Moot memorial international criminal law, Summaries of International Law

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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 THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

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……………………………………………………………………………………….. 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 Environmental 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 THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

VCLT Vienna Convention on the Law of Treaties ICSC Ixanian Cyber Security Centre USV unmanned surface vehicle IHL International Humanitarian Law UNHCHR United Nations High Commissioner for Human Rights THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

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. The Prosecutor v. Sylvestre Mudacumura 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). Sr. No. (^) TREATIES AND CONVENTIONS
11. ADDITIONAL PROTOCOL I TO THE GENEVA CONVENTIONS 16 ILM 1391 (1977).
12. CONVENTION (I) FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD. GENEVA, 12 AUGUST 1949.
13. IV GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF 12 AUGUST 1949
14. ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 1988
15. THE CHARTER OF THE UNITED NATIONS 1945.
16. GENEVA CONVENTION (II) FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA. GENEVA, 12TH AUGUST,1949.
17. GENEVA CONVENTION (IV) RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIMES OF WAR (1949).
18. 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.
19. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 1966.

.

STATEMENT OF JURISDICTION

The Prosecution submits the following dispute to the International Criminal Court by way of verifying the Jurisdiction and Admissibility under Article 12 of the Rome Statute of the International Criminal Court. 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. 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. Ixania has been a quasi-federal republic since 1950, governed in a democratic parliamentary system. And the constitution of Ixania, which came into force in 1954 describes Ixania as secular, democratic republic. 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. The Republic of Muona is a socialist state governed by a people's democratic dictatorship that is led by the working class. Muona and Ixania are two of the major regional powers in Nasia, and are among the fastest growing major economies in the world. In early 2013, Mr. Jim Clipman was elected as the President of Muona and was subsequently re-elected in 2019. Since 2013, border disputes have reemerged to take centre stage in the two countries' mutual relations. In 2017, the two armies got engaged in a standoff at the disputed Ixania-Muona border. Since then, armed standoffs and skirmishes at multiple locations along the entire Ixanian- Muona border escalated. 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. Muonies military incursions into Ixanian territory. that Masenia Province has always been a part of independent Ixania and is internationally recognized as its territory. Ixania remains wary about Muona's strong strategic bilateral relations with Rakista, and Muona's funding to the separatist groups in Northeast Ixania. Muona is actively involved in propaganda campaign against Ixania and supplies ideological financial and other assistance to dissident groups, especially to tribes in north-eastern Ixania. 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 THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

strategy to counter Ixania. 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. In March 2020, The attack on part of Ixania’s electricity grid left 7,40,000 people in the Caniga, the capital city of Ixania without power for 60- 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. 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. Health care sector was also affected by the cyber operations, that disrupted hospital computers and life-saving treatments amidst the peak of the pandemic. 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 certainly” behind the attacks. 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 unmanned surface vehicle (USV) ‘Ocean hunter’. 11th October 2020, at around 8pm an oil tanker MV Sitra was hit by a missile launched by ‘ocean hunter’. The missile attack and explosion claimed the lives of 18 crew members and it sank having spilled 2,60,000 metric tonnes of crude oil into the Ixanian sea. The oil spread quickly through the Ixanian coastline over an area of 175 km. As per the war analysis it is stated that Muona had deployed ‘ocean hunter’ without sufficient testing and trials. Eventhen the border skrimmish continued in the Masenian Province and On 6th September 2021, Prime Minister Frankman, referred the situation to the International Criminal Court (ICC). 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. On 14th March 2021, the ICC issued an arrest warrant against President Clipman. Later that day, President Clipman was arrested at an airport inDhupan 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 trail. 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 before the Hon’ble International Criminal Court that Muona is to be held liable for planning and executing a highly strategic move by intruding the Masenia Province and has clearly violated the International Statute. ISSUE II: MUONA’S INTENTIONAL LAUNCH OF ATTACK TO CAUSE INCIDENTAL LOSS TO CIVILIANS OBJECTS AND LONG TERM DAMAGE TO THE ENVIRONMENT In the present case Muona has developed a USV called the Ocean Hunter, and also positioned a ferrous dome, an air defence system to destroy short range rockets, and MV Sitra Ixania’s Tanker was hit by the missile launched by the Ocean Hunter, which claimed lives of 18 crew members and has caused long lasting damage to the Natural Environment of Ixania by way of Oil contamination. ISSUE III: MUONA’S CYBER ATTACK ON IXANIAN’S CIVILIAN OBJECTS AN INTENTIONAL WAR CRIME It is humbly submitted that Muona is behind all the Cyber Attacks taken place aginst Ixania where more than 7000 websites, including websites of Ixanina Parliament, ministries, defense and high tech companies were hacked to obtain confidential data and it was confirmed by the Ixanian Cyber Security Centre that the cyber attacks were initiated from the territory of Muonaa THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

