUNCH OF ATTACK TO CAUSE INCIDENTAL LOSS TO CIVILIANS OBJECTS AND LONG TERM DAMAGE TO THE ENVIRONMNET Muoa denies all the charges of violating the Rome Statute as according to Article 7(1) of the rome statute as crimes against humanity do need to be linked to an armed conflict. A.MUONA GUILTY OF KILLING 18 CREW MEMBERS OF MV SITRA, A HENIOUS CRIME INDEED Defence submits that Muona is not Guilty of Killing of 18 crew members of MV Sitra .It is a country’s right to protect its territorial integrity and has acted accordingly in self-defense and also the attack on Oil Tanker MV Sitra was not intentional but was caused due to software error. The Prosecutor v. Saif Al-Islam Gaddafi two counts of crimes against humanity allegedly committed in 2011 in Libya, this case against Al-Senussi declared inadmissible before the ICC on due to national proceedings in Libya regarding the same crimes. B. MUONA HAS CAUSED LONG LASTING DAMAGE TO THE NATURAL ENVIRONMENT OF IXANIA. For the current issue Muona rejects the allegations made by Ixania and takes the stand to defend its country as a result there was a Ferrous Drone positioned and an Ocean Hunter deployed but the Missile Launch, was caused due to the Software error, as Ocean Hunter functions by artificial intelligence there had been glitch in the system which caused the missile to launch, and this was not intentional. The below provided data proves that there was a damage caused but not a long lasting one as originally before the attack this was the data that there was forest cover comprises 33.7% of its area. Ixania's wildlife, which has traditionally been viewed with tolerance in Ixania's culture, is supported among these forests, and elsewhere, in protected habitats. Ixania is a habitat for 10% of all mammal species, 16% of bird species, 8% of reptile species, 6% of amphibian species, 13% of fish species, and 6% (^6) Chimene I. Keitner, The Icc And Non-Party States: Consistency And Consensus Revisited, William A. Schabas, An Introduction To The International Criminal Court 20-21 (3d Ed. 2007). Michael P. Scharf, Results of the Rome Conference for an International Criminal Court, 3 AM. SOC'v INT'L L. INSIGHTS 10 (1998). THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

of all flowering plant species. Fully a third of Ixanian plant species are endemic. Ixania also contains six of the world's 34 biodiversity hotspots, regions that display significant habitat loss in the presence of high endemism. Ixania hosts more than six hundred wildlife sanctuaries and twenty biosphere reserves, six of which are part of the World Network of Biosphere Reserves; thirty-five wetlands are registered under the Ramsar Convention. And the damage recorded after the attack is The spill area hosts around 9,300 species, including more than 1,500 species of fish, 700 species of polychaetes, 300 species of birds, 1, species of molluscs, 1600 crustaceans, 6 sea turtles and 34 marine mammals. Thousands of aquatic animals were visibly covered in oil. The environmental impact assessment reported extensive damage to beaches, marshlands and fragile marine ecosystems, marine, wildlife habitats, fishing and tourism industries. And another set of data is based upon a mere unauthenticated report by an unidentified informant which states that It was reported that dolphins and other marine life continued to die in record numbers with infant dolphin dying at six times the normal rate. The report stated that “large scale persistent ecological effects may include damage to coastal wetlands, and reduced dolphin, sea turtle, and seabird populations. Oil contamination may persist in the marine environment for many years after an oil spill and, in exceptional cases such as salt marshes and mangrove swamps, the effects may be measurable for decades after the event. And even the report is unsure about the long lasting damage as the report has clearly used the term “may be” for ensuring the long lasting damage. C.BREACH OF THE GENEVA CONVENTIONS REGARDING THE OIL CONTAMINATION CAUSED BY THE OCEAN HUNTER. The defence submits that Muona has not breached the geneva conventions regarding the oil contamination as in the very first place the oil contamination is the result of a weapon’s software error and thus the missile launch was also not intentional so Muona has not breached any convention at all. Moreover Muona being a party to Genava Convention knows it’ s do’s and don’ts. Also when it comes to protecting ones own country, a country has to do its best in order to defend the country, thus was the Ocean Hunter positioned towards Ixania but the launch was a mistaken one and not of any deliberate intention to harm Ixania. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

