Statement of Agreed Facts

1. The Republic of Dave is a highly developed country in the with a population of 12,000,000
people. Its capital, Zing, is located in the centre of the country and is home to 2,000,000
people. The Republic of Dave is characterized as a mountainous region with plains to the
west and mountain ranges to the north. Due to the richness of its soil, it has a thriving
agricultural and natural resources sector. It is one of the largest exporters of natural gas and
grain around the world which are the primary sources of its economy. It also has a
moderately sized and sophisticated military with an arsenal of technologically advanced
weapons.
2. The Republic of Dave shares a border with the Kingdom of Rufus. The Clemons were the
first people to inhabit the territory. The Kingdom of Rufus was colonized in the 18th
century, with colonizers slowly pushing the Clemon population to the north of the country in
Rosebud Province. Since colonization, the increase in migration of the Clemon population
has grown exponentially with 1.2 million Clemon inhabitants residing in densely populated
mountain villages. The Clemon population residing in the Kingdom of Rufus have suffered
through several hundred years of oppression, marginalization and discrimination by the
Rufus Government. These injustices are notable and are reflected in their unequal treatment
compared to the rest of the Rufus population. During colonial times, several civil wars were
fought between the Kingdom of Rufus and the Clemon population over unequal treatment,
living standards and land rights—most notably was the claim to sovereignty over a naturally
formed rock monument, ‘ClemRock’. ClemRock was formed in Lake Veena—a lake that
also flows into the Republic of Dave. Despite their fierce resistance, the Clemon militia
were conquered and the Kingdom of Rufus claimed the monument as its own.
3. The Kingdom of Rufus is a kingdom in which the royal family controls all aspects of
political life. King Rufus III, who ruled the Kingdom from 1963 until 2009, modernized the
country and developed it economically. The Kingdom became one of the most prosperous
countries in the region. The Kingdom’s main export is oil and gold, which make up 80% of
the country’s exports. During King Rufus III’s reign, the Kingdom of Rufus maintained
peaceful relations with neighbouring states and with the international community. The
Kingdom of Rufus mainly relied on diplomacy and had a small, but well-equipped military.
During his reign, the only significant dispute concerned the sovereignty of ClemRock—a
culturally significant monument to the Clemon population. ClemRock is believed to be a
symbol of divine feminine energy representing feminist values which underpins the Clemon
religion. ClemRock is situated in close proximity to one of the largest gold deposits in the
world.
4. Both the Rufus and Dave governments claim ClemRock as their own. In 1977, both
countries agreed to submit the dispute to international arbitration. In 1979, the arbitration
panel awarded sovereignty to the Kingdom of Rufus in an award that international law
scholars have extensively criticized as a flawed application of the relevant international
 laws. The Republic of Dave refused to accept the outcome of the international arbitration
and continued to contest the sovereignty of ClemRock in international fora. On 7 October
2009, King Rufus III unexpectedly died and was succeeded by his oldest son, who was
crowned one week later, on 14 October 2009, as King Rufus IV. Like his father, King Rufus
IV controls the government and is actively involved in foreign relations. As a head of State,
he is equally the supreme commander of all armed forces of the Kingdom. His uncle, the
younger brother of King Rufus III, Lieutenant General Rex Crendle (‘Lt. Gen. Crendle’) is
the Chief of Staff of the Rufus Armed Forces (RAF).
5. From January 2010, there was a shift in the Rufus Government’s position towards the
Clemon people as it knew it had to maintain healthy diplomatic relations between trade
partners. This shift was reflected in progressive policies giving the Clemon population more
rights and autonomy. The Rufus Government took multiple initiatives to improve the
situation for the Clemon people with mixed results. After the adoption of anti-discrimination
legislation, the Clemons’ situation markedly improved, but they still face high levels of
unemployment and incarceration. Over time, many Clemons emigrated to the Republic of
Dave. At present there is a large Clemon population that reside in the mountainous regions
of Rosebud Province, in the north of the Kingdom and to the West of the Republic of Dave.
On 15 August 2010, the Kingdom of Rufus agreed to provide the Clemon community with
autonomy of Rosebud Province. Under this agreement, Rosebud province enjoyed complete
autonomy in managing its internal affairs, with the Rufus Government only in charge of the
province’s defence, foreign affairs and trade. The newly found stability in the Kingdom of
Rufus attracted foreign investment, with a particular interest in the exploitation of the gold
deposits under ClemRock. In 2013, the Kingdom of Rufus acceded to the Rome Statute of
the International Criminal Court (ICC). One year later, the Rufus Parliament adopted the
International Criminal Court Act 2001. The Rufus Parliament has ratified each of the
subsequent amendments to the Rome Statute.
6. Rosebud Province has a population of 900,000 people and surrounds a lake which is fed
through an underground aquifer. The aquifer is the only source of drinkable water in the
province and also supplies water to surrounding border villages. In the past, the local
Clemon population could only obtain water from the aquifer by drilling wells. After the
conclusion of a concession agreement between an oil company and the Kingdom of Rufus,
the oil company constructed an electrical substation. The substation powers the entire
province and border villages in neighbouring Lotus Province. It pumps up water from the