PLEADINGS

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

IXANINAN TERRITORY A HIGHlY STRATEGIC MOVE AND VIOALTION OF THE STATUTE

1. Prosecutiion submits that Muona’s intrusion in the Masenia Province of the Ixaninan Territiory is a highly strategic move and a violation of the statute. Republic of Ixania is a country to the south of continent Nasia, it is 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. There is a tense relationship between Ixania and Muoana. Both the nations have gone to war two times in 1966 and 1999 and both these wars were fought over the disputed territory of Masenia province Since 2013, border disputes have remerged to take centre stage in the two countries' mutual relations. In 2017, the two armies got engaged in a standoff at the disputed Ixania-Muona border. Since then, armed standoffs and skirmishes at multiple locations along the entire Ixanian- Muona border escalated. In summer 2019, the Muonese Liberation army (MLA) infiltrated 129 km inside the disputed Masenia Province, and in a serious clash that followed the intrusion it resulted in the death of 370 Ixanian Soldiers. A. WHETHER NON SIGNATORIES CAN BE TRIED WITHIN THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT Even in the absence of state consent, the Pre-trial Chamber (PTC) of the ICC chose to initiate prosecutorial proceedings against states not party to the Statute, as seen most recently in the cases of Myanmar and Israel. Art.12(2)(a)^1 (^1) Volume 52 Issue 4, Cambridge University Press, Journal of Southeast Asian Studies , Voliume 52, Issue 4, December 2021/10.1017/S0022463421000977. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

ICC Statute states that the Court would have jurisdiction over a crime if the State on the territory of which the conduct in question occurred. the widely accepted objective territorial principle deems any crime to fall within a State’s territorial jurisdiction if any constituent element of such crime, including its consequences, occurs on that State’s territory^2 In February this year, the PTC announced that the ICC may exercise jurisdiction over territory occupied by Israel since 1967, namely, West Bank, Gaza and East Jerusalem, to investigate potential war crimes. Israel, in this scenario, is not a state party to the Statute. In the Myanmar case, the PTC held that, in the case of deportation, only one element of the alleged crime must have taken place on the territory of a state party to the Statute. The PTC was of the opinion that the crime of deportation was one that was “inherently transboundary” in nature, and for deportation to have occurred there needs to be a crossing of international borders. In this case, the Rohingyas were deported to Bangladesh, a state party to the Statute, and the PTC held that the preconditions to the exercise of jurisdictions, pursuant to Article 12(2)(a) of the Statute, were fulfilled. This decision in effect extended the jurisdiction of the ICC over the non-party state of Myanmar, not only for the crime of deportation but also for the crime of forced persecution and other crimes. In the same judgment, two important points were set forth by the ICC. First, the ICC held that “There is no question that this Court is equally endowed with the power to determine the limits of its own jurisdiction” under the doctrine of la competence de la competence or Kompetenz- Kompetenz, which states that a court has the jurisdiction to determine its own jurisdiction. The second major point was the fact that a part of the conduct in question took place on the territory of a state not party to the Statute does not disqualify the ICC from exercising its jurisdiction on such a state, because such a restrictive interpretation of Article 12(2)(a) of the Statute would be contrary to the objects and purposes of the Statute^3. (^2) The States Parties to The Rome Statute, Cour Penale Internationale, W.A. Schabas, The International Criminla Court: A Commenatary To The Rome Statute (2010). (^3) Rome Statute of the International Criminal Court, Rome on 17 July 1998, Uniuted Nations Treaty Series, Vol.2187, No. 38544. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

The ICC has previously held that when Article 21(1)(a) of the Statute is silent on a particular matter, Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) must be contextually read to help with interpretation. Articles 31 and 32 of the VCLT provide the guidelines for interpretation of treaties. Article 31(1) states that treaties must be interpreted keeping in mind their objects and purposes. In The Case Of The Prosecutor V. Omar Hassan Ahmad Al-Bashir, it has clearly reffered to the power of jurisdiction of ICC The ‘Decision under article 87(7) of the Rome Statute on the noncompliance by Jordan with the request by the Court for the arrest^4 and surrender of Omar Al-Bashir’ is unanimously confirmed to the extent that Pre-Trial Chamber II found that the Hashemite Kingdom of Jordan had failed to comply with its obligations under the Statute by not executing the Court’s request for the arrest of Mr Omar Hassan Ahmad Al-Bashir. Resolution 1593 gives the Court power to exercise its jurisdiction over the situation in Darfur, Sudan, which it must exercise ‘in accordance with the Statute. This includes article 27(2), which provides that immunities are not a bar to the exercise of jurisdiction In accordance with the provisions of the Statute, there are specific instances where the ICC can try nationals of a state that is not a party to the Statute, such as when a crime under the Statute is committed on the territory of a state party. Provisions such as these make it abundantly clear that the ICC operates on the basis of a restricted jurisdiction and not one of universal jurisdiction. Such a proposal, made by Germany and Korea was expressly rejected by the other countries in establishing the ICC. B. MUONA’S ACTION VIOLATED THE ROME STATUTE. Under international law, states have a responsibility to investigate and appropriately prosecute (or extradite for prosecution) suspected perpetrators of genocide, war crimes, crimes against humanity, and other international crimes. The ICC does not shift this responsibility. It is a court of last resort. Under what is known as the “principle of complementarity,” the ICC may only exercise its jurisdiction when a country is either (^4) The Prosecutor V. Omar Hassan Ahmad Al-Bashir, ICC-02/05-01/09 4 March 2009 and 12 July 2010. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

unwilling or genuinely unable to investigate and prosecute these grave crimes. This includes when a citizen of a non-member country commits war crimes, crimes against humanity, and genocide on the territory of an ICC member country The Chinese position on the crime of aggression was favourable, subject, however, to two conditions: first, there should be a precise definition of the crime; and secondly, there should be a link with the Security Council of the United Nations. For such crimes over which there was as yet no consensus, they should be deferred to a future review conference. This is duly recognised in the Rome Statute. Although China has not yet ratified the Rome Statute, it is emerging as an important supporter of the ICC. China was very active in the process of drafting the Rome Statute crime against humanity The Prosecutor v. Maxime Jeoffroy Eli Mokom Gawaka^5.. The Rome Statute established the new International Criminal Court (ICC) to bring to justice persons accused of the worst crimes known to humanity: genocide, crimes against humanity and war crimes, which is exactly what Muona has committed. Muona has clearly violated Article 8 bis (2)(a) of the Rome Statute as their action of crime of aggression of invasion or attack by the armed forces of the territory of the Ixania’s Masenia Province and also for having the military occupation it may be temporary but its effect is surely not temporary as the result of the first border dispute in 2019 where the Muonese Liberation Army infiltearted 129km inside the disputed Msenia Province, where in the serious clash that followed the intrusion, the Muonese Army was completetly pushed backed by the end of 2020mresulting in the death of 370 Ixanina Soldiers and 422 Muonies soldiers and many thousands injured from both sides, this action how inhumane Muona is as it does not even care about the life of its own soldiers, then what can be the plight of the other country with whom they are having the dispute, the result is that in February 2020 a huge cyber-attack was carried out against Ixania, which knocjked out more than 7000 websites, including websites of the Ixanian Parliament, its ministries and their defence and high tech companies, public service portals and allowed hackers to obtain confidential data and In March 2020, counts of crimes aginst humanity , and 6 counts of crimes , attacks against , a civilian poppulation, destruction of property, allegedly committed , The Prosecutor v. Abdel Raheem Muhammad Hussein 6 The attack on part of Ixania’s electricity grid left 7,40,000 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 (^5) The Prosecutor v. Maxime Jeoffroy Eli Mokom Gawaka, case against humanity. (^6) The Prosecutor v. Abdel Raheem Muhammad Hussein ICC-02/05-01/ THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

