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NO JUSTICE for VICTIMS Poorian Staff Sergeant Ahmad Kasnoff Declared Not Crim- Inally Responsible for Tragic Attack on Movanian Village Linn-Sophie Löber

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NO JUSTICE for VICTIMS Poorian Staff Sergeant Ahmad Kasnoff Declared Not Crim- Inally Responsible for Tragic Attack on Movanian Village Linn-Sophie Löber THE KRZYŻOWA OBSERVER Judges: Aliaksandra Sedzich, Jana Hermann, Or Malki, Olena Kandya. Photo: Robert Moore NO JUSTICE FOR VICTIMS Poorian Staff Sergeant Ahmad Kasnoff declared not crim- inally responsible for tragic attack on Movanian village Linn-Sophie Löber On Wednesday 5 April, the Model Inter- inter alia, willfully killing and intention- the village of Redota, located in the neigh- national Criminal Court (MICC) located ally directing attacks against the civilian boring country of Richia. One of his rockets in Krzyżowa found that the Poorian Staff population, according to Article 8 sections hit the central square of the village, killing Sergeant Ahmad Kasnoff is not criminally 2(a) and 2(b) of the Rome Statute. 48, among them 28 women and 8 children. responsible for the charges put forward by In the hearing on 4 April, it became obvious the Prosecution. It seems that his victims In the course of the persistent conflict be- that Prosecution and Defense had extremely will need to continue to wait for justice. tween the state of Pooria and its Movanian divergent opinions on the case. The Prosecu- minority, in November 2015, Ahmad Kas- tion charged Kasnoff with war crimes in an Mr. Kasnoff was charged with various war noff was directly ordered by his superior international armed conflict, as the Poorian crimes in an international armed conflict, Berad Samson to launch a rocket attack on rockets crossed the border, » tbc on page 2 MODEL INTERNATIONAL CRIMINAL COURT (MICC) | APRIL 2017 | WWW.MODEL-ICC.ORG NO FAKE NEWS MODEL INTERNATIONAL CRIMINAL COURT (MICC) A SIMULATION OF THE INTERNATIONAL CRIMINAL COURT FOR UNIVERSITY STUDENTS FROM ALL OVER THE WORLD | 01 - 06. APRIL 2017 IN KRZYŻOWA/KREISAU, POLAND since 2009 THE KRZYŻOWA OBSERVER knowledge of potential civilian vic- tims by the Prosecution. On the other side, the Defense stressed the fact that Kasnoff was required to follow the orders of his military superior, who was known for his particularly cruel penalties for refusing orders. He was said to have threatened Kasnoff, saying, “obey it, or we will put you against the wall,” which could constitute grounds for excluding criminal responsibility, ac- cording to Article 31 section 1(d) of the Rome Statute. The Defense addi- tionally argued that Kasnoff did not act with intent and knowledge, since Samson had told him that the target was of military importance and he was not precisely informed about it. In its final word, the Prosecution in- tensely argued why a conviction of the Defendant Kasnoff would be the right outcome, arguing on the basis of the Nuremberg Tribunals that making the claim that Kasnoff was “just following orders” did not constitute a legitimate defense. The Prosecution also noted that a conviction would bring justice to the victims and pose a strong warn- ing to potential future perpetrators. The Judges came to the conclusion that Kasnoff was not innocent con- cerning the alleged charges and fol- Prosecution: Maria Alvarez-Tolcheff Alarco, Stanislav Ratych, Roi Stauber. Photo: Robert Moore lowed the argument of the Prosecution targeted a Richian village, and killed Ri- Kasnoff killed the civilians with intent that the situation does constitute an in- chian civilians. However, the Defense in- and knowledge, since as a Staff Sergeant ternational armed conflict. However, re- sisted that the conflict was not of an inter- of the artillery, he must have known that garding criminal responsibility, the Judges national character, because Pooria fought the very imprecise weapons he used could stated duress as grounds for excluding against the upheaval of its Movanian mi- have killed civilians at any time, and that Kasnoff’s criminal responsibility due to nority, which does not constitute a legally the village he was to target had no mili- the threat exercised by his superior. recognized state. tary installations. Samson also told Kas- noff that the action “might waste a few According to the Judges, Kasnoff could Prosecutor Roi Stauber made it quite clear of those dirty Movanian pigs,” which was not have been expected to give his life for that he and his colleagues were convinced considered a clear indication for Kasnoff’s the Movanian civilians who would have probably been killed anyway, because an- other Staff Sergeant would have fired the rockets in his place if Kasnoff had denied the order. The verdict leaves the victims of Kasnoff’s deed desperate. The MICC’s judgment did not achieve justice for them. Presiding Judge Jana Hermann, when asked how the victims might feel when confronted with the verdict, explained that the Court is always following the law and could not find a legal obligation to make Kasnoff the 49th victim of the tragic attack on Redota. However, a glimmer of hope remains: after passing the judgment, Prosecutor Maria Alvarez-Tolcheff Alarco told The Krzyżowa