aquifer, which is heated and then produces steam. The steam is then channelled through a
turbine where it generates electricity to power the entire province including government
buildings, medical facilities, residential areas and schools.
7. The Kingdom of Rufus is an oil and gold rich state with a population of 5,000,000. Its
capital, Mooseville, is home to 1,500,000 people. In addition to its abundant oil reserves, it
has a keen interest in becoming a centre of technology—specifically in artificial intelligence
(AI), internet services, and social media. After coming into power in 2020, the new
 government has focussed on maintaining its reputation as a peaceful democracy to foster
friendly diplomatic relations with many countries around the world, particularly its trade
partners. Its natural resources are the primary sources of its economy and wealth as a nation.
To maintain its reputation, the Kingdom’s largest state-run broadcasting network, RuTV
broadcasts positive messages of hope and peace to its people. Under the rule of King Rufus
III, censorship laws were enacted prohibiting people from criticising the government and its
policies. This law was never repealed. To contain and prevent negative public opinion from
spreading, the Kingdom of Rufus frequently engages in public campaigns to educate the
public about its great nation and the freedoms and opportunities it provides to its people,
including the Clemon population.
8. Despite the shift in government policy under King Rufus IV, discrimination and unequal
treatment towards the Clemon population remained—albeit to a lesser degree. This was
particularly reflected in the discrimination against women. Using a VPN to circumvent the
Kingdom of Rufus’ censorship firewalls, a prominent Clemon advocate, Jenna Tuck
published an article on her blog about the Rufus Government’s treatment, marginalization
and discrimination of the Clemon people on its territory. Jenna Tuck is known for
advocating for Clemon rights and freedoms, including speaking up against the Rufus
Government’s oppression. The article went viral, resulting in public outcry and international
condemnation of the Rufus Government’s restrictive policies on the Clemon people,
especially on women. The Rufus Government viewed Clemon women as inferior and their
rights to education, freedom of expression and right to life have been significantly curtailed.
9. Two days after the publication of the article, Rufus police arrest Jenna Tuck for committing
an offences in contravention of the Kingdom of Rufus’ censorship laws. This resulted in
several (largely peaceful) protests in the capital, Mooseville, with a few becoming violent.
NGOs and several United Nations (UN) agencies, including human rights committees,
repeatedly shared allegations of human rights abuses towards the Clemon population and
called on the Kingdom of Rufus to ensure that all discrimination and allegations of ill-
treatment are promptly, impartially and effectively investigated by an independent
mechanism. The Rufus Government never responded to these calls. The frequency of
demonstrations in Mooseville grew from several a year to monthly and sometimes
fortnightly. In response, the Rufus Government imposed further restrictive measures on the
Clemon population which resulted in growing resentment among the Clemon community—
particularly those living in Rosebud Province and in the Republic of Dave. This resentment
led to an eruption of violent protests and riots across the country. However, the violence was
largely contained by local law enforcement.
10. Over the next few months, UN and NGO reports were published which disclosed findings of
alleged human rights violations against the Clemon population. This led to a significant
increase in negative media coverage of the situation in the Kingdom of Rufus. Several of the
country’s key trade partners withdrew from export agreements—except for the Kingdom of
Rufus’ closest ally and major trading partner, the Republic of Roco. To save its economy
 from plummeting, it entered into a trade agreement with the Republic of Roco to extract the
gold deposits located under ClemRock. Following this agreement, demonstrations calling
for a halt to the extraction spread across the country.
11. On 30 March 2022, a private mining company was instructed to commence the extraction of
the gold deposits. While attempts were made to be as precise as possible in the extraction
process, a large part of ClemRock was damaged. This caused an uproar in the Clemon
community with several protests erupting in violence across Rosebud province.
12. At a local Clemons community meeting later that evening, several elders called on women
of the community to band together to form an all-woman resistance movement called ‘the
Rebellion’. On 7 April, the newly formed political group distributed pamphlets and used
social media channels to organised demonstrations. The Rebellion started wearing blue
jumpsuits with an arm band with a white wolf and face masks printed with Jenna Tuck’s
face. Interviews conducted by RuTV with members of the Rebellion revealed a membership
driven by feminist values opposed to Rufus Government policies. The Rebellion and their
supporters also showed support to their fellow Clemon people residing in the Republic of
Dave due to its Clemon-friendly policies.
13. Techmania is an infamous hacktivist group known for its activities throughout the region to
achieve social change through unconventional methods. The group was formed by its leader,
TechAnon and is comprised of highly skilled tech professionals specialising in information
communication technology, AI and social media. Although several members of the group are
located in different countries around the world, three key members including TechAnon
have links to the Kingdom of Rufus. TechAnon is a national of the Kingdom of Rufus but is
also a permanent resident of the Kingdom of Monstera. He has been described as an IT and