III. MUONA’S CYBER ATTACK ON IXANIAN’S CIVILIAN OBJECTS AN

INTENTIONAL WAR CRIME

The recent situation in the world shows that cyber-attacks could be in of the most dangerous threats to international peace and security. Offensive operations in cyberspace present unique challenges to the international legal order which Muona has always respected in integration with the international community and Muona is well aware of the international law applies to the cyber attacks as fundamental crimes under the International Criminal Law. Cyber-attacks challenge the traditional principle of territoriality of international law. The geolocation of the attack is, however, a fundamental step in defining the context of international criminal conduct, for example in the assessment of the existence of aggression, in the definition of a conflict such as the 'International Armed Conflict' or the 'Non-International Armed Conflict' or in the assessment of the territorial jurisdiction of the International Criminal Court and in the present scenario there is no proper evidence to blame Muona. A. MUONA IS GUILTY OF CYBER WARFARE Muona is clearly not gulity of cyber warfare or attack and the allegations made upon Muona stating that a huge cyber-attack was carried out against Ixania, which knocked out more than 7,000 websites, including websites of Ixanian parliament, ministries, defense and high tech companies, public service portals and allowed hackers to obtain confidential data is a false allegation made against Muona. Education system was highly affected by the attack. Databases were leaked from the education institutions primarily containing personally identifiable information of students and their families, including name, date of birth, email address, website user records and credentials and examination results is also a false allegation made against Muona to defame the reputation of the country. It has been already clearly stated by the Ixanian Cyber Security Centre (ICSC) that it found out that majority of the attacks were initiated from the territory of Muona and that Muona was “almost certainly” behind the attacks., which clearly shows that Ixania is not even sure THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

about the quantum of cyber attacks committed byu Muona which obviously is false statement and also their “almost certainly” expression clearly states that they are not completely sure wheather Muona is behind all the cyber attacks which took place in Ixania, and when Ixania is not sure about who committed the attacks, they have no right to blame another country nor can they make us liable for something the country has not even committed in the first place. Allegations when need to be proved in the Court requires proper evidence and not “ almost certainly” evidence. Muona is a socialist state governed by a people's democratic dictatorship that is led by the working class and is a one party state led by Muonese communist party and also a socialist consultative democracy, the country is commonly described as an authoritarian one-party surveillance state and a dictatorship and along with this Muona carries the pride of being the largest economy in the world since 2016. And The MLA is one of the most powerful militaries in the world, consisting of the Ground Force, the Navy, the Air Force, and the Strategic Support Force (SSF). The SSF was established in 2015 with the aim to improve MLA’s ability to fight “informationized conflict” and enhance MLA’s power projection capabilities in space, cyberspace and electronic warfare. Muona does not have the necessary to commit such a cowardly crime by hacking other countries confidential data relating to parliament, ministries, defense and high tech companies, public service portals. There has been no proper attribution itself to identify the attacker Cyber-attacks challenge the traditional principle of territoriality of international law. The geolocation of the attack is, however, a fundamental step in defining the context of international criminal conduct, for example in the assessment of the existence of aggression, in the definition of a conflict such as the 'International Armed Conflict' or the 'Non-International Armed Conflict' or in the assessment of the territorial jurisdiction of the International Criminal Court and Attribution is the ability to identify who attacked a computer network and from 7 what location. The process of attributing a cyber-attack is arguably the most difficult challenge. First, it is not always easy to trace from an IP address to an end-user, as IP addresses are often associated with hundreds of end-users. Second, hackers are generally able to disguise their identity. Furthermore, as Ophardt (2010) notes, cyber-attacks can (^7) Armed conflict in International Humanitarian Law 170302008/icrc/icc. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

