AUSTRALIAN LAW STUDENTS' ASSOCIATION - 2020 International Humanitarian Law Moot Problem
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AUSTRALIAN LAW
STUDENTS’ ASSOCIATION
in association with Australian Red Cross
2020 International Humanitarian Law Moot Problem
PROSECUTOR
v
JAMES HOLDEN and ALEX KAMEL
before
THE INTERNATIONAL CRIMINAL COURT AT THE HAGUECONTENTS
A INSTRUCTIONS .................................................................................................................................2
Proceedings..........................................................................................................................................2
Facts and evidence ..............................................................................................................................2
Procedure.............................................................................................................................................3
Jurisdiction and admissibility ...............................................................................................................3
Applicable law ......................................................................................................................................3
B INDICATIVE AUTHORITIES AND RESEARCH MATERIAL ....................................................................3
Indicative authorities ...........................................................................................................................3
Guides to research ...............................................................................................................................3
C MAP..................................................................................................................................................4
D BACKGROUND ..................................................................................................................................4
E STATEMENT OF AGREED FACTS .......................................................................................................7
E CHARGES ........................................................................................................................................15
A INSTRUCTIONS
Proceedings
The hearing takes place in the jurisdiction of the International Criminal Court (ICC) at the confirmation
of charges stage pursuant to Article 61 of the Rome Statute of the International Criminal Court (Rome
Statute).
At this stage, the Prosecutor must ‘support each charge with sufficient evidence to establish
substantial grounds to believe that the person committed the crime charged.’1 The Accused may
object to the charges, challenge the evidence presented by the Prosecutor, and present evidence.2
Facts and evidence
The case is entirely fictional.The Statement of Agreed Facts includes all the facts supported by
evidence that have been transmitted to the Defence, as well as facts and evidence presented by the
Defence. Teams should confine themselves to the facts supplied.
Neither the Prosecutor nor the Defence may introduce new evidence or facts at the hearing. Article
61(6)(c) of the Rome Statute is not applicable. Teams may nonetheless draw reasonable inferences
from the facts. They may also question the credibility or weight of the evidence.
1 Rome Statute, Article 61(5).
2 Rome Statute, Article 61(5).Procedure
The problem is not intended to raise questions of procedure other than the rights of the Accused
pursuant to Articles 66 and 67 of the Rome Statute. Any other procedural questions should be ignored.
In addition, teams should address the specific charges and modes of liability set out in Part E of this
document. Alternative charges and modes of liability need not be considered.
Jurisdiction and Admissibility
Counsel may, if relevant, address issues of conflict classification. Any other issues of jurisdiction and
admissibility should be ignored.
There are no applicable resolutions of the United Nations Security Council.
Applicable Law
In accordance with Article 21 of the Rome Statute:
1 The Court shall apply:
(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure
and Evidence;
(b) In the second place, where appropriate, applicable treaties and the principles
and rules of international law, including the established principles of the
international law of armed conflict;
(c) Failing that, general principles of law derived by the Court from national laws
of legal systems of the world including, as appropriate, the national laws of
States that would normally exercise jurisdiction over the crime, provided that
those principles are not inconsistent with this Statute and with international
law and internationally recognised norms and standards.
2 The Court may apply principles and rules of law as interpreted in its previous decisions.
B INDICATIVE AUTHORITIES AND RESEARCH MATERIAL
Indicative authorities
Rome Statute of the International Criminal Court (1998)
Elements of Crimes under the Rome Statute
Guides to research
Knut Dörmann, Commentaries on Elements of War Crimes under the Rome Statute of the International
Criminal Court (2003)
Case Matrix Network, available at
International Committee of the Red Cross, IHL Database, available atC MAP
D BACKGROUND
1. Earth is a nation historically comprising three regions – Mars, The Belt and Earth Proper. Earth
is located in the Solar System, which is a geographical grouping of states also comprising
Venus, Luna and Jupiter. Earth set up regional governments in Tyco and Eros, subject to the
overarching authority of the Earth National Government based in Sol, the capital city of Earth
Proper. The national military – the Earth Defence Force (EDF) – is similarly based in Earth
Proper, as is the private security company Star Helix. Mars has its own regional defence force
– the Mars Congressional Defence Force (MCDF) – and while there is no EDF or other military
presence in The Belt, members of the Star Helix are contracted by Earth to conduct law
enforcement and security operations in that region.