AI visionary. He believes that AI will significantly improve the lives of people and make the
world a better place. TechAnon is actively involved in different hacktivist projects under
development and Techmania’s members regularly send him detailed reports where he inputs
and provides suggestions for improvements.
14. Due to Techmania’s extensive ability to reach and sway public opinion, on 1 June 2022,
King Rufus IV requested the group’s assistance in his pursuit to disseminate positive
information about the Rufus Government’s efforts to promote the rights and freedoms of the
Clemon population in order to counter the findings published in the UN reports. The King
met with TechAnon and requested Techmania’s assistance to inform Rufus citizens that
“great changes are coming to the Kingdom of Rufus” and to remind them that,
“the Kingdom of Rufus is the land of opportunity and a leader in technology and
sustainability with plans to become the first country in the region to implement an ‘e-city’.”
15. Based on Techmania’s interests to significantly expand its networks, TechAnon agreed in
exchange for a considerable sum of money. The campaign was a success that spread and
quietened negative international media coverage of the situation in the Kingdom of Rufus.
Techmania used the payment to develop a social media platform ‘TechTalk’ to promote
 information about its projects and for people across the region to access and utilised to
achieve social change. The platform was officially launched on 2 July 2022.
16. To increase support for the cause, the Rebellion used its social media channels, including
TechTalk to recruit and expand its networks, calling on women to “fight the good fight” to
support the Clemon population. The group had become such an icon of feminist ideals that it
had garnered hundreds of members and thousands of supporters. Several hundred peaceful
protests were held around the country in support of the movement to fight for Clemon rights
and freedoms. According to RAF intelligence, encrypted messages on social media –
specifically TechTalk – were used to organize and coordinate protests and acts of resistance
against the RAF in Mooseville.
17. On 20 July 2022, the Zing Daily received an anonymous tip that the Rufus Government
planned to detain large numbers of residents. The Rufus Government refused to comment. A
week later, the Rufus Government held a video conference with TechAnon requesting access
to the data of TechTalk users. The Government also asked for access to all data collected as
part of the smart city project in Mooseville in order to identify the protesters and Rebellion
sympathizers. TechAnon, supported by his legal team, initially refused to hand over the data,
citing privacy concerns. However, the Rufus Government warned that a court order would
be sought to release the data as this was a matter of national interest as per national security
legislation. TechAnon subsequently agreed to grant access to the data.
18. In August 2022, to help maintain law and order, the Rufus Government issued a directive
requiring police permission for anyone wishing to hold a demonstration. Throughout
September 2022, the Rebellion organized several peaceful demonstrations via TechTalk. On
15 October 2022, a peaceful protest escalated into violent attacks against Rufus police.
Rufus police deployed teargas and tasered several protesters in the crowd. A few days later
on 18 October 2024, hundreds of Rebellion members clashed with Rufus police, civil
society and Rebellion supporters. According to government officials, a total of 50 people
died, with 120 others injured and many vehicles and buildings damaged. Rufus police
arrested more than 50 Rufus citizens in connection with the clash, including Rebellion
members.
19. On 28 October 2022, at 11:30 pm, local police officers in Mooseville chased 15-year-old
Sarah Hurley through the streets of Mooseville after they caught her graffitiing pro-
Rebellion slogans on public property. During the chase, the police mistakenly believed
Hurley was in possession of a gun, which led them to fatally shoot Hurley.
20. The death of Sarah Hurley caused widespread upheaval across the country. The Rufus
people protested against the government. When authorities tried to quell protesters, they
became increasingly violent. On 3 November 2022, sit-ins were organized by Rebellion
members, roads blocked, and stones and other projectiles hurled at the police. Riots became
a daily occurrence and local government buildings were occupied and partially destroyed by
homemade explosive devices made by Rebellion members.
 21. On 8 November 2022, the Rufus Government increased its police presence and requested
assistance from the RAF if tensions continued to escalate. The RAF Intelligence Division
found that encrypted messages on social media were used to organize and coordinate
protests and acts of resistance against Rufus government authorities across the country,
including boycotts, demonstrations and the storming of key government buildings. King
Rufus IV issued an internal memo to all RAF members that if the Rebellion continued to
resist, that this would be an “all-out war to take down these terrorists!”
Project Hawk
22. On 14 November 2022, Lt. Gen. Crendle secretly contacted TechAnon with a request for
Techmania to develop an AI programmes that could help distinguish civilians from
Rebellion members. The next day, TechAnon accepted the request on behalf of Techmania.
TechAnon advised that Techmania had developed an AI programme, ‘Project Hawk’, which
is normally used to secure airports and public transportation areas against terrorist attacks.
Through the use of cameras, the programme is able to identify people in crowds whose
behaviour is suspicious. It can also analyse whether those people are likely to carry
weapons. TechAnon explained that Techmania software developers would be able to
customize the software according to the RAF’s preferences and integrate it into the targeting
systems of RAF armoured vehicles and other autonomous systems.