occur in several States, such as in the case of botnets that are collections of devices connected to the Internet which, infected with malware, are controlled by the botmaster to carry out DDoS (Distributed Denial of Service) attack and Ixania has failed to identify the real hacker who did this and is falsely blaming Muona keeping the Masenia Province issue. B. MUONA: CERTAINLY BEHIND THE CYBER ATTACK AND HAS CERTAINLY VIOLATED THE INTERNATIONAL HUMANITARIAN LAW AND OTHER CONVENTIONS Muona once again denies to agree to a crime which it has never committed at all, upon the allegations made which states that a huge cyber-attack was carried out against Ixania, which knocked out more than 7,000 websites, including websites of Ixanian parliament, ministries, defense and high tech companies, public service portals and allowed hackers to obtain confidential data. In March 2020, The attack on part of Ixania’s electricity grid left 7,40, people in the Caniga, the capital city of Ixania without power for 60-72 hours. In April 2020, the Ixanian high speed trains and caniga airport, as well as well as Ixania’s central bank, were disrupted after ransomware encrypted hard drives. Flight were suspended and no banking transaction could take place for 48 hours. And also Education system was highly affected by the attack. Databases were leaked from the education institutions primarily containing personally identifiable information of students and their families, including name, date of birth, email address, website user records and credentials and examination results, it shows that Ixania has failed to secure its citizens confidentiality and is totally incapable of protecting and securing its own countries confidential data. When Muona has not committed any crime the question of committing cyber attack does not come up and neither is Muona guilty of violating the International Humanitarian Law and other Conventions also. A similar instance had taken place when Russia first invaded Ukraine in February, it seemed plausible that nearly every cyberattack in the news might be coming from the Russian government. After years of disruptive high-profile Russian cyberattacks, like those targeting the Ukrainian electric grid in 2015 and 2016, the NotPetya attack in 2017, and the Solar Winds compromise in 2020, it seemed almost inevitable that THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

Russia could—and would—exercise its sophisticated cyber capabilities as part of the conflict. This idea was so firmly entrenched that when there was a seemingly unrelated February breach at Nvidia, rumours immediately spread that that Russia might be behind it. In a comparative analysis ,Cyber attacks do not fit neatly into the traditional international framework governing the use of force. The definition of cyber attack remains inconsistent. Some commentators use the term to encompass a wide variety of acts of cyber terrorism and cyber warfare, in such a situation how can Muona be blamed for a crime which has not been defined properly in the first place, Some argue that cyber warfare requires the simultaneous use of conventional weaponry The nature of cyber attacks presents unique challenges to those analogies. Computer malware may be used to attack many different types of assets. Attacks may disable networks and websites, shut down nuclear power plants, or steal intellectual property. A computer virus that shuts down a power grid in the United States can arguably be a crime because it intrudes upon the property of a business and causes it injury. If that same power grid powers a military installation, it could be construed as an act against the military, possibly violating the Law of Armed Conflict (LOAC) Compare the position of the United States to North Korea and China. If North Korea, which possesses cyber warfare capabilities, would shut down an American power grid, it would cause devastating damage to many facets of American life. If the United States did the same to North Korea, would many North Koreans even notice, North Korea would never seek to subscribe to an international treaty curtailing cyber weapons knowing that it would be signing away a tool in its terror arsenal that cannot similarly be deployed against it to much effect Attribution is the ability to identify who attacked a computer network and from what location. This is a technological challenge because attackers have abilities to disguise their identities. Ixania should create a protected class of cyber assets and declare that an attack on any of the listed assets could trigger a military response from the cyber warfare, The list should protect the power grids, air traffic control networks, and other assets that are used for both military and civilian functions and that are instrumental in the public safety. A significant number of challenges await the treaty negotiators that will draft the international framework for cyber warfare. Those challenges, ultimately, will thwart the promulgation of a timely and meaningful treaty, and need to address this confusion, as Cyberspace is highly interconnected by nature. As such, attacks carried out in cyberspace against one State to blame other states, deliberately or incidentally, wherever they are located. Effectively regulating cyber THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

operations during armed conflict is thus of concern for all States, whatever their level of technological development, their military cyber capabilities, or their involvement in armed conflicts. One of the great strengths of international humanitarian law is – as pointed out by the International Court of Justice – that it is designed in such ways that it applies 'to all forms of warfare and to all kinds of weapons', including 'those of the future'. PRAYER Wherefore in light of the issues presented, arguments advanced and authorities cited, the Defence respectfully prays to this Court to adjudge and declare that: I Muona is not gulity for the intrusion into the Masenia Province and for the act of crime of aggression of invasion and also to be held not liable for the death of the Ixanina Soldiers. In pursuance of the Rome Statute. II. Muona need not be penalised for the missile attack, and for not taking proper due negligence for the Ocean Hunter as it was a software error that caused all the missile launch to happen and also not to be held liable for the death of the 18 crew members of M.V. Sitra, and also for causing long lasting damage to the Ixania’s Natural Environment because of the Oil contamination caused by unforeseen missile attack from Ocean Hunter. III. Muona need not be punished for cyber attack as there is no -proper evidence to prove it, and also to declare Mr. Jim Clipman to be free of all the charges. On Behalf of the Defence for Jim Clipman THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION