Pleadings:
Count 1
1) President Zara Smith was aware of actual circumstances of an armed
Conflict:
The actions taken by President Zara Smith against the Free Seti Party (FSP) proved that she
was clearly aware of a non-international armed conflict taking place in Manustan. On 9 June
2024, President Zara Smith declared war against the Free Seti Party (FSP). So it is clear that
president Smith treats FSP not as criminals but as wartime enemies. She formed a military
unit—the Scorpions—to eliminate FSP fighters. It showed that she understood the situation
demanded an organized armed response, not policing. After Roy Gomez was killed, Zara
called him a “combatant in war”, which further proved that she saw the FSP conflict as part
of war. From February 2024 through to April 2024, The attacks by FSP were violent,
coordinated, and sustained—from bombings to targeted killings—all fulfilling the Tadić
criteria for a non-international armed conflict under international humanitarian law. Zara also
led constitutional reforms to prevent secession, acting like a head of state in wartime. The
following steps, taken by president Smith, meet the mental requirement for war crimes under
Article 30 of the Rome Statute, which demands knowledge or intent in the context of conflict.
2) The described conduct occurred within the framework of ongoing armed
conflict:
The killings of Roy Gomez and Lana Gomez on 30 June 2024 occurred during a period of
sustained armed hostilities in Manustan. On 9 June, President Zara Smith declared war
against the Free Seti Party (FSP) and initiated military operations by forming an elite unit
called the Scorpions. Operation Snake Elimination was a planned combat mission, ordered by
President Smith under her authority and executed by armed forces in a time of active
hostilities. The operation took place amidst these attacks and was framed by Smith herself as
part of the war effort. Under Rome Statute Article 30, Zara Smith’s prior declarations and
coordinated military actions indicate that she possessed knowledge of the conflict and its
context, fulfilling the mental element required for prosecution.
3)The accused knew that his subordinates were committing this crime:
President Zara Smith personally oversaw and directed Operation Snake Elimination. She
convened her Cabinet on 9 June 2024 and declared war on the Free Seti Party. She then
created the Scorpions as a bespoke military unit. The Scorpions reported regularly to the
President’s office. As head of state, Zara Smith had full access to the reports of formal
operational briefs and after-action reviews documented weapons seizures, detainee handling,
and target profiles. The ICTY’s Tadić appeal judgment held that commanders who maintain
control over their forces and are informed of their actions are presumed to know of crimes
committed by those forces. Besides, by vesting them with exclusive authority to “deal with
the threat,” she placed them under her direct command. Under Article 25(3)(b) of the Rome
Statute, a person who orders the commission of a crime is criminally responsible for its
execution. Smith’s explicit orders and her public framing of the mission leave no doubt that
she knew her subordinates would carry out lethal force.
4) The Crimes fall within the scope of superiors responsibility and Control:
Superior Command responsibility is an inculpatory doctrine which is very
specific to international law. The trial chamber in Mucic case elaborated the
requirements of command responsibility under customary law, which provides
essentials for establishing command responsibility i.e., Superior – subordinate
relationships, Mental element, A failure to take reasonable measures to prevent
or to punish violation of international criminal law. Article 28 of the ICC statute
mandates command responsibility. It stipulates a military commander or a
person effectively functioning as a military commander is criminally
accountable for offenses resulting from improper control over such forces. In
the case of Prosecutor v. Halilovic the trial chamber of ICTY has stipulated that
for proving effective control the accused has to be, by virtue of his position,
senior in the hierarchical line from the direct perpetrator. In the case of
Prosecutor v. Naser Oric it has been held that superior responsibility also
attached civilian superiors. In this regard, President Zara Smith established the
Scorpions as a bespoke strike force. She appointed their commanders, set their
mission, and maintained direct oversight through classified briefings. From the
initial war declaration on 9 June 2024 through the Lanesra operation on 30 June
2024, the Scorpions reported their actions. As head of state, Zara Smith was
briefed on every major operation. International tribunals have held that regular
reporting creates a duty to act.After the killings, Zara Smith publicly defended
the operation, praising the Scorpions for eliminating a “combatant threat.” so,
Her authority over this unit was more than ceremonial—it amounted to
“effective control” in the sense recognized by the ICC’s Article 28 and affirmed
in cases such as Kordić & Čerkez and Blaškić. The ICTY trial chamber in the
case of Prosecutor v. Blagojevic and Jokic the materials which should be
regarded as mental element in command responsibility is that the superior had
knowledge, established through direct and circumstantial evidence that his
subordinates were committing or about to commit crimes. Therefore, evaluating
the provided factual elements it would be right to argue that Mrs. Smith had
criminal mental element as he had direct knowledge as well as circumstantial
knowledge about the attack.