23. Lt. Gen. Crendle was delighted with TechAnon’s response. An agreement was signed on
16 November 2022 between the RAF and TechAnon for the provision of Techmania’s
services. It stipulated that Techmania would have a designated workspace located in the
RAF Intelligence Division, given the project’s highly classified nature.

24. On 19 November 2022, in an effort to foster meaningful diplomatic relations and as a strong
show of solidarity, the Kingdom of Rufus endorsed the Political Declaration on
Strengthening the Protection of Civilians from the Humanitarian Consequences arising from
the use of Explosive Weapons in Populated Areas.

25. Between 28 November and 19 December 2022, the militarized version of the Project Hawk
software was tested in computer simulations with generally satisfactory results. Internal
Techmania memos revealed that Project Hawk had no issues identifying individual threats or
threats in small groups of individuals. However, with groups of 50 people or more, the
results indicated a higher likelihood that the software would malfunction due to the
increased data processing times.

26. The findings of the simulations were provided to Lt. Gen. Crendle for his decision on
whether to proceed. On 5 December 2022, RAF armoured vehicles were tested in
mountainous terrain in the north of Lotus Province. Through optical sensors, its targeting
system was programmed to automatically identify potential threats, select targets and open
 fire in 10 seconds, unless the human operator decided to either manually fire or abort the
operation. The Project Hawk software collected data on threat identification and target
selection and sent this data to RAF servers, accessible to all RAF units. RAF units reported
fewer civilian casualties with significantly less damage to civilian objects compared to
ordinary armoured vehicles without the software. The data equally demonstrated that the
operators opened fire 3.5 seconds after the target was acquired. Rarely did RAF operators
abort fire.

27. RAF legal officers conducted reviews of these weapon systems to assess their legality
before they could be employed, pursuant to Article 36 of Additional Protocol I. However, as
the software was developed by Techmania, the legal officers did not have the technical
expertise to understand the algorithms and therefore struggled to understand how the
targeting system arrived at a particular decision. Yet, due to the pressure from Lt. Gen.
Crendle and the weapon system’s impressive targeting precision, the legal review
assessment outcome confirmed the weapon system’s legality. The software was installed on
all RAF armoured vehicles.

28. On 20 December 2022, due to the unrest that followed from Sarah Hurley’s death, King
Rufus IV declared a state of emergency and called on RAF to support Rufus police. On 21
December 2022, the Rebellion organized a rally in Mooseville Plaza to commemorate her
death.

29. Three days before the rally, the Rebellion used its social media channels to call on all those
in support of the cause to block the streets and to stall the advance of any Rufus security
forces. Around Mooseville Plaza, barricades were erected with civilians behind them,
holding banners with pro-Rebellion slogans calling on the Rufus government to free the
Clemon people. In line with the movement’s values of respect, dignity and freedom,
Rebellion members advised those attending to bring any weapons available as the RAF “are
very unpredictable and are capable of responding with violence”. The day before the protest,
the Rebellion’s leader, Frida Lahlo, briefed the attendees via social media on measures to be
taken “in case of an emergency” and advised attendees not to fear, and that, “the protest will
take place in full force regardless of any obstacles”.

30. On the day of the rally, Rebellion members were armed with a few small arms and light
weapons such as revolvers, self-loading pistols, assault rifles, and light machine guns in the
event of a potential attack. Many Rebellion supporters were also dressed in similar clothing
as Rebellion members with slight differences in uniform—some wore blue jumpsuits with a
white wolf as an arm band and others wore wolf masks with blue jumpsuits. RAF and Rufus
police units were ordered to prevent any escalation of violence from occurring. During the
rally, the RAF’s unit of 10 armoured vehicles arrived at Mooseville Plaza. The square was
 blocked by approximately 250 civilians. While the protest was initially peaceful, tensions
quickly began to escalate. One of the protesters was quite drunk and started an argument
with a RAF soldier. Rufus police intervened, tackling the protester to the floor and
subsequently arrested her. In response, people from the crowd became agitated and more
aggressive, swearing and pushing police and RAF personnel in the vicinity.