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. II. MUONA’S INTENTIONAL LAUNCH OF ATTACK TO CAUSE INCIDENTAL LOSS TO CIVILIANS OBJECTS AND LONG TERM DAMAGE TO THE ENVIRONMNET In the instant case damage to the natural environment is a constituent element of the war crime underArt.8(2)(b)(iv) and Muona has clearly violated Article 8 (2)(b)(i) by intentionally directing attacks against the civilian population as such or against individuals, Muoana attacked the civilians and it clearly is a war crime and it has been clearly mentioned in the Rome Statute and which is mainly Crimes against Humanity. In contrast with genocide, crimes against humanity do not need to target a specific group. Instead, the victim of the attack can be any civilian population, regardless of its affiliation or identity. Another important distinction is that in the case of crimes against humanity, it is not necessary to prove that there is an overall specific intent. A. MUONA GUILTY OF KILLING 18 CREW MEMBERS OF MV SITRA, A HENIOUS CRIME INDEED Prosecution submits that, for the purposes of Art.12, the terms conduct and crime are synonymous. The ICC Statute uses the term ‘conduct’ in two distinct forms. The first is as a component of a crime, as indicated above. Such usage is found in Art.30. The second is to denote the entire set of facts concerning a crime, inclusive of its consequences, and can be found in Muona had positioned, an indigenously developed autonomous unmanned surface vehicle (USV) ‘Ocean hunter’ within its maritime zone. Its functions included reconnaissance, surveillance 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 and this system capable of being controlled without human guidance, using optical guidance and radar to avoid hitting obstacles or other watercraft. However, firing decisions remain with human on the loop which is one major point to be noted which acts as an evidence to prove the intentional attack on the civilians of ixania THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

which resulted in killing 18 crew members of MV Sitra and Captain Vin Padro was assigned the full responsibility of monitoring and operating Ocean hunter and finally On 11th October 2020, at around 8pm an oil tanker MV Sitra was hit by a missile launched by ‘ocean hunter’. The tanker was only 12km of the coast from Ixania, and was about to complete its 11,000 km journey from Gubain to Arcacia port in the southern coast of Ixania, when it was hit and exploded. At the time of sinking, she was owned by the Ixanian Shipping Company and flying the flag of Ixania. The missile attack and explosion claimed the lives of 18 crew members. Also as per war analysis it is said that Muona had deployed ‘ocean hunter’ without sufficient testing and trials an majorly the point to be noted is that war is not a testing ground For New Weapons. Muona Has Not Shown Any Respect And Interest In Keeping Up With The Geneva Convention For The Amelioration Of The Condition Of Wounded, Sick And Shipwrecked Members Of Armed Forces At Sea Of 12 August 1949, therefore violating Article 1 and Article 2 of the above provision and Ixanian civilians are bound to be protected by Article 12 of this provision, which clearly mentions that those who are at sea and who are wounded shall be respected and protected in all circumstances. And also as per Article 13^7 which enlists the protected persons can be civilians also. 21 counts of war crimes: murder, cruel treatment of civilians, intentionally directing an attack against a civilian population, pillaging, inducing rape, forced enlistment of children, allegedly committed after 1 July 2002 in Northern Uganda, which was decided in the case Prosecutor v. Joseph Kony and Vincent Otti. B. MUONA HAS CAUSED LONG LASTING DAMAGE TO THE NATURAL ENVIRONMENT OF IXANIA. The missile attack and explosion claimed the lives of 18 crew members. The firefighters from the Ixanian Coast Guard was immediately sent to the scene to control the fire and contain the spreading of oil spill. However, a week after the collision, Sitra Express was still burning, (^7) The Prosecutor v. Joseph Kony and Vincent Otti ICC-02/04-01/05. Representation of the Office of the Prosecutor. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

and finally on 20th October, it sank having spilled 2,60,000 metric tonnes of crude oil into the Ixanian sea. The oil spread quickly through the Ixanian coastline over an area of 175 km. The oil clean-up crew worked 6 days a week on the affected coast line for 8 months. The explosion and oil spill had a huge environmental impact on Ixania. The spill area hosts around 9,300 species, including more than 1,500 species of fish, 700 species of polychaetes, 300 species of birds, 1,500 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^8 , marshlands and fragile marine ecosystems, marine, wildlife habitats, fishing and tourism industries nine counts of war crimes attacking civilians, murder, destruction of property allegedly The Prosecutor v. Sylvestre Mudacumura. Despite massive clean‐up efforts following the oil spills large amount of oil got trapped in the sand on the shore line. 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 the effect of all the above can be measurable for decades even after the event, which is clearly excessive in relation to the concrete and direct overall military adavantagre anticipated in Article 8(2)(b)(iv) of the Rome Statute that is Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated; 2o counts of crimes against humanity, attack on civilian population, destruction of prpoperty in this scenarion the long term damgfe to the natural environment allegedly committed held The Prosecutor v. Ahmad Muhammad Harun. And also In order to constitute a war crime, Art.8(2)(b)(iv) of the ICC Statute requires an attack to cause^9 widespread, long-term and severe damage’ to the natural environment. Although the ICC Statute does not define widespread, long-term and severe damage the identical terms have (^8) The Prosecutor v. Sylvestre Mudacumura, ICC-01/04-01/12, Library Global Justice Monitor, Coalition for the International Criminal Court. (^9) The Prosecutor v. Ahmad Muhammad Harun, ICC-02/05-01/07. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