2. Earth Proper is the political and diplomatic epicentre of Earth. It is a small region of 1,972,550
km2 located to the south of The Belt, with 1.2 billion inhabitants, the largest population on
Earth. The region’s inhabitants primarily speak English, with 60 million of them living in the
expansive capital, Sol. It had historically been a region rich in natural resources; however, over
many centuries, it had depleted its natural resources to supply its energy network and the
spread of cities and expanding population had led to diminished land and water for food
production.
3. The region of The Belt is located to the north of Earth Proper, and to the south of Mars, with
a land mass of 9,800,000 km2 and a population of 12 million. It is the poorest region in Earth,
with the largest land mass and the smallest population. Belters have traditionally relied on
agriculture and the export of labour to mining and other extractive operations in other States
within the Solar System. Belters had originally migrated from places all across the Solar
System, eventually developing their own language – Lang Belta – and a dominant religion –Pallas – the veneration of Mother Pallas, the goddess of land. Belters who had originated from
the region of Earth Proper predominantly settled in Ceres, a city of one million, while those
who originated from Mars predominantly settled in the capital city of Eros, a city of five
million. Most Belters see themselves as distinct from companies and people from Mars –
Martians – and companies and people from Earth Proper – Earthers – and they have long felt
that Earthers have mistreated and taken advantage of Belters.
4. The main activities in Eros are organised around the Eros Town Square, a location of
approximately 50,000 square feet, that holds the weekly local market and the premises of the
primary media outlet in The Belt – The Belt Times. The House of Pallas and the Pallas
Monastery are located on an adjoining block, with the local hospital located 3km from Eros
Town Square. A river runs through the city that provides water to the local population of Eros,
and the downstream population living in Vesta, and the land around Eros is rich agricultural
land, with food from the farms going to feed people living in Eros, Vesta and smaller
surrounding towns.
5. Mars is located to the north of The Belt, with a population of 50 million, and a land mass of
9,600,000 km2. Its capital city is Tyco, which has four million inhabitants. It is rich in land and
water, with an extensive network of underground ice lakes. Martians believe in science above
all else, and are known across the Solar System as a leader in environmental science and
research with a highly educated and skilled workforce.
6. In 2028, state-owned companies headquartered in Sol, with local offices in Ceres, discovered
that The Belt is rich in uranium and hydrogen. Soon after the discovery, President Sadavir
Errinwright, leader of the Earth National Government, mandated the extraction of hydrogen
to develop the energy network in Sol, and the other cities of Earth Proper. President
Errinwright had long been concerned about potential stoushes over diminishing resources
among the States in the Solar System, and also saw the discovery of uranium as an opportunity
to develop Earth’s own nuclear weapons arsenal. To facilitate rapid extraction of the
resources, the Earth National Government set up labour camps alongside each uranium and
hydrogen mine, enticing Belters back from their jobs in other parts of the Solar System with
promises of developing the resources for the benefit of all of Earth.
7. Over time, allegations of human rights abuses started to emerge from the labour camps. In
2033 and 2038, The Belt Times launched an exposé on the labour camp conditions. In 2038,
the exposé outlined the long history of complaints by Belters of the working conditions in the
uranium and hydrogen labour camps, including chronic overcrowding, poor food quality,
limited access to phones or internet, the forced closure of unions, and the stifling of
complaints by workers. The exposé also reported on rumours from diplomatic circles across
the Solar System that the EDF was using uranium extracted from sites in The Belt to develop
a nuclear weapons arsenal.
8. In 2046, The Belt Times author mysteriously disappeared shortly after writing a further report
about the worsened conditions in the camps. Her final report stated that conditions had
increased to slavery-like conditions, with labourers restricted in their movement, only being
granted day passes to travel outside the camps to see their families, and many labourers
prevented from accessing their pay except to purchase essential items from the camp supply
stores. She also confirmed the development of miniaturised, low-yield tactical nuclearwarheads called “Destroyers” that were designed to be deployed on fighter aircraft and had
an explosive yield of 0.9 kilotons. Her source was a Martian scientist that had been assisting
the EDF, but who had defected to seek asylum in Venus owing to his concerns about the
nature of the weapons.
9. In the early 2040s, other States within the Solar System had become concerned about reports
of the nuclear weapons program in Earth. Jupiter and Mars proposed the development of a
treaty prohibiting the development, testing, production, stockpiling, stationing, transfer, use
and threat of use of the nuclear weapons, as well as assistance and encouragement to the
prohibited activities. In 2047, states within the Solar System had met to discuss the signing of
a Treaty on the Prohibition of Nuclear Weapons. The International Committee of the Red Cross
(‘ICRC’) addressed the States in attendance:
Nuclear weapons are the most terrifying weapon ever invented. No weapon is more
destructive; no weapon causes such unspeakable human suffering; and there is no way
to control how far the radioactive fallout will spread or how long the effects will last.
Even a small nuclear bomb detonated in a city would immediately kill tens of
thousands of people, and tens of thousands more would suffer horrific injuries and
later die from radiation exposure.
In addition to the immense short-term loss of life, a nuclear war could cause long-term
damage to our planet. It could severely disrupt the ecosystem of the Solar System and
reduce global temperatures, resulting in food shortages around the world.
These concerns led the International Red Cross and Red Crescent to conclude in 2011
that “it is difficult to envisage how any use of nuclear weapons could be compatible
with the requirements of international humanitarian law, in particular the rules of
distinction, precaution and proportionality.”
We urge all attendees to sign and ratify the Treaty on the Prohibition of Nuclear
Weapons as soon as possible to abolish this threat to humanity.
10. Earth had traditionally utilised the land on Mars for agricultural purposes, with a network of
farms on Mars to feed the population of Earth. Earth Proper had developed increased
agricultural autonomy in the 2040s after a successful partnership between Earth Proper and
Mars had led to the development of new agricultural technology. Around the same time, a
prominent Martian entrepreneur and son of a famous Martian Air Force Officer, David
Epstein, announced that he had invented the Epstein Drive, a modified fusion drive to increase
the drive efficiency of aircraft. This gave Mars a major technological advantage over Earth as
their aircraft could go further and faster than anything that had been built before, while using
significantly less fuel.
11. In 2049, Mars sought independence from Earth seeing an opportunity in the reduced
dependence of Earth Proper on the resources of Mars, and the technological advantage over
Earth Proper offered by the Epstein Drive. After a short period of negotiation without threat
of violence or uprising, Earth and Mars entered into a secession agreement whereby Mars
would become an independent State, governed by the Martian Congressional Republic, with
the continuation of the MCDF. They simultaneously entered into a series of trade agreements,which, among other things, guaranteed Earth a supply of ice from the underground lakes of
Mars.
12. Mars and Earth are both parties to the Geneva Conventions of 1949 and their three Additional
Protocols of 1977 and 2005. Earth is not a signatory to the Treaty on the Prohibition of Nuclear
Weapons, and the treaty will not come into force until all States within the Solar System sign
and ratify the treaty. The Martian Red Crescent Society is responsible for working as auxiliary
to the Martian public authorities in times of humanitarian emergencies, and Earth Red Cross
Society is also responsible for acting as auxiliary to the Earth public authorities in times of
humanitarian emergencies, including in The Belt.
E STATEMENT OF AGREED FACTS
13. In 2038, in opposition to the exploitation of their land and the sustained human rights abuses
against Belters, Anderson Dawes, an outspoken critic of the Earth National Government
started an opposition party based in Eros – the Outer Planets Alliance, or OPA. Many Belters
held a grudge against the Earth Government and ‘Earthers’ – people and companies from
Earth Proper – for the limitations on their freedoms, and Dawes quickly gained support. In
2040, the OPA raised enough money for formal registration as a political party and Anderson
Dawes was formally elected to the regional parliament, with the OPA narrowing missing out
on a majority vote, following the formation of an alliance between the Belter Believers,
supported and financed by the Earth National Government, and smaller minority parties with
significant financial interests in the hydrogen trade.
14. In 2049, after Mars seceded from Earth, the OPA held an informal and unsanctioned
referendum on independence, with Belters overwhelmingly voting in favour of independence
from Earth. The vote was denied by the Earth National Government as illegitimate. In
response, Dawes called for protests against the Earth National Government and the regional
government of The Belt.
15. On 10 May 2049, the OPA announced that protests would commence in the Eros Town Square
on 11 May, with news quickly spreading through SpaceBook and other social media feeds.
Newspapers reported that messages were being shared among the protesters, encouraging
them to arrive in the colours of the OPA, blue and grey, to show their support and reminding
them that it was a peaceful sit-in.
