COMMON ELIMINATION- I

International Criminal Court

at
The Hague
The Prosecutor Vs. Mr. Mavej Minnohi
FACTS OF THE CASE
1. Zavaria is a sovereign independent country in the continent of Blakosa. Mr. Mavej Minnohi
was the Prime Minister of Zaveria from 1982 onwards which he took over after the then chief
of military staff led coup could not sustain against the then government. Mr. Minnohi was the
main opposition leader at that time. The post coup political turmoil led to a situation where
Mr. Minnohi emerged as the leader to head the government. From 1982 onwards elections
were held regularly once in five years. However, the other political parties failed to defeat Mr.
Minnohi led Nationalist Party in any of the elections. The opposition parties attribute Mr.
Minnohis success to his corrupt practices, nepotism and the numerical majority of the ethnic
group that he belongs to. They claim that he continued to remain in power with the support
of a group of people from his extended family and the ethnic group he belongs to who were
placed in important positions within the government.
2. Zavaria is rich in oil resources and countrys economy is predominantly dependent on oil
exports which constitute 70 percent of the Gross Domestic Product (GDP). Zavaria since its
inception as an independent state in 1971 continues to have border disputes and tensions
with its neighbours because of historical reasons and ethnic affinity between peoples. More
than its tensions with the neighbouring States Mr. Minnohi started having opposition to his
government internally. Major political opposition was from the Democratic Front constituting
different political parties and it was led by Mr. Ligo Tokino. Mr. Tokino is the president of the
Zavaria Democratic Party (ZDP). Mr. Ligo Tokino belongs to Ikshavu ethnicity whereas Mr.
Minnohi belongs to Hoyila ethnicity. Whenever the Democratic Front raised opposition to the
government, Mr. Minnohi retorted that it was the conspiracy of vested interest groups to
malign the Hoyila ethnicity. The demographic composition of Zavaria is that the Hoyila ethnic
group constitutes 39 percent, Ikshavus constitute 36 percent, Towar ethnicity 19 percent and
remaining are other smaller groups. Zavaria consists of four provinces: Krubia, Nikkoni,
Lavosa and Surimo.
3. Five months before the general elections scheduled for June 2007, the Minnohi
government passed the Public Places Regulation Act on 02 January 2007 which was
intended to regulate the holding of meetings in public places. This Legislation requires
political parties to seek permission to hold public meetings from three layers of authorities
and also empowers the concerned authorities to revoke permission even three hours before
the proposed meeting on the ground of public safety. The Democratic Front gave a call for a
rally against the government demanding revocation of the Public Places Regulation Act,
which, they argued, took away the freedom of speech and expression arbitrarily. This rally
was organised in the city of Mila, capital of Zavaria on 25 February 2007. The police forces

