2015 INDONESIAN NATIONAL ROUND OF INTERNATIONAL HUMANITARIAN LAW MOOT COURT COMPETITION CORRECTION & CLARIFICATIONS TO THE PROBLEM Correction 1.
Point 6 (c) of the INSTRUCTIONS is corrected to read “Failing that, General principles of law derived by the Court ... ”
Clarification 1.
Alin is the name of the Republic, meanwhile the people, objects, and groups within it are known as “Alini”.
2.
Okran is the official name of the city, but any other variation of spelling is acceptable in Alin, they all mean the same place.
3.
Colonel Crown is the ISSF commander and therefore the highest ranked officer in the military forces. There is a Special Representative of the UN who is in charge of all UN operations in Alin, but the details are not relevant to the problem.
4.
The Superior-Subordinate relationship between Amir and Adada is between a General and a Colonel. A General is more superior than a Colonel. Also, the word “Colonel” in Colonel Azis Nur, indicates his rank within the militant group.
5.
Under International Humanitarian Law, civilian buildings are protected as well as civilians, therefore the UN resolution would not compromise this principle.
6.
In relevant with the event when the ISSF Commander Colonel Crown ordered for a search of weapons in the vehicle, note that it is usual for a military base to search all vehicles for weapons before allowing them to enter.
7.
The manifestation in paragraph 8 means protest/ demonstration.
8.
The actual meaning of the term “detail” in paragraph 10 is the information that the two women described succinctly what had happened to them.
9.
The Human Rights Protection stated in paragraph 11 is an activist NGO operating internationally (it is fictitious for the purposes of this problem).
10. On 14 June 2013, General Amir met Colonel Adada in Okran, at their offices when he told him: “We should always stay vigilant in the fight against terrorist. We should be proactive”. 11. “The ISSF arrived in Alin on 10 September and established its main base in Astor”, as stated in paragraph 13, and “The ISSF base”, as stated in paragraph 16, mean the same location with ISSF Compound. 12. The word “region” stated in paragraph 14 of the Problem, means part of Alin Territory. 13. “On 2 October, the ISSF received intelligence reports that the number of ADF air strikes were to be increased and carried out over larger areas. In support of the ISSF operations, the air forces of Blin and Clin intervened by bombing two major air bases, thus immobilizing most of ADF’s air force”. It is indicated that, Blin and Clin were supporting ISSF, but not commanded by ISSF. 14. The military and law enforcement trainings given by ISSF to the ALA members as stated in paragraph 21 are both basic and advance training, and all types of military training can be inferred. 15. The entire report stated in paragraph 23 comes from the ISSF report. 16. The “interview” stated in paragraph 24 is TV interview with Al-Jazeera. 17. In “preparation of the memorials” part, it is stated that, “The elements of crimes for each of the three counts against General Amir that have to be established by the Prosecution for the suspect to be convicted and the burden of proof”. Meanwhile, in the instructions, the stage of proceeding is confirmation of charges, so the three counts must be established the suspect to commit the suspect for trial. The correct procedure is that General Amir to be committed for trial as in the standard for pre-trial, but the Prosecution still needs to prove the elements of the crimes to the relevant standard of proof for pretrial.
Any request for clarification not addressed in the following paragraphs has been considered, and the team can make inferences from the moot problem for any clarification not written down.