16. On 11 May, over 50,000 protesters occupied Eros Town Square, carrying posters in support of
the OPA, and calling for the release of Belters from the labour camps. Earth Red Cross was
present in the town square, with volunteers offering first aid and handing out water to anyone
who needed it. One report in The Belt Times commented on the peaceful nature of the
protest, stating:
Aside from a small incident by some teenage protesters defacing a statute of Governor
Chrisjen Avasarala, regional governor of The Belt, largely perceived by protesters and
the Outer Planets Alliance (OPA) to be beholden to the Earth National Government,
the protests were largely peaceful. The public address by Anderson Dawes, leader of
the OPA, called for an end to the labour camps and The Belt’s independence from
Earth, and ended with rousing applause from the some-10,000 protesters in the ErosTown Square. The commitment to the movement and the call for peaceful protest is
to be commended, particularly in light of the sustained human rights abuses faced by
the family members of many of the protesters.
17. By 13 May, more than 100,000 protesters had peacefully gathered in the square and adjacent
streets.
18. On 14 May, in the hope of stifling the spread of dissent, the Earth National Government
prohibited Belters from speaking Lang Belta or sharing publications written in Lang Belta and
restricted public gatherings to a maximum of 10 people. Governor Avasarala issued a decree
instating a strict curfew of 6pm, an hour before sunset, the time of daily prayers at the House
of Pallas. Alerts went out in English on SpaceBook, flyers outlining the decree in English were
distributed to the protesters in Eros Town Square.
19. The OPA called for daily Pallas services to continue and for Belters to strike back at Earth for
refusing to recognise the importance of Mother Pallas. Three days later, more than 370,000
protestors continued to peacefully gather in the square and adjacent streets. OPA posters
could be seen around Eros and in Eros Town Square calling for ‘Death to Earthers,’ ‘Lock them
up’ and ‘Down with Earthers’ in Lang Belta. At 6pm on 17 May, when protesters continued to
refuse to move from the square, Star Helix was deployed to enforce the Governor’s decree.
The Belt Times reported:
The Eros Town Square was the scene of violent clashes between security forces and
protestors last night. Members of Star Helix sought to enforce the Governor’s decree
prohibiting public gatherings of more than 10 people, firing tear gas and water
cannons to disperse protesters, with protesters retaliating by throwing rocks and using
sling shots to launch projectiles at the security forces.
20. In the following days, protesters maintained their occupation of the Eros Town Square, with
clashes between Star Helix and the protesters increasing in intensity. On 23 May, protesters
continued to ignore the restrictions on public gatherings, holding an evening funeral
procession for a lead member of the OPA who had suffered a heart attack during the protests
earlier that day. When protesters refused to disband the procession, Star Helix opened fire,
causing the deaths of six protesters, and seriously injuring another 12. In retaliation,
protesters set fire to the building from which security forces had fired.
21. By early June, protesters wearing the colours of the OPA had set up camp at the Eros Port,
establishing a protest line restricting the movement of trucks and staff. Dawes issued a public
statement in English and Lang Belta stating that the OPA would no longer let Earthers pillage
their land and take their resources in the name of developing weapons that threatened all of
humanity. The Belt Times also reported that dissent was rising among labourers in the mines
and labour camps, and that labourers had been seen scaling the walls of the camps to escape.
It was also reported that while information was difficult to obtain, it appeared that almost 300
people had been killed by Star Helix during these escape attempts.
22. In mid-June, the Martian Congressional Republic imposed sanctions against Earth, citing
concern over the continued reports of deaths of protesters, the human rights violations oflabourers and Earth’s nuclear weapons development program. The sanctions restricted trade
with Earth, although deliveries of ice to The Belt continued.
23. By the end of June, clashes between protesters and Star Helix were occurring on a daily basis
in Eros, and protesters in the streets of Vesta and Ceres had started to replicate the methods
of protesters in Eros, fighting openly against Star Helix using sling shots, petrol bombs and
household items like knives and axes to attack and loot Star Helix facilities and government
buildings. Reports were also starting to emerge of protesters in Eros sporting more
sophisticated weaponry of the type used by the MCDF in the 2030s. This included crew-served
weapons systems such as heavy machine guns, anti-tank guided weapons, and shoulder-
launched surface-to-air missiles.