of Mila city cracked down on the gathering when people assembled there refused to
disperse. The police forces resorted to firing, killing five and injuring more than a hundred
people. This led the Democratic Front to give a country wide call to organise protests against
the government. To contain any such mobilisation the police forces arrested 920 members of
the Democratic Front across Zavaria.
4. In June 2007 general elections, the Democratic Front emerged as the winner with majority
seats in the Peoples Assembly of Zavaria. Mr. Tokino was elected as the Prime Minister of
Zavaria. After assuming office, Mr. Tokino removed most of the people from the important
government executive positions who were considered as supporters of Mr. Minnohi. Where
upon, Mr. Tokinos government initiated criminal and anti corruption proceedings against
some of the close aids of Mr. Minnohi and there were rumours of Mr. Minnohi being arrested
for misappropriation of public property. The new government also alleged that Mr. Minnohi
entrusted government funded important infrastructure projects to his supporters, flouting
rules, primarily belonging to Hoyila ethnicity. Fearing arrest Mr. Minnohi went into hiding and
it was suspected that he fled to neighbouring country Pamila. When in power Mr. Minnohi
maintained friendly relations with the Pamilian Prime Minister Mr. Nion Myerere who also
belongs to the Hoyila ethnicity. Pamila is another country where Hoyila people constitute
majority. Hoyila ethnicity people constitute 43% of the population of Pamila. Hoyila ethnic
people live in two other countries in Blakosa continent but in a small minority. Pamila, like
Zavaria also has rich oil resources and 65 percent of its GDP comes from oil exports.
5. On 01 August 2007, Mr. Minnohi spoke to the media in a hideout near the Pamilian border
which was prominently reported by all the newspapers and the electronic media in Zavaria
and Pamila. He said that Mr. Tokino led government was targeting the Hoyila ethnicity
people with an intention to make them incapacitated politically and economically so that
there would not be any challenge to Ikshavu domination in Zavaria. He said that they would
not allow it to happen and he would seek the support of every Hoyila person wherever she or
he is. He also mentioned that many Hoyila people from other countries have already
promised the necessary support. He said that his concern was the welfare of every Zavarian
citizen and through all possible means he would strive for that.
6. On 10 August 2007, there was a bomb explosion in the central market of Mila, however,
there were no casualties. Three days after the incident a press release was issued to the
media which threatened the government with such actions in future if the Ikshavu led
government did not stop targeting Mr. Minnohi and his supporters of Hoyila ethnicity. The
press release was issued in the name of the Hoyila solidarity.
7. Prominent newspapers in Zavaria published a news item on 12 September 2007 based
on the press communiqu that they received. The newspapers reported that an armed
political group was formed with the name Patriotic Resistance Forum (PRF). They further
reported that the press communiqu expressed the strategy of the PRF, i.e., they would
pursue their agenda through armed resistance against the government of Zavaria. However,
they reported that the Communiqu did not clarify what that agenda was. On the morning of
15 September 2007, leaflets were found lying in market places in Zavaria which were
released in the name of the spokesperson of the PRF, Mr. Jose Sintara. The leaflet stated
that the PRF did not recognise the newly elected government and they planned its ousting,
calling it an undemocratic government. The leaflet stated that the PRF would resort to all
possible means towards achieving their objective. The leaflet further mentioned, the PRF