5)The Perpetrator directed the attack:
President Zara Smith assembled her Cabinet on 9 June 2024 and declared war against the
Free Seti Party. She then created the Scorpions and gave them a clear mission: “deal with the
threat.” These were not guidelines but direct orders from head of state to use lethal force. By
issuing that command she took on the role of military director for Operation Snake
Elimination.
Under Article 25(3)(b) of the Rome Statute, anyone who “orders” the commission of a crime
is criminally responsible for it. The ICC in the Lubanga judgment affirmed that such orders
need not be written; even oral directives count. The Appeals Chamber in Tadić held that
giving instructions to carry out attacks satisfies the actus reus of ordering war crimes.
President Smith’s public statements left no doubt about her intent. She called Roy Gomez a
“combatant” and praised the Scorpions for eliminating him. She endorsed the operation’s
tactics. In Bemba, the ICC stressed that leaders who plan and authorize attacks bear liability
for resulting atrocities. Zara’s speeches and security briefings show she knew exactly how her
subordinates would act.
In case of Prosecutor v. Laurent Semanza the trial chamber of ICTR stated for committing
crime of ordering three things are required i.e., A superior-subordinate relationship,
Transmission of order ,Relevant Mental Element. And Mrs. Smith fulfilled all the essentials
for the liability. A Person who orders an act or omission with the awareness of the substantial
likelihood that a crime will be committed in the execution of that order, has the requisite
mens rea for establishing liability. Ordering with such awareness has to be regarded as
accepting that crime. And in this regard Mrs. President Smith was also aware. Her command
role thus falls squarely within superior responsibility under Article 28 of the Rome Statute
and demands prosecution for war crimes.
6)The object of the attack was civilian objects and the perpetrator intended
to attack such civilian objects:
The Scorpions stormed a private apartment at 3:07 a.m. on 30 June 2024. That apartment was
a civilian object. The attackers even removed weapons from beside the cot before opening
fire. These facts show the team targeted a home, not a military base. Under Additional
Protocol I Article 52, civilian objects like residences may never be lawfully attacked.
Roy Gomez was off duty and unarmed when the raid began. He had taken leave from FSP
operations days before. He posed no immediate threat. Geneva Convention IV Article 147
forbids the willful killing of a person hors de combat. The deliberate shooting of an unarmed
man in his own home violated this core rule.
Ten-month-old Lana Gomez lay in her cot, utterly defenseless. She was never a combatant.
The bullet that struck her was not stray. It came from trained marksmen on a clear kill
mission. This was no accident. International Criminal Tribunal for the former Yugoslavia
cases like Kupreškić and Kordić & Čerkez held that firing into civilian areas with full
knowledge of non-combatant presence meets the intent requirement for war crimes.
President Zara Smith declared war on the Free Seti Party and ordered Operation Snake
Elimination. She created the Scorpions and charged them with “dealing with the threat” by
force. Under Rome Statute Article 25(3)(b), those who order crimes bear full responsibility.
Her commands turned a law-enforcement action into a military attack on civilians.
These killings fall under willful killing in international armed conflict (Article 8(2)(b)(i)
Rome Statute). They breach Additional Protocol I Article 51(2) and Common Article 3 of the
Geneva Conventions. Article 30 of the Rome Statute confirms that intent and knowledge
were present. Case law from Tadić, Lubanga, and Bemba reinforces that directing forces to
attack civilian homes is a grave breach. Zara Smith’s orders and her failure to prevent or
punish make her severely responsible for war crimes.
7)The perpetrator caused harm to the people in whom they had previously
instilled confidence or belief:
The Scorpions entered Roy Gomez’s home late at night under orders from President Zara
Smith. They wore no police uniforms or clear military insignia. Neighbors believed the unit
was there to secure the area. Instead, they opened fire on a private apartment. This
exploitation of trust turned a civilian object into a lethal trap. Under Additional Protocol I
Article 51(3), perfidy – feigning protected status to kill – is prohibited. The Scorpions’
conduct mirrors that banned practice.
Jean-Paul Akayesu, a former mayor in Rwanda, was convicted by Rwanda Tribunal (ICTR)
of crimes that included the use of weapons and methods of warfare that caused unnecessary
suffering during the Rwandan genocide. Yugoslavia Tribunal (ICTY) held liable the accused
for committing war crimes with using weapons and methods that caused unnecessary
suffering and were indiscriminate during the Bosnian War. International Criminal Court also
charged Mathieu Ngudjolo and Germain Katanga with various war crimes committed in the
Democratic Republic of Congo, including the use of child soldiers and methods of warfare
causing excessive harm. Dissembled themselves as civilian, the perpetrators with their
warship pass the route guarded by MDF safely. Then they launched several missile strikes
against MDF’s naval ship. They didn’t take any precautionary measures to prevent incidental
loss of civilian life and thus violate Article 57(2)(iii) of Additional Protocol I to the Geneva
Conventions. This principle is a customary international law and binding for all states.