24. On 30 June, The Belt Times took the unprecedented step of publishing a transcript of a secret
recording of a meeting between Governor Avasarala and President Errinwright, along with a
response from Dawes.
In recent weeks, a largely passive rights movement in The Belt led by the Outer Plants
Alliance, or OPA, has taken on a more militant tone. Activists are now openly seeking
weapons and security forces who have defected from the Earth Defence Forces or Star
Helix are battling with their former colleagues. Protests can now be seen across the
country, including in Ceres, Earth’s traditional foothold in The Belt. Governor
Avasarala now says around 1,000 security officers from Star Helix have been killed,
with protestors reportedly using farming tools, hunting rifles and guns and
ammunition captured from Star Helix. There are also unconfirmed reports of the use
of heavy machine guns by the protesters, and damage to buildings in Eros reportedly
caused by shoulder-launched surface-to-air missiles.
Just yesterday, Governor Avasarala met with the President of the Earth National
Government to discuss the way forward. Recordings of the meeting were provided by
an informant with close ties to both the OPA and the regional government of The Belt.
On the recordings, Governor Avasarala can be heard calling for “the extermination of
Dawes and anyone who supports the OPA” and expressly seeking the President’s
support to quash the dissent with the deployment of the Earth Defence Force.
Governor Avasarala also appears to accuse the Martian Congressional Government of
being involved, stating “I’m sure those bastards from Mars are behind it somehow.
You’ve heard the media reports about weapons that the protesters are using. And look
at those damn sanctions!”
Anderson Dawes, an outspoken critic of the Earth National Government and leader of
the OPA, was provided with a copy of the recordings and had this to say:
“You may think that we are weak, but we are strong. You may think that we
don’t have weapons, but you’re wrong. You may think that we’re alone in the
Solar System, but you’re sorely mistaken. The OPA will continue to fight Star
Helix and respond to any act of violence by the Earth Defence Forces, and calls
upon its members and protesters across the country to arm themselves and
prepare to fight for their land and their people. If you’re in the mines, rise up.If you’re in the streets, rise up. Release yourselves from the shackles of the
Earthers. No longer shall they be our rulers!”
The Earth National Government has this morning confirmed an official announcement
from the office of Governor Avasarala that reinforcements by the EDF are to be
deployed in the coming days and warns that civilians who do not want to be caught in
the fight to leave areas occupied by the OPA immediately.
25. On 1 July, labourers at the uranium mine north-west of Eros overran the mine and the labour
camp, with staff fleeing in buses, and the Star Helix responding to the uprising. The Belt Times
reported:
Information was difficult to obtain, but it appears that at least 88 people were killed
by Star Helix, including 53 at the uranium mine and 17 at the labour camp, with others
outside the labour camp also targeted by the security forces.
26. On the same day, thousands of people could be seen fleeing from the centre of Eros, choking
the roads leading out of the city, with reports that as many as 50,000 people had left the city
in a single day, with thousands more seeking flights to Ceres and Tyco.
27. On 3 July, the EDF received reports supported by satellite imagery that the OPA had
constructed military training facilities for the OPA north of Eros and south east of Vesta, and
that it had occupied the abandoned Star Helix headquarters adjacent to the Eros Town Square
as its headquarters.
28. In the early morning of 4 July, EDF troops deployed to the training facility near Eros, with Wing
Commander James Holden of the EDF Air Force in charge of the operation. EDF Special Forces
swiftly overran the facility, supported by drones providing real-time intelligence, surveillance,
target acquisition, and reconnaissance (ISTAR) on the position of the OPA inhabitants. ISTAR
assets revealed to EDF Command that those present at the facility were all in the blue and
grey colours of the OPA. EDF Special Forces located a cache of shoulder-launched surface-to-
air missiles and light mortars and captured 25 people who appeared to be in charge of the
training facility, all of whom were wearing grey arm bands at the time of capture.
29. In the evening of 4 July, Commander Holden deployed an EDF Special Forces team by
helicopter to recapture the Eros Town Square, with soldiers taking up positions on the roof of
the buildings adjacent to the Star Helix headquarters. The troops engaged anyone entering
the Star Helix headquarters or approaching the headquarters wearing blue and grey colours
of the OPA, some of whom wore arm bands. Sixty-three people were confirmed dead as a
result of EDF fire by 12pm on 5 July. Several hours later, two large explosive devices were
detonated at the base of the buildings occupied by the Special Forces. Fighters armed with
assault rifles and machine guns then entered one of the buildings and a brief firefight ensued
with the EDF troops, resulting in the deaths of the 26 members of the EDF team in that
location. These fighters were then observed carrying captured ammunition and weapons back
to the former Star Helix headquarters.