31. The RAF commander, Major General Escobar intervened and negotiated the peaceful
evacuation of the plaza. During the negotiation, the optical sensors of one of the vehicles
identified a potential threat in a building behind the protesters which looked like an armed
Rebellion member. The RAF operator of the vehicle immediately opened fire at the building
based on Project Hawk’s target identification. Some panicked protesters believed they were
the object of the attack and threw stones and iron bars at the armoured vehicle in addition to
two others parked adjacent. The two armoured vehicles identified these civilians as potential
threats and 10 seconds later, they automatically opened fire, killing 90 people and wounding
50 more. Two other armoured vehicles identified a sea of blue uniforms and, recognizing
these as threats, started firing 10 seconds later. A further 50 Rebellion supporters and 20
Rebellion members were killed. The data later indicated that the software failed to correctly
identify the uniforms of Rebellion members and instead identified all persons wearing blue
as potential threats. This was never tested in the testing and evaluation stage of the legal
review process. In retaliation, Rebellion members fired shots directed towards the RAF and
Rufus police. Five Rebellion supporters in the crowd armed with pistols also started
shooting at police and RAF. Five Rufus police officers were killed, and 2 RAF soldiers were
seriously injured.
32. In the immediate aftermath of what was dubbed ‘the Mooseville Plaza massacre’, messages
expressing fierce allegiance to the Rebellion were trending on social media. Leveraging this
wide support, Frida Lahlo held a meeting with Rebellion members. She exclaimed, “our
people have been marginalise and oppressed for too long. It has to stop, and it will stop
NOW. This is war!”.
33. On 23 December 2022, the Rebellion expanded its recruitment of members. Given the
significant increase in Rebellion members into the thousands, many of them former RAF
military personnel, Lahlo realized the need to acquire more weapons with high levels of
sophistication in order to defeat the Rufus Government. International and regional media
outlets such as the Zing Daily reported on the Rebellion’s recruitment campaign and
interviewed Lahlo. In the interview, she called on anyone willing to provide the Rebellion
with financial support to help liberate the Clemon people.
34. Two days later, Prime Minister Jono Romo of the Republic of Dave contacted Lahlo and
entered into an agreement to support the Rebellion financially and militarily in exchange for
gold deposits after hostilities ceased. Over the Christmas and new year period, the Rebellion
invested heavily in training led by new recruits who were former RAF members and
convened regular meetings to discuss its operational strategies. It also set up its headquarters
 (HQ) in an abandoned storage facility connected to Rosebud Hospital through a 500m long
tunnel, where it also stored its military arsenal. By 6 January 2023, the Rebellion acquired
200 precision guided munitions,
30 drones and 20 fighter jets from the Republic of Dave. Rosebud Hospital is the only fully
operational hospital in the province.
35. On 12 January 2023 at 11:00 pm, Rebellion members deployed two drones armed with
precision- guided missiles to bomb a RAF military storage facility. Five RAF soldiers were
killed from the explosion. Rebellion fighters then advanced to the facility, and successfully
captured 5 RAF armoured vehicles containing machine guns, grenades, rocket propelled
grenades and ammunition.
36. On 13 January 2023, King Rufus IV made a televised statement strongly condemning the
attack on RAF soldiers and demanded the return of the stolen vehicles, weapons and
ammunition. He called for the arrest and punishment of all responsible Rebellion members,
compensation for the loss of life of RAF soldiers and assurances of non-repetition. On the
same day, in a note verbale to the UN Security Council, the Kingdom of Rufus stated that it
regarded the situation in its territory as a threat to international peace and security. The UN
Security Council however did not adopt any resolution. On 16 January 2023, the Rebellion
denied any responsibility for the alleged acts and rejected King Rufus’ demands.

37. On 2 February 2023, RAF intelligence reports revealed that the Republic of Dave had been
providing the Rebellion with military and financial support. The reports claim that the
Republic of Dave was behind the attack on the RAF storage facility. Further details
indicated that the Republic of Dave supplied the Rebellion with modern weapons and
ammunition in the event of a potential civil war. In a media interview at a local radio station,
when questioned, Prime Minister Romo denied the allegations. However, he described the
situation in Rosebud Province as “distressing” and that he finds it difficult to watch his
fellow Clemons be treated unfairly.
38. On 5 February 2023, the RAF launched air strikes primarily targeting Rebellion members
residing in Rosebud Province. Many of the individuals targeted were located in the northern
part of the province away from the rest of the Clemon population. Ten Rebellion members
were killed.