also been used in the ENMOD Convention and Additional Protocol I to the Geneva Convention. According to the ENMOD Convention^10 , ‘widespread’ encompasses an area on the scale of several hundred square kilometers long-lasting’ indicates a periodof months or approximately a season and ‘severe’ involves ‘serious or significant disruption or harm to human life, natural and economic resources or other assets C. BREACH OF THE GENEVA CONVENTIONS REGARDING THE OIL CONTAMINATION CAUSED BY THE OCEAN HUNTER The Geneva Conventions, in their current wording, were adopted in 1949 (the original Convention was adopted in 1864). There are four related treaties containing restrictions on violence during armed conflict. These are the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field; the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea; the Convention relative to the Treatment of Prisoners of War; and the Convention relative to the Protection of Civilian Persons in Time of War. There are also two Protocols Additional to the Geneva Conventions: relating to the Protection of Victims of International Armed Conflicts (I) and relating to the Protection of Victims of Non-International Armed Conflicts (II). An international armed conflict exists whenever there is a resort to armed force between States Prosecutor v. Dusko Tadi In the instant case Muona has clearly violated the Geneva Conventions^11 i.Article 51 of the Protocol relating to the Protection of Victims of International Armed Conflicts: the civilian population enjoys general protection against danger arising from hostilities and must not be attacked. Attacks on non-military facilities are expressly prohibited; ii.Article 52 of the Protocol relating to the Protection of Victims of International Armed Conflicts. This article concerns civilian objects, i.e., all objects which are not military objectives, stating that such objects cannot be attacked; (^10) UN Documents gathering a body of global agreeements, adopted by 31/72 of the UN Gneral Assembly on 10 December 1976. (^11) Convention on the prohibition of Military or any other hostile use of Environmental modification techniques. Prosecutor v. Dusko Tadi, Iv Geneva Convention Relative To The Protection Of Civilian Persons In Time Of War Of 12 August 1949, Natural Environment. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

iii.Article 3 of the Convention relative to the Protection of Civilian Persons in Time of War stating that persons taking no active part in the hostilities must be treated humanely, without any adverse distinction; iv.Article 32 of the Convention relative to the Protection of Civilian Persons in Time of War prohibits taking any measure to cause physical suffering or extermination. And also in direct violation of Article 56 of Protocol (I) to the 1949 Geneva Conventions, i.e., protection of works and installations containing dangerous forces. The Attack on Ixania’s Oil Tankewr MV Sitra is clearly a breach of Article 18 of the Convention relative to the Protection of Civilian Persons in Time of War (civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack, but shall at all times be respected and protected by the Parties to the conflict. In The Case Of The Prosecutor V. Bosco Ntaganda^12 , observed the term attack The Amici submit that the definition of “attack” as it applies to Article 8(2)(e)(iv)’s prohibition on “intentionally directing attacks^13 against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments hereafter “cultural property and hospitals” should not be narrowly interpreted. The Amici submit that the definition of “attack” should recognize the continuous nature and duration of acts of violence carried out in continuing pursuit of an overall military objective. Hence Prosecution submits that Muona has failed to comply with its due-diligence obligations. III. MUONA’S CYBER ATTACK ON IXANIAN’S CIVILIAN OBJECTS AN INTENTIONAL WAR CRIME 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, defence 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 7,40,000 people in the (^12) The Prosecutor V. Bosco Ntaganda,definition for the term “attack”. Malcolm Shaw, Internationa Law (7th (^) Ed

(^13) Treaties, States Parties and Commentaries, Rome Statute of The International Criminal Court, 17th (^) July 1998. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