30. Following the attacks by the EDF, people continued to flee from Eros, with more than 6,000
seeking shelter north of the city close to the uranium mine. Earth Red Cross had set up atemporary camp to accommodate those who had been displaced, accepting supplies of food
and sanitation items from the Martian Red Crescent Society to supplement their limited
resources and address the increasing humanitarian needs in the region.
31. There were continued engagements between OPA and EDF forces during July and August.
These saw the OPA consolidate their control over the areas outside Eros and Vesta, as well as
several city blocks around Eros Town Square. The OPA reported that the conduct of the EDF
during this period had resulted in deaths of 1,000 peaceful protesters and 1,200 members of
the OPA, with the reports supported by official assessments by Human Rights Watch. During
this period a number of MCDF ISTAR drones were shot down or crashed deep inside Belt
Territory, with some of the crashes in the vicinity of engagements between OPA and EDF
troops.
32. In early September, reports emerged of people in the temporary camp of some strange
pneumonia cases. On 19 September, it was confirmed that a new protomolecule virus had
broken out in The Belt. The virus, termed Phoebe Bug, initially presented like influenza with a
fever, headaches and cough, eventually affecting the respiratory systems of residents and
spreading quickly in the camp in the overcrowded and unhygienic conditions. When 10 people
appeared to die of the condition, Earth Red Cross started to set up a hospital alongside the
camp, requesting additional humanitarian support to supplement their limited sanitation
facilities and medical supplies, and announcing that the hospital would support the response
to the viral outbreak, treating treat anyone in need. By 25 September, the hospital was
operational, and Earth Red Cross provided its GPS coordinates to the OPA and the EDF in
accordance with standard procedure.
33. On 26 September, Commander Holden received a credible intelligence report that the MCDF
Air Force were planning to deliver a shipment of military hardware including rocket-propelled
grenades, assault rifles and ammunition into The Belt on or around 30 September. In
preparation, Commander Holden ordered his Rocinante Ground Attack Aircraft squadron onto
high operational alert, ready to deploy immediately to block the shipment upon confirmation
the aircraft had been deployed from Mars.
34. In the early hours of 28 September, Commander Holden received a report that two aircraft
had been deployed from the south-west of Mars, without further details. Commander Holden
scrambled a Rocinante and an Airborne Early Warning and Control (AEWAC) aircraft to track
the Martian aircrafts’ route. At 3:00am, the EDF pilots reported low cloud and difficult
visibility. The AEWAC aircraft tracked the Martian aircrafts’ vector as south towards Belt
airspace. Before entering The Belt airspace, the two Martian aircraft separated, with the first
aircraft turning to track along the Belt-Martian border and the second crossing into Belt
Airspace. At 3:08am, the AEWAC plane confirmed that the radar signature of the Martian
plane that had entered Belt airspace was that of a C-89 Canterbury. Command Staff observed
that Canterburies are used by the MCDF for tactical resupply operations but are also
commonly used in humanitarian operations because of their ability to take off from short,
improvised airstrips. The AEWAC aircraft did not pick up an Aircraft Identification Transponder
Code and neither the AEWAC aircraft nor the Rocinante were able to visually confirm if there
were any identification markings on the Martian plane. At 3:17am, Commander Holden
requested a status update from the Rocinante. At 3:18am, the Rocinante reported that the
Canterbury was conducting a flypast check of an improvised landing strip in the vicinity of alarge complex of buildings. At 3:21am, the Rocinante reported an OPA flag flying over a
building one kilometre from the now landed aircraft’s location. At 3:22am, the pilot of the
Rocinante indicated that visibility was still low and that he could not determine the nature of
the building. Commander Holden ordered the Rocinante to engage the Martian aircraft and
any personnel in its vicinity. The Rocinante engaged the target with fin-stabilised unguided
rockets and its nose-mounted 30mm cannon. At 3:28am, EDF Command received a satellite
phone call from Earth Red Cross advising that its hospital in the north-west of The Belt was
under fire, requesting that all military activity in the area cease. The report was relayed to
Commander Holden, and at 3:36am, he ordered the Rocinante to break off the engagement.