considers that the present government does not represent the will of the majority people of
Zavaria. The aim of the PRF is to overthrow the existing government in the interest of the
people of Zavaria and restore Mr. Minnohi as the Prime Minister who is suffering, in the
hands of the present government, for the cause of the people of Zavaria. PRF appeals to the
democratic minded people of Zavaria to support the leadership of Mr. Minnohi. The PRF
considers it unfortunate that the present government arrested some of the prominent people
of Hoyila ethnicity and it is a clear reflection of the vindictive agenda of the present
government. It clearly shows that a particular community is behind the present government.
We appeal to all Hoyila people to rise to the occasion and regain their glory at any cost,
which may even involve sacrificing your lives. Your preparedness to sacrifice your life would
lead to your victory and others annihilation.
8. In the month of November 2007, in the province of Krubia in western Zavaria, bordering
Pamila, several incidents of armed attack took place targeting the government property. All
the attacks were suspected to have been committed by the PRF. In no instance PRF denied
the allegations. Similar incidents took place in the Nikkoni province which is adjacent to
Krubia province. Krubia and Nikkoni provincial administration councils were headed by the
people belonging to the Nationalist Party of Mr. Minnohi. On 26 December 2007, a major
bomb explosion took place at the entrance of the venue of the Mila International Trade Fair
which resulted in the death of 23 civilians which included three foreigners. On 28 December
2007, the PRF spokesperson informed the media over telephone that the governments
targeting of the Nationalist Party cadres was continuing unabated and their response thereto
was going to be more intense.
9. On 02 March 2008, Mr. Tokino in his address to the nation on the eve of Zavarian New
Year appealed to the Zavarain citizens to remain committed to development, democracy and
rule of law and isolate the divisive forces like the PRF. He requested Mr. Minnohi to abjure
violence and be committed to the rule of law. He also said that it was an unfortunate
situation that some neighbouring countries were interfering in the internal affairs of Zavaria
by harbouring those who were instrumental in creating unrest in Zavaria. He said his
government was determined to protect the sovereignty of Zavaria and was preparing to take
it to the international fora. On 05 March 2008, in response to the media persons questions
on the situation in neighbouring Zavaria and the alleged role of Pamila, the Prime Minster of
Pamila Mr. Nion Myerere said that it was completely an internal affair of Zavaria and it was
for the Zavarian government to deal with it in whatever the way they believed it appropriate.
However, he said that Pamila was concerned that people from Zavaria, mainly Hoyila people
were crossing border and seeking refugee status in Pamila which they were able to
accommodate on humanitarian grounds despite its adverse impact on Pamilas economy,
polity and social cohesion. He said that it was their international responsibility to
accommodate refugees and not an interference in the internal affairs of Zavaria. He further
said that his government believed in rule of law and respect for human rights and whatever
their response to the situation in Zavaria, it would be in accordance with its commitment to
the protection of human rights.
10. On 25 March 2008, in Krubia province, a pipeline supplying oil from oil wells to the
neighbouring countries Miyani and Ohaya was blasted which led to major fire and disrupted
the oil supply. On 30 March 2008 nearly ten thousand people from across the Krubia and
Nikkoni provinces gathered in Waltora, the administrative capital of Krubia province and took
out a major rally in support of the government and condemning violence of the PRF. After the
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rally when they were returning to their respective villages and towns, armed men intercepted
them at different places and took control of hundreds of people. Different newspapers have
reported different numbers ranging from 540 to 660. National Human Rights Commission of
Zavaria requested those involved in the abduction to spare civilians in all circumstances. It
constituted a three member independent enquiry committee into the incident. Ten days after
the incident, 221 abducted civilians, who were mainly elderly men and women, were
released by the abductors. The Krubia Ikshavu Welfare Society organised a public meeting
with the released civilians in which they narrated their experiences. They said that they were
kept confined in a place close to the border with Pamila near a village called Bosno. They
said that for nearly ten days, except water and one time meal of two slices of bread they did
not get anything else. They were continuously abused and tortured by the weapon wielding
men. Many of them said that the young men and women who were confined along with them
were separated from them whose whereabouts were still not known.
11. During the month of April 2008, across Zavaria, leaflets were found thrown in public
places which underlined the need for unity among Hoyila people to counter the attack from
an Ikshavu led government. One of such leaflets found distributed on 25 April in Mila
contained the following statement.
Hoyila people are being subjected to humiliation which they never encountered in history.
Despite being majority we are being ruled by a minority. It is imperative now that our majority
has to be decisive. We should strive through all means possible to increase the gap between
us and our immediate rivals. This has to happen at the earliest. We appeal to all Hoyila
people to be prepared to take part in this effort to protect the self-esteem of Hoyila people.
This victory has to come in decisive manner so that there would not be any challenge to your
supremacy in future. Your numerical superiority should be established in clear terms vis a vis
others in Zavaria. It is for you to deicide the path and PRF is there to support you. Our
leader is in full agreement with this agenda and he is working to gain support from other
neighbouring countries. It is also legitimate and democratic that majority ethnicity people
should govern a country without denying minorities their status.
12. Violence continued in the month of May 2008 and the main target was government
property and the property belonging to Ikshavu people. Zavarian government deployed more
forces on the border with Pamila and mainly in the provinces of Krubia and Nikkoni. On 29
May 2008, Zavarian armed forces claimed to have engaged in firing with nearly 100 weapon
wielding people in civilian clothes in the province of Krubia, near the Pamilian border. The
Zavarian forces claimed that after an hour long exchange of fire fourteen dead bodies were
found lying. The Zavarian forces informed that two of their soldiers also lost lives in the
crossfire. On 31 May 2008, chief of the army of Zavaria apprised the incident to the media at
the Defence Headquarters of Zavaria in Mila. He informed that the fourteen people killed
were Zavarian citizens. He said that all of them were coming from Pamila after their military
training and carried the weapons manufactured in Atoria, neighbouring country of Pamila. He
said that Pamila buys major part of its military equipment and weapons from Atoria. The
weapons found with fourteen people killed reached them through Pamila defence forces.
Thus, he claimed that the Pamila government was aiding and abetting the PRF to create
instability in Zavaria.
13. Majority population of Waltora city belongs to Hoyila ethnicity that constitutes 59 percent
whereas Ikshavus constitute 35 percent. The total population of Waltora is 200000. After the