Operation Dark Horse

39. Maj. Gen. Escobar received unverified intelligence that the Rebellion was using the
Rosebud Hospital as its headquarters and storing its weapons in a nearby storage facility. On
12 February 2023, TechAnon received a request from King Rufus IV for Techmania to start
a dissemination campaign claiming that the Rebellion Movement is a terrorist organisation
with plans to destroy the Kingdom of Rufus and its people.
40. King Rufus IV convened a closed-door meeting the following day with TechAnon, RAF
Head of Intelligence, RAF Head of Operations, RAF Head of Military Strategy and the
 Chief of Staff (Lt. Gen. Crendle). The purpose of the meeting was to discuss the military
strategy to win the war through a dissemination campaign. King Rufus IV sought
TechAnon’s technical expertise and input given his significant contributions to the RAF’s
war efforts to date. TechAnon sought clarification on what the campaign would involve.
King Rufus IV informed him that the objective was to influence behaviours and turn people
against the Rebellion. TechAnon asked if this was legal, to which Lt. Gen. Crendle reassured
him that information operations have long been part of armed conflicts and that he has
nothing to worry about. On this basis, TechAnon agreed to assist in the operation and
suggested that he could use TechTalk as a platform to disseminate the information.
41. Correspondence following the meeting indicated that all members agreed to the campaign to
destroy the Rebellion’s reputation by leaking a doctored RAF intelligence report detailing
the use of Rosebud Hospital as its headquarters. Given Techmania and TechAnon’s expertise
in AI, TechAnon suggested that a ‘deepfake’ video could be created to portray the Rebellion
as the ‘enemy’. However, no concrete details were elaborated.
42. On 15 February 2023, a stream of messages flooded social media platforms, national and
international media outlets, fuelling the narrative that the Rebellion were terrorists. These
messages were also disseminated within military bases of RAF. Over the next 2 months,
there was a clear divide in public opinion—with even some members of the Clemon
community turning against the Rebellion. The opposition against the Rebellion was reflected
in bouts of violence across the country, where racially motivated stabbings and other killings
targeting Clemons occurred.

43. To fuel further hatred and fear towards the Rebellion, Techmania leaked the findings of the
doctored RAF intelligence report to the media showing that Rosebud Hospital was being
used as Rebellion’s headquarters and that the medical personnel were not actually doctors.
Shortly after the report was leaked, Techmania anonymously published a deepfake video
using state-of-the-art AI to portray a Rebellion member dressed in doctors’ scrubs torturing
an unknown male with surgical tools.
44. The Rufus Government subsequently issued the below statement to all residents of Rosebud
Province and surrounding villages:
“ATTENTION: To all residents of Rosebud Province and surrounding villages, a video has
been leaked which reveals the true nature of Rosebud Hospital personnel. The Rufus Armed
Forces Intelligence Division has verified this video and has confirmed that Rosebud
Hospital staff are actually Rebellion fighters. For your own safety, do NOT visit the hospital
under any circumstances. The Rufus Armed Forces are working tirelessly to eradicate each
and every one of them.”
45. By 10 April, 30% of the Clemon population had stopped attending Rosebud Hospital for
treatment out of fear that they would be attacked by Rebellion members.
46. On the night of 11 April, Maj. Stewart ordered his troops to conduct artillery strikes around
Rosebud Hospital, with the storage facility as its primary target. The strikes caused the
 ammunition and grenades to ricochet off one another, causing a large explosion. Twenty
medical personnel, 15 Rebellion members and 50 others were killed—the majority of whom
were expectant mothers and young children.
47. The following day, Frida Lahlo denounced the attack as an unlawful use of force against the
hospital and medical personnel and claimed that the Kingdom of Rufus was committing war
crimes. King Rufus IV made a public statement refuting the allegation and declared that the
attack was lawful as a necessary measure for RAF to finally “neutralize the terrorist
organization”. King Rufus IV acknowledged the unfortunate loss of civilian life adding that
this was simply collateral damage and that the attack was otherwise lawful under IHL. He
exclaimed:
“The RAF’s military operations aimed to remove the threat posed by the Rebellion
to the Rufus population as a whole. I therefore warn all you Rebellion rats to surrender
because this war will only continue to destroy you. For those of you who even attempt to
assist these terrorists, you will go down in flames”.
48. Devastated by the horrific attacks on the Rebellion and the Clemon people, Lahlo sought
advice from Prime Minister Romo. Based on the claims made in the RAF intelligence
reports, she was worried about future RAF retaliation against the Rebellion and that they
would be ill-prepared for further attacks on its members.
49. In response to Lahlo’s concerns, on 14 April 2023 Prime Minister Romo appointed Col.
Smith of the Dave Armed Forces (DAF) as a military advisor to the Rebellion. In this
capacity, Col. Smith attended virtual meetings with Rebellion leadership to discuss the
ongoing hostilities against the RAF. Rebellion members provided Col. Smith with regular
updates on operations in the field. Col. Smith also shared with Lahlo intelligence from the
DAF’s sophisticated military technology, including the mapping of RAF military bases and
its planned military operations. Col. Smith reassured Lahlo, “not to worry, this is far from
over, we will win this war”.
50. The Republic of Dave also sent the Rebellion more military equipment, including drones
and autonomous fighter jets. Acting on Col. Smith’s advice, Lahlo and members of the
Rebellion travelled to the border of Rosebud Province and launched several missile strikes
on RAF military positions. This was a significant blow to the RAF’s operations. Maj. Gen.
Escobar was forced to revise planned manoeuvre and to be more strategic in the RAF’s
approach.

