4^th Red Cross

International Humanitarian Law Moot (2006)
(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

In relation to Question 4 at Paragraph 9.2 of the Moot Problem, is it necessary to fully consider the individual criminal responsibility of Commandant Grey or simply whether she is the superior of those who are criminally responsible?

Clarification  :

Consider Commandant Grey’s criminal responsibility as a superior.

Question 2

Can the sergeant of the detachment be “a leader” within the meaning of article 1 of the Statute of the Special Court?  If the sergeant can be “a leader”, it is possible to think that Commandant Grey isn’t responsible for the violation of the Statute of the Special Court.

Clarification  :

The first question relates to whether Commandant Grey is a leader.

Question 3

Is the Kingdom of Homeland a party to the Vienna Convention on the Law of the Treaties?

Clarification  :

You are not given this information. You may not assume that the Kingdom of Homeland is a party to the Vienna Convention on the Law of Treaties.

Question 4

Which is the meaning of “go into exile” in the paragraph 7.3, ‘defection’ or ‘expulsion’?  If it is the latter meaning, it is possible to think that General Orange should be prosecuted.

Clarification  :

The questions relate to Commandant Grey, and to no other party.

Question 5

Should the memorial be limited to answering the four questions under paragraph 9.2 of the Compromis?

Clarification  :

Yes.

Question 6

Should there be a separate discussion of the term “leader” under question 1, from the first element of superior responsibility under question 4?

Clarification  :

Yes.

Question 7

Should Article 6(3)(4) of the Statute of the Special Court be understood to refer to individual criminal responsibility as well?

Clarification  :

See first clarification.

Question 8

Under paragraph 1.1, what form of “traditional rivalries” are taking place among the ethnic groups?

Clarification  :

You are given sufficient information for this Moot.

Question 9

Under paragraph 2.2, is Stonegate prison officially limited to admitting civilian prisoners only, or does its competence officially include prisoners from combat?

Clarification  :

You are given sufficient information for this Moot.

Question 10

Is the conscription referred to under 3.1 conducted under the same terms as in 1.3?

Clarification  :

You are given sufficient information for this Moot.

Question 11

Under 4.1, it was noted that Commandant Grey underwent “military training”. Does this in any way make her a military, and not civilian officer, notwithstanding her position as warden of a civilian prison?

Clarification  :

You are given sufficient information for this Moot.

Question 12

Under 4.1, were all the prisoners captured taking direct part in the small battle or does this include civilians?

Clarification  :

You are given sufficient information for this Moot.

Question 13

After the outbreak of hostilities under 3.1, was there any change on the chain of command within the prison service, or we can safely assume that it remained the same?

Clarification  :

You are given sufficient information for this Moot.

Question 14

Under 5.4, does the roster prepared by Commandant Grey include guarding the detachment huts, or is limited to guarding the prison area alone?

Clarification  :

You are given sufficient information for this Moot.

Question 15

Under 6.3, who orders the transfer of military prisoners to other prisons, Commandant Grey or Lieutenant Blue?

Clarification  :

You are given sufficient information for this Moot.

Question 16

What were the exact dates on which the TRC was established under 8.1 and amnesty granted under 8.2?

Clarification  :

You are given sufficient information for this Moot.

[END]