killing of fourteen civilians who were alleged to have been carrying arms and crossing the
border, tensions started brewing in Waltora. After the telecast of the press meet of the chief
of army of Zavaria on 31 May 2008, several thousand people came on to the streets of
Waltora. They raised slogans against the government, mainly targeting the Prime Minster,
Mr. Tokino. Nearly 350 people were injured when police used force to control the people on
the streets of Waltora. Zavaria defence ministry handed over the fourteen dead bodies to the
families of the deceased on 03 June 2008. On the same morning, PRF issued a leaflet
asking the participation of Hoyila people in the funeral procession that was planned in the
afternoon of the same day. The leaflet read:
It is a moment of grief for all the people of Hoyila ethnicity. Innocent people are being killed
by the Ikshavu led government. The present government wants to eliminate as many Hoyila
people as possible so that Hoyila ethnicity would become a minority community. We appeal
to all of you to resist this and teach a lesson to the enemies of Hoyila ethnicity. It is high time
that we decisively assert ourselves by establishing our majority in clear numerical terms. We
appeal to all Hoyila people to participate in the funeral in large numbers. Our show of
strength should send a clear message to our opponents.
14. Nearly 15000 people participated in the funeral procession that passed through the
main streets of Waltora. During the procession, provocative slogans were raised against the
Ikshavu people. A local leader of the Hoyila ethnicity who was interviewed by the electronic
media told that they were all determined to end the tyranny of the Ikshavu led government
and that they believed that it would be possible only through reminding Ikshavus that they
were in clear minority.
15. Blakosa Cooperation Union, an organisation established for economic cooperation
among Blakosa States appealed to Zavaria and Pamila to resolve the dispute amicably and
prevent the humanitarian crisis. Despite such appeals violence continued mainly in the
province of Krubia. Zavarian government argued that Pamila was instrumental in instigating
violence and without the support of Pamila it was not possible for Mr. Minnohi to train and
coordinate the PRF which involved large scale financial support. Zavaria further argued that
Pamila was instigating sophisticated attacks on the oil pipelines to weaken the Zavarian
economy so that it would gain economically in the international oil market.
16. Meanwhile, Blakosa Human Rights Union (BHRU), a human rights non-governmental
organisation with its branches in all the countries of Blakosa continent came with a fact
finding report which suspected that the people abducted on 30 March 2008 must have been
taken across the border to Pamila where the refugee camps were set up for Zavarian
refugees. The report said that the BHRU Pamila branch had reliable information that the
places near the refugee camps in Pamila were used for mass burial. The report further said
that the Interior Ministry of Pamila refuted such allegations and refused to conduct any
enquiry. The report also revealed that Pamila branch of the BHRU found in their fact finding
that torn shirts, trousers and foot wear were found scattered in the area around a kilometre
away from the refugee camps.
17. On the night of 05 June 2008, nearly 500 armed men in plain clothes blocked the main
road that goes toward the Naropa locality, a residential colony in Waltora. Naropa locality is
mainly inhabited by Ikshavu people. Waltora City Ikshavu Welfare Association office is also
located in an independent building in the Naropa locality. Along with main road, the armed

