SUMMARY OF PLEADINGS

I am Dwight Anthony Yu, the second counsel. I will be discussing the prosecution’s last 2
arguments - first is - on the the war crime of rape and second - on the war crime of ordering
the displacement of civilians.

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First argument proves that GENERAL DU MOTIER IS CRIMINALLY LIABLE FOR
THE WAR CRIME OF RAPE

Since the deployment of the AAF to Pays de la Loire, the youngest and physically weakest
soldiers in each regiment of the AAF, in the intervals between battles were regularly raped by
higher-ranking AAF officers. One hundred of the soldiers reported that they were sexually
abused by their Higher-Ranking Officers and 15 alleged that the abuses were under the express
order of General Du Motier.

A. General Du Motier is criminally responsible for the war crime of rape on the
basis of command responsibility (Article 28 (a)) of the Rome Statute as a result of his
failure to exercise control properly over such forces

The following elements of command responsibility are present -

First -
1. Knowledge that the forces were committing such crimes

In the present case, there is no doubt that General Du Motier knew about the system of
rape and sexual predation within the AAF.1 General Du Motier is the Chief of the Defence
Staff of the AAF, which is the highest-ranking and senior-most military officer in the AAF.2
An individual’s command position per se is a significant indicium that he knew about the
crimes committed by his subordinates.3

Fifteen soldiers alleged that the abuses were under the express order of General Du
Motier.4
Knowledge may be presumed if a superior had the means to obtain the relevant
information of a crime and deliberately refrained from doing so.5 When questioned on this

1
Id.
2
Facts, ¶4.
3
Prosecutor v. Blaškić ("Lašva Valley"), "Judgment", IT-95-14-T, 3 March 2000, ¶308.
4
Facts, ¶20.
5
Prosecutor v. Stakić, "Judgment", IT-97-24-T, 31 July 2003, ¶460.

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matter by journalists, General Du Motier stated that he is not responsible for his soldiers
activities during their free time.6 Clearly, as the General of the AAF, General Du Motier had
all the means to discover and prevent the crime but intentionally refrained from doing so.

Second -
2. Failure to take all necessary and reasonable measures within his power to
prevent their commission.
An accused cannot avoid the intended reach of the provision by doing nothing, when
the information he possesses gives rise to a clear prospect that his forces were about to commit
an offence. In such circumstances the accused must at least investigate, i.e. take steps inter alia
to determine whether in truth offences are about to be committed, or indeed by that stage have
been committed or are being committed.7 General Du Motier knew about the system of rape
and sexual predation within the AAF but he did nothing, according to him their activities during
their free time were not within his responsibilities.

B. War crime of rape

1. The perpetrator invaded the body of a person by conduct resulting in penetration,

of any part of the body of the victim or of the perpetrator with a sexual organ.

The facts of the case establish that a system of rape and sexual predation has been in
place within the AAF troops deployed to Pays de la Loire, where young soldiers were sexually
abused by officers and senior soldiers.

2.The invasion was committed by force, threat, and coercion caused by abuse of
power.
100 soldiers reported they were sexually abused by their Higher-Ranking Officers.8 The
system of rape and sexual predation was instituted by the Higher-Ranking Officers of the AAF.

6
Facts, ¶20.
7
Strugar ("Dubrovnik") Trial Judgment 25 January 2005, ¶415
8
Id.

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The victims were picked according to their ranks and performance in the battlefield.9 These
soldiers were forced to submit to the abuse as it was being committed by High Ranking officers
that could punish them for not following orders.

ON TO THE LAST ARGUMENT of the prosecution -

IV. GENERAL DU MOTIER IS CRIMINALLY LIABLE FOR THE WAR CRIME OF
ORDERING THE DISPLACEMENT OF THE CIVILIAN POPULATION FOR
REASONS RELATED TO THE CONFLICT

“Operation Noir” was spearheaded by the Gnosticist Guards. The AAF soldiers flushed all the
residents from their houses. Gnosticist were greeted and sent back home; whereas the Jainists
were assembled and forced to take the commitment to convert to Gnosticist, which required them
to attend Gnosticist religious classes and to go to the Gnosticist sanctuaries three times a day.
General Du Motier ordered anyone who did not attend the classes three times a day would be
imprisoned after the fifth day of missing class. Many Jainists had to work long hours, and did not
have the time to attend classes. As a result, by October 2015 more than 80,000 Jainists in the
AAF-controlled municipalities in Pays de la Loire were detained.
AAF required the registration and authorisation of all religions seeking to practice in public areas.
Only the Gnosticist was registered and authorised to practise. Thousands of Jainists were arrested
for ‘publicly practising extremist religion’” and transferred to the detention centres at the border.