Operation Silver Fox

51. On 4 May 2023, Lt. Gen. Crendle convened a meeting with Maj. Gen. Escobar, King Rufus
IV and TechAnon at RAF HQ where they discussed strategic, operational and tactical
planning “to take down the enemy”. The objective was to disrupt communication links
between the Rebellion’s central command, front-line fighters and the Republic of Dave in
order to neutralize the enemy and to prevent the planning of further military operations.
52. At the meeting, Maj. Gen. Escobar advised King Rufus IV of the plan to target the
Rebellion’s headquarters, by temporarily disabling Rosebud Province’s power grid followed
by a cyber-attack. He explained the attack would be carried out in two phases. Phase One
would consist of targeting Rosebud’s electricity grid to cause a blackout for 4 days in order
to suspend communications between the Republic of Dave and the Rebellion through a
kinetic attack on its electric substation. Phase Two would be launched immediately after the
electricity has been restored, to ensure all satellite communications would be inaccessible
between the Republic of Dave and the Rebellion for a period of 20 days.
53. His eyes shifting from the King, Maj. Gen. Escobar turned to TechAnon for advice on
whether it was possible to hack into a commercial satellite called Marlink. Marlink is
licensed in the Democratic Republic of Trey and used in the Republic of Dave by the
Rebellion. He added that Marlink also provides telecommunication services to the public in
the Kingdom of Rufus and in the Republic of Dave. Conscious of this fact, he asked whether
it was possible to target the specific military communications component of Marlink rather
than the satellite as a whole. TechAnon advised:
“It would be difficult, but it’s not impossible. Techmania has never actually hacked into a
satellite provider before, but we have previously developed malware to temporarily shut
down networks to certain government agencies. How it would work is that malicious
malware would be spread to compromise Marlink’s ground networks, forcing its modems to
freeze and shut down.”

54. After careful consideration, Lt. Gen. Crendle requested Techmania’s assistance to hack into
Marlink in return for a significant sum of money. Lt. Gen. Crendle reassured TechAnon that
the attack would be the safest possible option for the civilian population as it would not
result in any civilian casualties. King Rufus IV endorsed the plan and told Maj. Gen.
Escobar to “strike hard against those Rebellion and DAF rats by all means necessary”. He
added that “the neutralization of the hospital is paramount to winning this war!”

55. Mindful of the Kingdom of Rufus’ recent endorsement of the political declaration on
explosive weapons in populated areas, Lt. Gen. Crendle sought to fulfils the Kingdom’s
commitments under the declaration by issuing a directive requiring division commander
authorisations for any use of explosive weapons where there is a concentration of civilians
and civilian objects. After careful consideration, Maj. Gen. Escobar instructed RAF troops to
target Rosebud Province’s electrical substation by using precision-guided missiles. These
missiles were developed by the Kingdom of Rufus to specifically minimize collateral
damage. A collateral damage estimate indicated that there would be a 35% probability that
civilian damage would occur around the substation. To mitigate the risks to civilians, text
messages were sent out requesting civilians to evacuate the surrounding areas and advised
that there would be a blackout for the next few days.
56. On 12 May at around 9:00 pm, Maj. Gen. Escobar ordered RAF troops to launch the
missiles. The attack caused a large explosion, killing 50 people and destroyed several
residential apartment buildings in the surrounding area and caused a 1-week blackout across
the province. Electricity was restored after 6 days of major repairs.