By ordering the Scorpions to storm a family home, Zara Smith caused harm to people who
trusted state forces to protect them. Roy Gomez was off duty and unarmed. Lana was an
infant in her cot. Neither posed a threat. Their deaths show a deliberate attack on protected
persons. Under Rome Statute Articles 8(2)(b)(i) and 30, and the doctrine of command
responsibility in Article 28, Zara Smith bears full liability for directing a betrayal that led to
war crimes.
8) The perpetrator killed one or more persons:
The Scorpions shot and killed Roy Gomez and his infant daughter Lana on 30 June 2024.
They wore plain clothes and bore no police insignia. They entered a private home at dawn.
Their orders came directly from President Zara Smith. These facts show a planned killing of
protected persons, not a spontaneous act of violence.
Rome Statute Article 25(3)(a) holds that a person can “commit” a crime alone, “jointly with
another,” or “through another person.” The Appeals Chamber in Prosecutor v. Seromba
confirmed that direct and physical perpetration need not be the killer’s own hands. Giving
orders or creating the plan suffices to establish perpetration. Zara Smith’s command role over
the Scorpions places her squarely within this definition.
President Smith declared war on the Free Seti Party on 9 June 2024. She formed the
Scorpions and charged them with “dealing with the threat.” She approved Operation Snake
Elimination. These actions demonstrate her intent to see Roy and Lana killed. Under Article
30 of the Rome Statute, she knew the context and desired the outcome.
The deliberate raid on an unarmed man’s home and the killing of a baby breach Article
8(2)(b)(i) of the Rome Statute. They violate Geneva Convention IV Article 147 and
Additional Protocol I Article 51(2). Zara Smith’s orders and her failure to stop or punish her
forces make her a perpetrator under Article 25(3)(a). There are ample grounds to prosecute
her for war crimes.
9)The Conduct took place in the Context of an international Armed
Conflict:
An international armed conflict exists when states resort to force against each other
(Common Article 2, Geneva IV). On 9 June 2024, President Zara Smith declared war on the
Free Seti Party. She deployed the Scorpions as a military unit. Cern had belonged to Setistan
until 2005. Roy Gomez was its former governor. He appealed to Setistan for help. The ICTY
in Tadić held that overall control by a foreign state makes a domestic fight international. The
FSP carried out intense raids, embassy sieges, and bombings. Manustan replied with military
force. The Lanesra raid on 30 June 2024 was a planned strike to kill an enemy leader. Under
Rome Statute Article 8(2)(b)(i), willful killing in an international conflict is a war crime.
Geneva IV Article 147 and Additional Protocol I Article 51(2) bar attacks on civilians and
hors de combat. Gomez was off duty and unarmed. Lana was an infant. Their deaths in a
civilian home during declared hostilities prove these killings occurred within an ongoing
international armed conflict.
10) Zara Smith failed to take all necessary and reasonable measures within
his power to prevent or repress the commission of the crime:
International humanitarian law imposes on superiors an obligation to prevent and punish war
crimes by forces under their command. Under Common Article 1 of the Geneva Conventions,
States must “ensure respect” for the Conventions. The Rome Statute’s Article 28 makes clear
that commanders who knew or had reason to know of crimes and did nothing are criminally
responsible. These rules require all necessary and reasonable measures within a superior’s
power to stop crimes or to discipline those who commit them.
President Zara Smith authorized Operation Snake Elimination and received detailed briefings
on the Scorpions’ actions. After the raid on 30 June 2024, in which Roy Gomez and baby
Lana were killed, she never ordered an inquiry. No one was arrested or disciplined. No
evidence was preserved. By praising the operation as legal, she foreclosed any chance of
investigation or accountability.
The ICTY has held that failure to act in the face of clear violations amounts to command
responsibility. In the Čelebići case, the Appeals Chamber found superiors liable for not
halting torture and killings they knew were occurring. The Kordić & Čerkez judgment
stressed that commanders must investigate reported crimes. In Blaškić, the court ruled that
ignoring manifest unlawful conduct violated a superior’s duty. The ICC in Lubanga and
Bemba reiterated that commanders must take proactive steps to repress crimes and punish
offenders.
Before starting military operation, as a superior, President Zara Smith didn’t instruct his
subordinates to comply with IHL. Moreover, he didn’t supervise the activities of
subordinates. Therefore, his subordinates violated IHL. When a commander becomes aware
of the activities of his subordinates that they are violating IHL, then it is his duty to initiate
disciplinary or penal action against the violator. But she didn’t take any such initiatives. If he
took any penal action, then further violation of IHL by subordinates may be prevented. Zara
Smith’s inaction after the Scorpions’ killings meets the threshold of liability under Article 28
of the Rome Statute. She had the power to launch an independent investigation. She could
have ordered arrests and disciplinary hearings. Her silence and refusal to act demonstrate a
clear breach of her duty. This failure to prevent or repress war crimes provides strong grounds
for prosecution.
