Moot memorial international criminal law, Summaries of International Law

Download Moot memorial international criminal law and more Summaries International Law in PDF only on Docsity! 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 SUBMISSION ON BEHALF OF THE APPLICANTS Team code- TC-48 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 SUBMISSION ON BEHALF OF THE APPLICANTS THE 12TH AMITY INTERNATIONAL MOOT COURT COMPETITION SUBMISSION ON BEHALF OF THE APPLICANTS Sl. No. CASES CASE No. 1. The Prosecutor v.Omar Hassan Ahmad Al Bashir ICC-02/05-01/09 2. The Prosecutor v. Saif Al-Islam Gaddafi ICC-01/11-01/11 3. The Prosecutor v. Ahmad Muhammad Harun  ICC-02/05-01/07 4. The Prosecutor v. Abdel Raheem Muhammad Hussein ICC-02/05-01/12 5. The Prosecutor v. Joseph Kony and Vincent Otti ICC-02/04-01/05 6. The Prosecutor v. Maxime Jeoffroy Eli Mokom Gawaka ICC-01/14-01/22 7. The Prosecutor v. Sylvestre Mudacumura ICC-01/04-01/12 8. THE PROSECUTOR V. BOSCO NTAGANDA ICC-01/04-02/06 9. Bosnian Gencide Case ICJ Rep 2007 10. Prosecutor v. Dusko Tadi IT-94-1 THE 12TH AMITY INTERNATIONAL MOOT COURT COMPETITION SUBMISSION ON BEHALF OF THE APPLICANTS 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 1. ADDITIONAL PROTOCOL I TO THE GENEVA CONVENTIONS 16 ILM 1391 (1977). 2. CONVENTION (I) FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD. GENEVA, 12 AUGUST 1949. 3. IV GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF 12 AUGUST 1949 4. ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 1988 5. THE CHARTER OF THE UNITED NATIONS 1945. 6. GENEVA CONVENTION (II) FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA. GENEVA, 12TH AUGUST,1949. 7. GENEVA CONVENTION (IV) RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIMES OF WAR (1949). 8. PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12TH AUGUST 1949, AND RELATING TO THE PR TECTION 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 PR TECTION OF VICTIMS OF NON-INTERNATIONAL ARMED CONFLICTS (PROTOCOL II), 8TH JUNE, 1977. 10. INTERNATIONAL COVENANT O CIVIL AND POLITICAL IGHTS 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 SUBMISSION ON BEHALF OF THE APPLICANTS 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 SUBMISSION ON BEHALF OF THE APPLICANTS 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 SUBMISSION ON BEHALF OF THE APPLICANTS 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 SUBMISSION ON BEHALF OF THE APPLICANTS 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 Gawaka5. . 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 6The 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-02/05-01/12 THE 12TH AMITY INTERNATIONAL MOOT COURT COMPETITION SUBMISSION ON BEHALF OF THE APPLICANTS 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 SUBMISSION ON BEHALF OF THE APPLICANTS 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 137 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 SUBMISSION ON BEHALF OF THE APPLICANTS 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 Ntaganda12, 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 attacks13 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 2017) 13 Treaties, States Parties and Commentaries, Rome Statute of The International Criminal Court, 17 th July 1998. THE 12TH AMITY INTERNATIONAL MOOT COURT COMPETITION SUBMISSION ON BEHALF OF THE APPLICANTS 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 attack14 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 IHL15, 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 SUBMISSION ON BEHALF OF THE APPLICANTS 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 201016. 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 software17.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 SUBMISSION ON BEHALF OF THE APPLICANTS 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 Charter20. 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 attacks21 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 SUBMISSION ON BEHALF OF THE APPLICANTS Effectively regulating cyber operations during armed conflict is thus of concern for all States, whatever their level of technological development, their military cyber capabilities, or their involvement in armed conflicts. Court has repeatedly noted, the standard of proof to authorize an investigation underArt.15(3) of the ICC Statute does not require that the conclusion reached on the facts be the only possible or reasonable one it is sufficient at this stage to prove that there is a reasonable conclusion alongside The Prosecutor v.Omar Hassan Ahmad Al Bashir others which can be supported on the basis of the evidence and information available.24 24 The Prosecutor v.Omar Hassan Ahmad Al Bashir M.C. Bassiouni, Crimes Against Humanity In International Criminal Law (1999). THE 12TH AMITY INTERNATIONAL MOOT COURT COMPETITION SUBMISSION ON BEHALF OF THE APPLICANTS PRAYER Wherefore in light of the issues presented, arguments advanced and authorities cited, the Prosecution respectfully prays to this Court to adjudge and declare that: I . Muona is to be held guilty for the intrusion into the Masenia Province and for the act of crime of aggression of invasion and also to be held liable for the death of the Ixanina Soldiers. In pursuance of the Rome Statute. II. Muona has to be penalised for the missile attack, and for not taking proper due negligence for the Ocean Hunter, and also be held liable for the death of the 18 crew members of M.V. Sitra, and also for causing long lasting damage to the Ixania’s Natural Environment because of the Oil contamination caused by their missile attack from Ocean Hunter. III. Muona has to be punished for having cyber attacked Ixania’s companies, defence, education, ministries and for gaining the confidential data and for causing harm to the health and traveling sectors and for also attacking the power grid. On Behalf of the Prosecution Counsel for the Prosecution THE 12TH AMITY INTERNATIONAL MOOT COURT COMPETITION SUBMISSION ON BEHALF OF THE APPLICANTS