35. On the afternoon of 28 September, the EDF issued a media release advising that there was an
airstrike on MCDF Air Force assets in The Belt territory and that “there may have been
collateral damage to a nearby medical facility.”
36. On 29 September, Earth Red Cross issued a media release advising that its hospital had been
struck by an airstrike during receipt of humanitarian relief and medical supplies from the
Martian Red Crescent Society. It advised that the hospital was hit several times in the course
of the attack and the building partially destroyed, killing 42 people, including 10 doctors and
nurses, and seriously injuring 34 others. It called on all parties to the conflict to respect
international humanitarian law, and protect all medical units, transports and personnel in
accordance with their obligations under Geneva Conventions of 1949 and their Additional
Protocols.
37. On 1 October, The Belt Times reported that, according to EDF sources, cockpit recordings from
the attacking Rocinante gunship "reveal that the crew actually questioned whether the
airstrike was legal,” and that surviving witnesses from the medical facility reported seeing the
aircraft land, and that they had observed a red crescent on the side of the aircraft.
38. On the same day, Dawes livestreamed a statement on SpaceBook in response to the attack in
the north-west of The Belt, stating:
An army can fight against a regular army in the usual way. Tank against tank, soldier
against soldier. But what is happening here is a dirty war. This kind of conduct by
Earthers cannot be tolerated. We must liberate The Belt of this Earther filth, and we
will take any support to do it.
39. In the initial days of October, there were reports of increased incidents of violence between
the OPA and EDF, and on 12 October, Commander Holden received a report that the MCDF
Air Force had landed Canterburies in the park next to the Eros Town Square. Intelligence
confirmed that the MCDF were providing the OPA large numbers of a new type of shoulder-
launched surface-to-air missiles. These weapons systems would raise the operational floor of
the Rocinates because they would have to fly above the ceiling of these missiles. This would
deny EDF ground troops with close air support and transport, which had been decisive in many
of the engagements to date. The reports disclosed that prior to distribution throughout The
Belt, the weapons were being temporarily stored in a large number of buildings in the area
surrounding Eros Town Square which was firmly under OPA control. Further a large number
of OPA commanders were in the same area to receive instructions for an upcoming
coordinated, Belt-wide offensive against the EDF planned for the Mother Pallas festival in twodays. Without close air support and air mobility, EDF would take heavy losses and many of
their positions would likely be overrun, with the OPA likely to gain the strategic initiative.
Faced with this situation, Commander Holden tasked his operation group to develop courses
of action to disrupt the OPA’s capacity to undertake the operation. One recommended course
of action was the use of a Destroyer tactical nuclear weapon. The Targeting Assessment
provided the following estimates:
Fireball radius: 80 m (0.02 km²). Maximum size of the nuclear fireball; relevance to
damage on the ground depends on the height of detonation. If it touches the ground,
the amount of radioactive fallout is significantly increased. Anything inside the fireball
is effectively vaporized.
Heavy blast damage radius: 210 m (0.14 km²). Heavily built concrete buildings are
severely damaged or demolished; fatalities approach 100%.
Moderate blast damage radius: 440 m (0.61 km²). Most residential buildings collapse,
injuries are universal, fatalities are widespread. The chances of a fire starting in
commercial and residential damage are high, and buildings so damaged are at high
risk of spreading fire.
Thermal radiation radius (3rd degree burns): 490 m (0.74 km²). Third degree burns
extend throughout the layers of skin, and are often painless because they destroy the
pain nerves. They can cause severe scarring or disablement, and can require
amputation. 100% probability for 3rd degree burns for individuals outside at this yield.
Radiation radius: 0.82 km (2.12 km²). 500 rem ionizing radiation dose; likely fatal in
about one month; 15% of survivors will eventually die of cancer as a result of exposure.
Light blast damage radius: 1.14 km (4.05 km²). Glass windows can be expected to
break. This can cause many injuries in a surrounding population who comes to a
window after seeing the flash of a nuclear explosion.3
40. The Targeting Assessment noted that the Eros River was approximately two kilometres from
the Eros Town Square and that this was the major river system in this part of The Belt.
