Charges against Jeremy Kaloch are nit maintainable.

Jeremy Kaloch is not liable for crime against humanity :

 Contextual element : crime against humanity under article 7 of the ICC Statue comprise only
those crimes listed in the definition that are committed “ as a part of widespread or
systematic attack directed against any civilian population” only if these elements which can
be taken together as a contextual element of the crime ,are present one can presume the
existence of a crime against humanity. The contextual element for crime against humanity
includes :
1. A civilian population as the object of crime – The attacks that took place in Kalochistan
were not targeted against a civilian population. The DCKP were targeted due to the
continuousacts of violence within their country. That is to say that the “ attacks “were
against civilians and not civilian population.most importantly, such attacks were not
directed by Mr. Jabralter Manoch and Lucifier Rhina but by the rebel group within their
country nullifying their liability.
2. Widespread or systematic attack directed against a civilian population : element 2 not
fulfilled the attack involves commission of acts of violence1by the perpetrator . It must
be shown that the individuals were targeted in such a way as to satisfy the court that
the attack was in fact directed against a civilian population rather than against a limited
and randomly selected number of individuals2.
 The policy element 3 - Element 3 not fulfilled . Article 7(2)(a)of the Statue requires that the
attack on civilian population be carried out “ pursuant to or in furtherance of a state or
organizational policy to commit the act. There was no planned ,directed or organized
crime4supervised by Mr. Jabralter Manoch and Lucifier Rhina. He did not take a leading role
or actively participated.
 No proof mandates commission by perpetrator himself: Element 1 not fulfilled which
requires crime of extermination, requires that “The perpetrator killed one or more persons,
including by inflicting conditions of life calculated to bring about the destruction of part of a
population.” There is no evidence to establish any killings by Jeremy Kaloch thereby
rendering the first element of crime, unfulfilled.5
 There was no infliction of conditions of life calculated to bring about the destruction of a
part of a population. The casualties that are apparent in the region of Kalochistan have been
inflicted by an armed dissident group of Kaloch Liberation Front.
 Absence of “Knowledge” and “Intention”: Element 4 not fulfilled - Awareness that a
circumstance exists or a consequence will occur in the ordinary course of events is

1
Prosecutor v Naletelic and Martinovic ,ICTY(Trial chamber), Judgment on 31 st March 2003

2
Prosecutor v. Kanarac ,ICTY (Appeals chamber )judgment on 12th june,2002
3
Inspired by the Draft code of 1996,commentary on art 18,para 3
4
D.Robinson ,93 American Journal of International Law (1993),p.43 at p.51;D.Robinson in F.Latanzi and W.A.
5
Elements of Crimes for Art. 7(1)(b), ICC Statute, UN doc. PCNICC/2000/1/Add.2 (2000)
 “knowledge”6 . The requirement that perpetrator “must know” of the acts of violence
cannot be claimed since Colonel Jingo was not aware as to the activities of HLF. In the
present case, Colonel Jingo had no intention, in relation to his conduct, to cause killing of
individuals. This is a declaratory reference to Article 30’s7 general requirement for the
mental element which is not fulfilled in the present case.

6
Elements of Crimes for Art. 7(1)(b), ICC Statute
7
Rome Statute art.30(1)