men also blocked bylanes of the locality that connect it with other parts of the city. They did
not allow anyone to go towards the Naropa locality. During the whole night the armed men
went to as many houses as possible searching for young men. The armed men dragged
them out of their houses and warned other family members not to get out of their houses.
This continued throughout the night without any information coming out of the locality.
18. The paramilitary and armed forces could reach the locality only on the next day morning.
On reaching the locality they encountered fierce armed resistance from the armed men
which led to the killing of 26 armed men and 23 police and armed personnel. Within next two
hours the armed forces could take the locality under their control. By evening 379 dead
bodies were found in different parts of the locality but large numbers were found in the
football ground which is located on the southern side of the locality. Media interviewed family
members of the many of the young men killed. Almost every family had the similar story to
narrate. They explained that the armed men entered into houses and looked for young men
and, if found, were dragged out of the houses. They said they saw them being taken towards
the football ground. There were also several instances of molestation of women.
19. While the paramilitary and armed forces were deployed at the Naropa locality and the
media also being concentrated there on 06 June, market places of Waltora were set on fire
by unidentified men and the city was filled with billowing smoke. On 07 June 2008 media
reported that business establishments owned by the people of Ikshavu community were
targeted. It was reported that many houses of Ikshavus were attacked and young men were
caught and killed. According to the chief of Waltora city police 178 people were killed in
different parts of the city, along with incidents of sexual violence and incidents of rape of 15
women. Targeting young Ikshavu men and women and destruction of property belonging to
Ikshavu ethnicity continued during the month of June 2008 mainly in and around Waltora
city. On 01 July 2008, Waltora City Ikshavu Welfare Society claimed that more than one
thousand people belonging to Ikshavu ethnicity were killed and they were in the process of
accumulating the details of the killed. They said in the press release that it was a clear case
of genocide and the international community should take note of the situation in Zavaria. On
05 July 2008 chief of the Waltora city police informed the media that nine out of the 26
armed men who have been killed in the Naropa locality incident, were found to be the
citizens of Pamila. He said that they confirmed it based on the evidence gathered from the
dead bodies.
20. On 25 July 2008, Zavaria filed a case before the International Court of Justice (ICJ)
against Pamila holding it responsible for the act of genocide alleged to have been committed
against the Ikshavu people in the province of Krubia, in the month of June 2008. After
submitting the application before the ICJ, the ambassador of Zavaria to the Netherlands
informed the media in The Hague that they had sufficient evidence to produce before the
Court to prove that Pamila was responsible for the acts of genocide on the territory of
Zavaria.
21. On 28July 2008 newspapers in Zavaria and Pamila prominently published the interview
given by Mr. Minnohi. They reported that media was invited to a secluded hideout in the
province of Krubia, close to the Pamilian border. In the interview he emphasised that the
incidents that took place in Waltora city in the month of June were not the handiwork of the
PRF. It was a clear reflection of desperation and popular sentiment of the Hoyila people.

22. Meanwhile, on 30 July 2008, the independent enquiry committee which was constituted
by the National Human Rights Commission of Zavaria to enquire into the abduction that
occurred on 30 March 2008 came out with a report which was made public. The report said
that those who were abducted on that fateful day and not released were suspected to have
been killed by the abductors. The report said that the families of the abducted did not have
any information about them for the last five months. However, the report suggested the
government to undertake a search for mass graves and collate the necessary forensic
reports to establish that the abducted were no more. The Zavarain interior minister said, on
01 August, that the abducted citizens of Zavaria must have been taken into Pamila and killed
and buried there as their preliminary investigation did not reveal any mass graves.
23. At the initiative of Blakosa Cooperation Union several rounds of talks took place between
Zavaria and Pamila between August and November 2008. All through these talks, the PRF,
which was not involved in talks, insisted that without the involvement of Hoyila
representatives any solution would not be acceptable to them and they would fight till Mr.
Tokinos government is dethroned.
24. On 05 December 2008, The International Court of Justice (ICJ) delivered its judgment on
the application filed by Zavaria. The Court after analysing the facts of the case in the light of
its own jurisprudence held that Pamila has not committed genocide, has not conspired to
commit genocide or has not been complicit in genocide in Zavaria.
25. In response to the ICJ judgment, the spokesperson of the PRF Mr. Jose Sintara in his
interview to the media on 08 December 2008 said that the ICJ judgment has vindicated that
there was no conspiracy hatched for the commission of any act and it was largely the
spontaneous response of the people in protest against the humiliation suffered by them in
the hands of Mr. Tokinos government. He said that it was, therefore, a political conspiracy by
the government to malign Pamila and individuals like Mr. Minnohi for the acts for which they
were not responsible. He further accused that the National Human Rights Commission of
Zavaria and other bodies were acting at the behest of the government and they lost their
autonomy under Mr. Tokino.
26. On 20 December 2008, the United Nations Security Council passed a resolution
appealing to all the parties to the conflict to resolve it amicably and to prevent any
humanitarian crisis being precipitated.
27. Meanwhile the Prosecutor of the Intentional Criminal Court (ICC) requested the trial
chamber of the ICC to initiate proceedings against some prominent individuals who were
alleged to have committed war crimes, crimes against humanity and genocide on the
territory of Zavaria. The trial Chamber of the ICC issued arrest warrants against some
individuals, which included Mr. Mavej Minnohi. On 04 March 2009, Mr. Minnohi was arrested
by the police forces of Zavaria in a hideout in Krubia province close to the Pamila border. He
was surrendered to the International Criminal Court on 31 March 2009.
28. Mr. Minnohi was charged with the following crimes:
1. The war crime of wilful killing of civilians who were abducted on 30 March 2008 in the
province of Krubia under article 8(2)(a)(i) of the Statute of the International Criminal Court