However, beyond this the Targeting Assessment did not contain information concerning the
civilian presence in the area surrounding the Eros Town Square and so made the following
conclusion regarding the use of the Destroyer warheads:
A tactical nuclear strike would certainly achieve all the tactical objectives of the
operation and would severely – possibly even terminally – disrupt the OPA’s command
structure and capacity to engage in military operations throughout the Belt. Without
further information concerning the civilian presence in the area, however, collateral
damage cannot be assessed. Accordingly, we recommend this course of action as a
contingency only, and should only be adopted if other courses of action prove to be
unfeasible.
41. The EDF Legal Advisor was unable to give a view on the legality of the proposed strike because
of the lack of information regarding the civilian presence in the target area. Accordingly,
3Nuclear Secrecy Nuke Map, hosted by the College of Arts and Letters, Stevens Institute of Technology
accessible at .Holden ordered the EDF’s 1st Marine Expeditionary Force (1st MEF) to prepare to mount an
assault to secure the Eros Town Square area. As a contingency, Holden ordered the
deployment of a Destroyer-equipped Rocinante to adopt a stand-off flight pattern ready to
carry out the strike if ordered.
42. The pilot of the Rocinante tasked with this mission was Captain Alex Kamel, a seasoned fighter
pilot for the EDF. She had grown up in Sol, and for a short time been deployed in The Belt.
During her deployment, she had developed a disapproval for the Belter way of life, thinking it
primitive and short-sighted. She was known among fellow pilots to believe in Earth as the one
true government for Martians and Belters, and had been heard saying things like “if you join
the OPA, you’re not human anymore,” and “Earth Proper is the one true government for all,”
and “Earth should lead the entire Solar System.”
43. Kamel’s pre-flight briefing included the Targeting Assessment. By the time Captain Kamel’s
Rocinante had entered into its standoff flight pattern, intelligence reports from EDF ISTAR
assets indicated that there were at least 50,000 people in the Eros Town Square area. Many
of these were OPA fighters, but it was not possible to clearly determine the breakdown
between OPA fighters and civilians. Some of the streets had, however, started to clear as the
weather bureau was predicting a storm with severe winds.
44. On the basis of this information, and a report that the 1st MEF was positioned to secure the
Eros Town Square area, Commander Holden ordered Captain Kamel to stand down and return
to base. Kamel confirmed receipt of the stand down order, but responded, “we need to finish
this once and for all, and there ain’t no better weapon.” Commander Holden, who had served
with Kamel in previous operations, replied that the 1st MEF would be able to secure the area
without causing large numbers of civilian casualties. There was no reply from Kamel and the
EDF Command flight radar then showed that the Kamel’s aircraft had dropped to low altitude
and had adopted an attack vector. EDF Flight Command received automated alerts that
Kamel’s fire control computer had determined a firing solution and that she had initiated the
Destroyer’s arming and launch procedures.
45. As Kamel reached the end of the bomb run, she attempted to launch the Destroyer, but it
failed to launch. The EDF had installed a command override in all nuclear-capable EDF
platforms as a final safeguard. This override, the existence of which was highly classified,
enabled the commander of any EDF unit to prevent unauthorised discharge of nuclear
warheads.E CHARGES
Count 1
For the entire period of the armed conflict, Commander Holden was the Commanding Officer in
effective control of the Earth Armed Forces, Rocinante Division. In February 2020, Commander Holden
ordered the Rocinante Division to destroy medical units and medical personnel delivering medical
relief to Eros. By his acts or omissions, General Holden is responsible:
1. on the basis of command responsibility under Article 28(a) of the Rome Statute:
2. for intentionally directing attacks against buildings, material, medical units and transport, and
personnel using the distinctive emblems of the Geneva Conventions in conformity with
international law under Article 8(2)(b)(xxiv) of the Rome Statute.
Count 2
For the entire period of the armed conflict, Pilot Alex Kamel was a member of the Earth Armed Forces,
Rocinante Division. In October, Pilot Kamel attempted to deploy nuclear warheads in the vicinity of
Eros Town Square. By her acts or omissions, Pilot Kamel is responsible:
1. on the basis of individual criminal responsibility under Article 25(3)(f) of the Rome Statute;
2. for attempted serious violations of the laws and customs applicable in armed conflicts, namely
intentionally launching an attack in the knowledge that such attack will cause incidental loss
of life or injury to civilians or damage to civilian objects or widespread, long-term and severe
damage to the natural environment which would be clearly excessive in relation to the
concrete and direct overall military advantage anticipated, publishable under Article
8(2)(b)(iv) of the Rome Statute.You can also read