Observer that she and her team now intend to prosecute Berad Samson, Kasnoff’s superior, in order to bring those responsible for the death of men, women, and children to justice. Defence: Shiran Avigzer, Ivan Yavynch, Karolina Kiejnich. Photo: Robert Moore 2 THE KRZYŻOWA OBSERVER Prosecution: Destiny Faye Ibarra, Omri Shalev, Anna Mysyshyn. Photo: Robert Moore TRUMBO CONVICTED OFMovanian elder receives WAR seven years for broadcasting activities CRIMES that induced violence Meg Tobin Prominent Movanian elder council member Sil- On 12 November, an armed group of Inde- to the judgement, Trumbo’s speeches were va Trumbo was convicted guilty of war crimes pendent Movania Force (IMF) fighters at- considered not free speech but inciting ha- in the Model International Criminal Court tacked thirty unarmed Poorian policemen tred against the Poorian government, pro- (MICC) on 5 April 2017. Trumbo was arrested as they patrolled peaceful protesters on the hibited under the International Covenant on 20 March 2017 in Richia and turned over to streets of Bedom. The IMF fighters cornered on Civil and Political Rights (ICCPR). the custody of the MICC, where she was tried the Poorian policemen and opened fire with- under the auspices of the Rome Statute for war out warning, killing all thirty while chanting “Silva’s speeches were general crimes and crimes against humanity. “Whatever it takes”. enough that they were not an actual call to violence. I think “The prosecution had a really As a result of this attack in the immediate if leaders of minority groups are tough job in this case, and they aftermath of her speech, the Prosecution ac- charged with attempting to incite cused Trumbo of inducing violence amounting exceeded our expectations. It was protest when they are rather a tough decision, a long night.” to war crimes and crimes against humanity. Trumbo was found criminally responsible for making general declarations, Andrea Brekalo, Judge inducing the commission of violence under this limits them, limits their The charges arose as a result of Trumbo’s Article 8, section 2(c)(i) of the Rome Statute. ability to protest.” widely broadcasted speeches. Trumbo is a well The Judges considered Trumbo as playing “a Lee Ilan, Defense known public figure in Movania on both the key role in the attack directed against civil- Richian and Poorian sides of the border. She ians” through her public broadcasts directing The Judges argued that as an important pub- has become vocal symbol of resistance against Movanians to stand against oppression and lic figure in the Movanian community, in the oppression for Movanians and regularly ap- take up the fight against the Poorian Army. context of the escalation in violence which pears in media broadcasts and uses social me- has followed her appearances in the past, dia to advocate for Movanian independence. “I think it was a difficult case. Trumbo could have anticipated the effects She is especially known for her slogan “What- Jurisdiction was a tough issue. of her strident call to action. Speaking with ever it takes.” On several occasions, anti-Poori- The Krzyżowa Observer, Judge Krittika Singh Once jurisdiction was accepted, an violence has noticeably increased following discussed the difficulty of sentencing. “We her appearances. that was a big win. We expected negated crimes against humanity, but what crimes against humanity not to be she has done - hate speech - is an inchoate Trumbo has been residing as a refugee in the accepted, we just wanted to give crime, which can be the first stage of geno- Richian city of Redota since a 2015 warrant another option.” cide. We did not think she deserved the high- for her arrest was issued in Pooria. On 11 Omri Shalev, Prosecution est or the lowest sentence.” November 2015, the Poorian Army bombed Redota. The following day, Trumbo gave an Trumbo was accused of inducing the crime After the verdict, Defense lawyer Lee Ilan especially impassioned speech in which she of murder under the crimes against human- took issue with the ruling. “I think her accused the Poorian government of attempt- ity provision of the Rome Statute and of di- speeches were general enough that there ing to exterminate the Movanians and called recting attacks against civilians under the was not a direct link with what actually hap- for Movanians to do “whatever it takes” to war crimes provision. She was found not pened. It is too fluid. If general speech is stand up to activity by the Poorian govern- guilty on both counts, but was found guilty limited, this limits others’ rights to protest. I ment directed at oppressing the Movanian under the war crimes provision of induc- thought it was too broad of a definition caus- population. ing the commission of violence. According ing violence.” 3 THE KRZYŻOWA OBSERVER Judges: Henrik Jasper Freiherr von Richthofen, Nataliia Aliluyko, Sofia Kosashvili, Magdalena Poręba.Photo: Robert Moore NEITHER INNOCENT NOR GUILTY PER ROME STATUTE MICC acquits Miller from case related to murder of 36 Poorian civilians, citing insufficient grounds for prosecu- tion under the Rome Statute Kartikeya Batra A four-member bench of the Model Interna- crime of such nature - the Court decided that temic attack.
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