San Beda International Law Society

The 2012 Public International Law Moot Court Competition

November 21, 2011 Dear Teams, Please limit the issues on the ollowin! submissions" #ol$ Potter is liable or is not liable or the ollowin! war crimes" 1) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; Article 8 (2) (b) (i) - War crime o attacking civilians !lements 1$ The %er%etrator directed an attac&$ 2$ The ob'ect o the attac& was a civilian %o%ulation as such or individual civilians not ta&in! direct %art in hostilities$ ($ The %er%etrator intended the civilian %o%ulation as such or individual civilians not ta&in! direct %art in hostilities to be the ob'ect o the attac&$ )$ The conduct too& %lace in the conte*t o and was associated with an international armed con lict$ +$ The %er%etrator was aware o actual circumstances that established the e*istence o an armed con lict$ 2) Intentionally launching an attack in the kno"ledge that such attack "ill cause incidental loss o li e or in#ury to civilians or damage to civilian ob#ects; Article 8 (2) (b) (iv) - War crime o e$cessive incidental death% in#ury% or damage !lements 1$ The %er%etrator launched an attac&$ 2$ The attac& was such that it would cause incidental death or in'ury to civilians or dama!e to civilian ob'ects or wides%read, lon!,term and severe dama!e to the natural environment and that such death, in'ury or dama!e would be o such an e*tent as to be clearly e*cessive in relation to the concrete and direct overall military advanta!e antici%ated$ ($ The %er%etrator &new that the attac& would cause incidental death or in'ury to civilians or dama!e to civilian ob'ects or wides%read, lon!,term and severe dama!e to the natural environment and that such death, in'ury or dama!e would be o such an e*tent as to be clearly e*cessive in relation to the concrete and direct overall military advanta!e antici%ated$

San Beda International Law Society

The 2012 Public International Law Moot Court Competition
)$ The conduct too& %lace in the conte*t o and was associated with an international armed con lict$ +$ The %er%etrator was aware o actual circumstances that established the e*istence o an armed con lict$ &) !mploying "eapons% pro#ectiles and material and methods o "ar are "hich are o a nature to cause super luous in#ury or unnecessary su ering or "hich are inherently indiscriminate in violation o the international la" o armed con lict' Article 8 (2) (b) ($$) - War crime o employing "eapons% pro#ectiles or materials or methods o "ar are listed in the Anne$ to the (tatute !lements [Elements will have to be drafted once weapons, projectiles or material or methods of warfare have been included in an annex to the Statute.] *AS O !A"E, #O E$E%E#"S &A'E (EE# A""A)&E!. "&E*E O*E "&+S +S A $E,A$ +SS-E .O- &A'E "O A!!*ESS. )') *ol +otter is liable or is not liable as an individual or as a commander,superior' -hanks%

-ames