2. The crime of genocide of killing members of the group for the acts of killing of people in
and around the Krubia province from 05 June 2008 till the end of June 2008, undedr article
6(a) of the Statute of the International Criminal Court.

Other issues of relevance to the case

i. The matter is set to be argued before the trial chamber of the International Criminal Court.
Questions relating to jurisdiction may not be raised unless they are substantially linked to the
merits of the case.
ii. Written and oral arguments on behalf of the Prosecution and Defence are to be confined
to these two charges.
iii. Counsel for both sides are to make arguments with respect to the applicability of the
charges and whether the "Elements of Crimes"(United Nations Doc. PCNICC/2000/1/Add.2
(2000), with relevant parts reproduced here) have been met for each of the two charges.
iv. Counsel are expected to bring to the Court's attention relevant jurisprudence and other
documentation. It may include judgments and opinions delivered by the International Courts
and Tribunals and wherever relevant judgments delivered by national courts and tribunals.
v. Zavaria and Pamila are parties to the Four Geneva Conventions of 1949 and the two
Protocols additional to the Geneva Conventions of 1977. Zavaria ratified the Statute of the
International Criminal Court on 25 October 2004 and Pamila on 17 November 2006.

Applicable law
Article 21 of the ICC Statute reads as follows:
1. The Court shall apply:
(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and
Evidence;
(b) In the second place, where appropriate, applicable treaties and the principles and rules
of international law, including the established principles of the international law of armed
conflict;
(c) Failing that, general principles of law derived by the Court from national laws of legal
systems of the world including, as appropriate, the national laws of States that would
normally exercise jurisdiction over the crime, provided that those principles are not
inconsistent with this Statute and with international law and internationally recognized norms
and standards.
2. The Court may apply principles and rules of law as interpreted in its previous decisions.
3. The application and interpretation of law pursuant to this article must be consistent with
internationally recognized human rights, and be without any adverse distinction founded on
grounds such as gender as defined in article 7, paragraph 3, age, race, colour, language,
religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or
other status.

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Elements of crimes

Article 6 (a)
Genocide by killing
1. The perpetrator killed one or more persons.
2. Such person or persons belonged to a particular national, ethnical, racial or religious
group.
3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or
religious group, as such.
4. The conduct took place in the context of a manifest pattern of similar conduct directed
against that group or was conduct that could itself effect such destruction.
Article 8 (2) (a) (i)
War crime of wilful killing
1. The perpetrator killed one or more persons.
2. Such person or persons were protected under one or more of the Geneva Conventions of
1949.
3. The perpetrator was aware of the factual circumstances that established that protected
status.
4. The conduct took place in the context of and was associated with an international armed
conflict.
5. The perpetrator was aware of factual circumstances that established the existence of an
armed conflict.

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