Article 25(3)(b) of the Rome Statute supports the claim that General Du Motier is
individually criminally responsible for committing the war crime
Article 25(3) imputes criminal responsibility to a perpetrator who “ordered” another
to commit a crime.10 In the case of Mudacumura, the perpetrator must be (a) in a position of
authority, (b) instructing another person, (c) having a direct effect on the commission of the
crime, (d) which the person was aware would result a crime.11

9
Facts, ¶20.
10
Prosecutor v. Gbagbo, Decision adjourning the hearing on the confirmation of charges
pursuant to article 61(7)(c)(i) of the Rome Statute, ICC-02/11-01/11, (03.06.2013) ¶243.
11
Prosecutor v. Mudacumura, Decision on the Prosecutor's Application under Article 58,
ICC-01/04-01/12, (13.07.2012) ¶63.

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 All elements are met here, as General Du Motier was in a position of authority as the
Chief of the Defence Staff of the AAF.12 The facts clearly establish that he ordered” Operation
Noir”13 Most importantly, the Defendant ordered that any Jainist who did not attend Gnosticist
religious classes three times a day would be imprisoned.

Ultimately, as to the elements of the war crime of ordering the displacement of the
civilian population for reasons related to the conflict

1. The perpetrator ordered a displacement of a civilian population.

Members of the civilian population are people who are not taking any active part in the
hostilities,

General Du Motier announced “Operation Noir” during his visit to the military camp
in March 2015. The operation was spearheaded by the Gnosticist Guards14 which report
directly to General Du Motier.15

During the operation, after securing the perimeters of each village in a municipality,
the AAF soldiers flushed all the residents from their houses to the central square and asked
them one by one their religion. Those who answered as believers of Gnosticist were greeted
and sent back home; whereas the Jainists were assembled and forced to take the commitment
to convert to Gnosticist, which required them to attend Gnosticist religious classes and to go
to the Gnosticist sanctuaries three times a day.16

General Du Motier ordered that anyone who did not attend the classes three times a day
would be imprisoned after the fifth day of missing class.17 Many Jainists had to work long hours,
and did not have the time to attend classes.

Second element -

12
Facts, ¶4.
13
Facts, ¶22.
14
Facts, ¶22.
15
Facts, ¶19.
16
Facts, ¶22.
17
Facts, ¶23.

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 2. Such order was not justified by the security of the civilians involved or by military
necessity.

After regaining multiple municipalities in Pays de la Loire which had previously been
controlled by the FPA and after securing the perimeters of each village in a municipality there
was no military threat present.

The displacement was itself the goal and neither the protection of the civilians nor
imperative military necessity justified the action.18 The Jainists were assembled and forced to
take the commitment to convert to Gnosticist

The AAF required the registration and authorisation of all religions seeking to practice
in public areas. Unauthorised religious practise in public areas, including in churches, would
be subject to suppression and imprisonment. Only the Gnosticist was registered and authorised
to practise.

Thousands of Jainists in Pays de la Loire were arrested for publicly practising extremist
religion. Operation Noir was a form of ethnic cleansing of the region through the mass forcible
displacement of the Jainists.19 As a result, by October 2015 more than 80,000 Jainists in the
AAF-controlled municipalities in Pays de la Loire were detained20

Finally -

3. The perpetrator was in a position to effect such displacement by giving such

order.

General Du Motier is the Chief of the Defense staff of the AAF21, as a military
commander, his duties are to develop strategies22 One of the strategies announced by General

18
Prosecutor v. Radislav Krstić, Case No. IT-98-33-T, Judgement (TC), 2 August 2001, ¶527:
19
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004,
¶548-551.
20
Facts, ¶23.
21
Facts, ¶4.
22
Facts, ¶20.

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Du Motier was “Operation Noir”, the contested operation.23 clearly, General Du Motier was in
a position to effect such displacement

23
Facts, ¶22.

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