Clarification
5th Red Cross
International Humanitarian Law Moot (2007)
(An Inter-University Competition for Asia-Pacific Region)
CLARIFICATIONS
The following clarification requests were raised by different delegations. For anonymous reason, the questions are renumbered.
Question 1 |
With the reference to paragraphs 2.19 & 2.20 of the Moot Problem, did General Ready instruct the Gondwanian soldiers to hide in the back of the Red Cross convoy? If not, did he take any necessary and reasonable measures to punish the perpetrators thereof?
|
Clarification : |
You have been given sufficient facts to argue the case. |
Question 2 |
Did General Ready have knowledge of the intelligence reports held by Colonel Doddy (para. 2.6)?
|
Clarification : |
You have been given sufficient facts to argue the case. |
Question 3 |
In para. 2.28 what sort of buildings are those clearest the river? (e.g. where any hospitals etc.?)
|
Clarification : |
You have been given sufficient facts to argue the case. |
Question 4 |
Was the phrase “your men”(para.2.7, said by General Ready “I would like you men to check…”) equivalent to the military advisors under Colonel Doddy?
|
Clarification : |
You have been given sufficient facts to argue the case. |
Question 5 |
Regarding the 2nd indictment. it says:
"Second Indictment:
Under articles 4(a) and 5(a) of the Special Statute superior responsibility for the killing of civilians by the Molo Brotherhood between 1 January 1980 and15 March 2002 in the highlands of Gondwana and in the town of Bright."
5(a) concerns the individual criminal responsibility of the accused, does this mean we indict him for 4(a) as individually criminally liable under 5(a) AND as a superior under superior responsibility?
We would like to know if both kinds of liabilities are needed to be proven vis a vis for the same crimes committed under 4(a).
|
Clarification : |
The indictment as published does not require amendment. |
Question 6 |
The crimes in the first indictment are limited to their commission between 20 February and 25 February 2002. We found the acts committed from 1 to 6 March 2002 in paragraph 2.12 also constitute the torture of prisoners. Does the Prosecutor only want to prosecute the torture committed between 20 February and 25 February 2002?
|
Clarification : |
In 5. The Indictment, First Indictment should read: Under articles 2(f) and 3(a) and (e) of the Special Statute, superior criminal responsibility for the torture of prisoners seized from Blight and surrounding areas by the Gondwanian army between 20 February and 6 March 2002. |
Question 7 |
What sort of buildings were destroyed by General Ready on 11 March 2002 (para. 2.28 and 2.29)?
|
Clarification : |
You have been given sufficient facts to argue the case. |
Question 8 |
Was the treatment applied to the 15 detainees served continuously to them? (e.g. deprived of sleep for 6 continuous days etc.)
|
Clarification : |
You have been given sufficient facts to argue the case. |
Question 9 |
Were the military advisors from Manchaca (para. 2.6) accountable to Colonel Doddy? Was Colonel Doddy accountable to General Ready or somebody else?
|
Clarification : |
You have been given sufficient facts to argue the case. |
Question 10 |
Please clarify the word “early in the morning” in para. 2.7. How early was that?
|
Clarification : |
You have been given sufficient facts to argue the case. |
Question 11 |
Please specify what number constitutes “large numbers” in para.2.24?
|
Clarification : |
You have been given sufficient facts to argue the case. |
Question 12 |
The second indictment concerns superior responsibility. Should the crimes be charged under article 5 (c) and not Article 5(a)?
|
Clarification : |
The indictment as published does not require amendment. |
Question 13 |
With reference to para 2.28 of the Moot Problem, did General Ready’s instruction “to work backwards from the river” mean that the firings should “progress deeper into the Poath side of the riverafter destroying the buildings closest to the river”?
If so, were there evidence of any guerrilla activities or other legitimate military targets on the Poath side of the river even after the sniper activity had stopped and the shelling ordered to continue?
|
Clarification : |
You have been given sufficient facts to argue the case. |
Question 14 |
Please clarify what is meant by “attached the Poath armed forced” (para. 2.20).
|
Clarification : |
The word 'attached' should be 'attacked'. |
Question 15 |
Did the Molo brotherhood volunteered to participate in the conflict or was its participation subject to command from other sources?
|
Clarification : |
You have been given sufficient facts to argue the case. |
Question16 |
How old was General Ready at the material time of the armed conflict?
|
Clarification : |
You have been given sufficient facts to argue the case. |
Question 17 |
Was every single vehicles of the humanitarian convoy of Red Cross vehicles (para. 2.17) identified with the distinctive emblem of the International Red Cross?
|
Clarification : |
You have been given sufficient facts to argue the case. |
Question 18 |
In the period between late 1980s (when the Poath became armed) and February 2002, did the Molo Brotherhood remain militarily active?
|
Clarification : |
You have been given sufficient facts to argue the case. |
Question 19 |
Please clarify where and how did the media obtain the news about the killing in para.2.24?
|
Clarification : |
You have been given sufficient facts to argue the case. |
[END] |