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. Healthcare sector was also affected by the cyber operations, that disrupted hospital computers and life-saving treatments amidst the peak of the pandemic. Hackers targeted Montenegro’s government networks, rendering Montenegro’s main state websites and government information platforms inaccessible. Montenegrin officials blamed Russia for the attack^14 A. MUONA IS GUILTY OF CYBER WARFARE The attacks forced the staff to postpone urgent surgical interventions, reroute new acute patients, and reduce some of their other activities. The maximum covid deaths in Ixania was reported to be more than 1 lakhs in the months of February, March and April. 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 certainly” behind the attacks. In a press release held on 16th May 2020, the Prime Minister of Ixania, Mr. Anthony Frankman, condemned the attack particularly on civilian digital infrastructure, hospitals and education systems and termed it as attempt to undermine Ixania’s sovereignty reputed news agencies also reported involvement of Muonese hackers in these cyber-attacks. Assessing the legality of new weapons is in the interest of all States, as it will help them ensure that their armed forces act in accordance with their international obligations. Article 36 of the 1977 Protocol I additional to the Geneva Conventions requires each State party to make sure that any new weapons it deploys or considers deploying comply with the rules of IHL^15 , another point usefully recalled by the Tallinn Manual. (^14) NATO MEMBERS, Organized Crime and Corruption Reporting Project. (^15) 30-11-1998 by Hans-Peter Gasser, Extract from “Interbnational Humanitarian Law: An Introduction”, Henry Dunant Institute, Geneva/Paul Haupt Publishers. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

The Council of Europe Cybercrime Convention prohibits data interference, which is defined as the "intentional … damage[s], deletion, deterioration, alteration or suppression of computer data without right," under Article 4. Data interference is also proscribed under Article 29(2)(a) of the African Union Convention on Cyber Security and Personal Data Protection of 2014, and Article 8 of the Arab League's Arab Convention on Combating Information Technology Offences of 2010^16. The Council of Europe Cybercrime Convention also prohibits system interference, which is defined as the "intentional … serious hindering without right of the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data" (Article 5). This cybercrime is also proscribed under Article 29(1)(d) of the African Union Convention on Cyber Security and Personal Data Protection of 2014. An example of system interference is a denial of service attack Malware (or malicious software) is used to infect target systems in order to monitor them, collect data, take control of the system, modify system operation and/or data, and damage the system and/or data. Article 3(b) of the Commonwealth of Independent States' Agreement on Cooperation in Combating Offences related to Computer Information of 2001 prohibits the "creation, use or distribution of malicious software^17 .This illicit conduct is described as the misuse of devices in the Council of Europe Cybercrime Convention (Article 6)^18. Under Article 6(3), states may reserve the right not to" proscribe the conduct listed under Article 6 with the exception of "the sale, distribution or otherwise making available of a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed, with intent that it be used for the purpose of committing any of the offences established in Articles 2 through 5. In addition, pursuant to Article 6(2) "the production, sale, procurement for use, import, distribution or otherwise making available or possession" of the items listed in Article 6 that are "not for the purpose of committing an offence established in accordance with Articles 2 through 5 of this Convention, such as for the authorized testing or protection of a computer system" shall not (^16) Measures of safeguard,establishment and organisation of the African commision on Human and Peoples’ Rights (^17) European Commission for Democracy through law, done at Minsk, December 8, 1991 and done at Alma Alta, December 21st^ 1991. (^18) The Budapest Convention(ETS No. 185) and its protocols, Council of Europe. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

be criminalized. This Article, therefore, recognizes the dual use of these tools - they could, for example, be used in a lawful manner, and could also be used in an illicit manner. Once the phishing activities work, the email address will become the starting point of a new wave of cyberattacks that pose great threats to national and social security, as well as to the privacy of governments, entities and individuals," The phishing emails would trick receivers to download the files and trick the target to register on the fake email system. When the victim enters the account's password, the phishing website will send the victim's account information to the hackers. When a phishing website is used, it will first show a message like "restricted" or "updating e-mail system." Then, the website will pop up a window asking to log in to the email account again. When this is done, the user will be switched to the fake email login site that the hackers have created. The targeting of the power grids in Ladakh in the middle of the prolonged border stand-off is clearly aimed at sending a political message and signalling that Beijing can open other non-military fronts in the bilateral security competition.^19 Technology has made everyone witness its peak the last decade. While it is amusing how technology could make the world feel connected on the other hand it compliments one with an obvious evil which is the vulnerability of these platforms. Earlier the fear was the existence of a mere virus slowing down the efficiency of the system which has now developed to highly sophisticated software’s which could cause serious destruction not just to the system but to human beings. From being able to leak information thereby spreading rumours and causing panic to hacking someone’s system in order to gain absolute information over all their personal details the list goes on. Although it tends to affect the people in technologically developed countries more the chances of sparing people living in countries which are still not fully developed in technological terms are not negligible. It’s a whole system of interconnected networks. All this has landed cyber security as one of the biggest concerns of the times and unarguably one of the most discussed topics in countries all around the world. The primary concern being the introduction of an international statute to regulate cyber warfare. This exhaustive article helps give one a gist about what cyberspace and cyber warfare means and also examines whether cyber security should be a (^19) Ground Reports by Swarajya Staff,news report.a THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

humanitarian concern and briefs about a few international conventions and reports dealing with the same and further goes on to mention about the challenges that still needs to be given adequate attention with regard to cyber warfare in the international domain. These attacks amount to breach of confidentiality of information which eventually leads to targeted attacks on human right activists or journalists or any such people involved in humanitarian work. There are various treaties with respect to International Aviation Law, International Outer Space Law, Law of the Sea, International Telecommunications convention and the Arms Control Treaties which mentions putting an end to cyber warfare. B. MUONA: CERTAINLY BEHIND THE CYBER ATTACK AND HAS CERTAINLY VIOLATED THE INTERNATIONAL HUMANITARIAN LAW AND OTHER CONVENTIONS 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 certainly” behind the attacks and also various reputed news agencies also reported involvement of Muonese hackers in these cyber-attacks. And there was a press release also held on 16th May 2020, the Prime Minister of Ixania, Mr. Anthony Frankman, condemned the attack particularly on “on civilian digital infrastructure, hospitals and education systems” and termed it as “attempt to undermine Ixania’s sovereignty” and asked Muona “to respects international law". For which Muona never gave a proper reply which shows the guilty reaction for their cowardly crime. And there is enough proof to prove that Muona was the one behind all the attacks and clearly they do have the motive for the cyber attack beacsue Muona has always been targeting Ixania for their advantage, it can be the Masenia province border issue also. These cyber-attacks are seen as an attempt to test and lay the grounds for further operations in the future. We need to remember that sometimes these offensive operations are carried out to distract people from other places that they might be targeting or other activities that might be occurring. There was an increase in cyber offensive operations and incidents around the world in the second half of 2020 especially targeting the healthcare and vaccine space. When vaccine companies are targeted, the motive could be competition. The motivation behind THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION

Stone Panda’s attack against SII and Bharat Biotech’s IT systems was to extract the companies’ intellectual property and gain a competitive advantage. The prolonged targeting of Indian power grid assets by Chinese state-linked groups offers limited economic espionage or traditional intelligence-gathering opportunities. We believe this targeting is instead likely intended to enable information-gathering surrounding critical infrastructure systems or is pre-positioning for future activity. The international Law Applicable to the top and bottom of the range of State cyber activities is relatively clear. At the top end, cyber activities that cross the use of force threshold violate Article 2(4) of the U.N. Charter , violation of of the Charter^20. Some argue that cyber warfare requires the simultaneous use of conventional weaponry, which Muona has already used also. 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) Likewise, the gains made by China by committing cyber attacks^21 greatly outweigh China’s vulnerabilities. China has been able to steal significant amounts of American intellectual property that has jump started its economy at a fraction of the cost to honestly develop that technology, Moreover, the People’s Liberation Army has cyber warfare capabilities that have enhanced China’s military capabilities. The asymmetrical position of the United States as victim to China as thief makes it unlikely that China would sign any meaningful cyber security treaties.^22 Cyber-attacks and their consequences are on top of the agenda around the world. The concern for us, as a humanitarian organization, is that military cyber operations are also becoming part of today's armed conflicts and can disrupt the functioning of critical infrastructure and vital services to the civilian population. Cyber operations during armed conflicts do not occur in a legal vacuum: they are governed by international humanitarian law (IHL)^23. (^20) Anthony D’Amato, Northwestern University-Pitzker School of Law. An Article Report. ICRC Differences in the Law of weaponary applied to a Non-Internantional Armed Conflict. (^21) https://www.icrc.org/en/document/additional-protocols-geneva-conventions-1949-factsheet. (^22) The Rome Statute Of The International Criminal Court: A Commentary , Vol.I(2002). The Oxford Handbook Of International Law In Armed Conflict (2014). (^23) International Covenant On Civil And Political Rights 1966. THE 12TH^ AMITY INTERNATIONAL MOOT COURT COMPETITION