57. Later that night on 18 May, Techmania conducted a cyberattack, spreading malware to the
Marlink satellite ground network modems. The following day when Marlink employees
tried to log on to their computers, the software wiped out all their data, freezing and shutting
down their systems. A few hours later, Techmania identified an issue with the malware. The
malware had spread to the entire satellite network, instead of the military communications
segment of the network alone. A Techmania member, Snowy Allen, informed TechAnon of
this error. TechAnon subsequently advised Maj. Gen. Escobar of the issue and warned that it
would take up to 30 days to rewrite the software for the satellite to be operational again. On
6 June 2023, the network became fully operational.

58. The attack deeply impacted the lives of those living in and around Rosebud Province and the
rest of the country, the Republic of Dave and parts of the Democratic Republic of Trey. The
absence of satellite data for navigation crippled the aviation and transport sectors in all three
countries. The outage disabled tens of thousands of modems that communicate with the
Global Positioning System (GPS) satellite, disconnecting internet connectivity to thousands
of people in the affected areas. The Kingdom of Rufus was the worst affected—with all
flights, trains and oil exports via shipping routes grinding to a halt as well as massive traffic
jams across the country. The Democratic Republic of Trey’s primary energy sources is
derived from wind turbines which were connected to Marlink’s modem. Due to the outage,
approximately 500 wind turbines became disconnected but, luckily, they were still able to
operate on ‘auto mode’. The Kingdom of Rufus and the Republic of Dave’s banking
systems, financial markets and power grids were all heavily impacted due to the loss in time
synchronisations, which resulted in economic crisis and power outages.

59. The loss of power directly impacted the functioning of Rosebud Hospital. The hospital
relied on emergency generators for 4 days, however within the next 48 hours the hospital ran
out of fuel and lost power. People from remote villages were unaware of the power outage
and continued to travel long distances to the hospital for medical care—unable to receive
care, many of them died. Several deaths were also caused by the hospital’s inability to carry
out medical procedures and operations due to the lack of refrigerators to preserve medicine
and the inability to access critical health data. Urgent surgical operations had to be
postponed and the disruption caused delays in processing medical tests. Many health
conditions were thus left untreated resulting in the person’s overall health to deteriorate.
 60. Throughout Rosebud Province, water and sanitation plants began to collapse due to the lack
of electricity to pump water through their systems. This resulted in contamination of the
water supply. After several weeks in poor hygiene conditions, an outbreak of infectious
diseases occurred resulting in diarrheas and cholera. Despite concerted efforts of medical
personnel, hundreds of people died.

61. In June 2023, a UN report published findings that more than 150 wounded and sick
Rebellion members died from the failure to carry out medical procedures and at least 500
civilians (mostly elderly and infants) died from water-borne illness.

62. The Rebellion was unable to communicate or plan any further operations—with many of its
autonomous capabilities relying on satellite GPS data to operate. The Rebellion was forced
to evacuate its HQ and moved further up north in a remote location surrounded by
mountains and forests.

Archie the TechBot

63. On 15 June 2023, following the cyberattack on the powerplant, Lt. Gen. Crendle was so
impressed with TechAnon’s efforts that he made another request to create a highly
sophisticated AI machine learning program to be installed in a fleet of autonomous fighter
jets as well as drones to gather intelligence. After the impact of Operation Silver Fox,
TechAnon said he would only create the software if the RAF could guarantee that he would
not be held responsible for any wrongdoing. Lt. Gen. Crendle emphasized that the previous
attack was permissible under the law of armed conflict and that the consequences were
merely collateral damage. He advised TechAnon with confidence, “you don’t need to worry
about all of that—I am a Lieutenant General. Based on my significant experience in combat
operations, I can assure you, you are in good hands”.

64. Reassured by his remarks, TechAnon agreed to his request. During secret talks between the
RAF and Techmania members, TechAnon informed Lt. Col. Crendle that Techmania had
developed an experimental AI programme, Archie the TechBot. Archie is a self-learning AI
programme that independently collects data through drones. It then analyses the data and
uses the outcome of the analysis to select targets. Archie the TechBot also responds to voice
commands. TechAnon assured Lt. Gen. Crendle that after further development of its
software, Archie the TechBot could become fully operational by 1 July 2023.

65. In the month of June, Archie the TechBot’s software was programmed based on known
operational and tactical manoeuvre employed by Rebellion fighters. The software was
programmed to recognize the Rebellion’s distinctive sign—a white wolf on a blue
background. Since the Rebellion fighters operated in small groups, the software was
programmed to focus on small groups of people. Archie was also provided with the last
 known locations of the Rebellion command centre in the mountains north of Rosebud
Province.

66. A fleet of autonomous fighter jets were deployed as a test run to target a senior member of
the Rebellion, Koko Loco. Prior to its deployment, RAF Air Force Commander, Admiral
Lydie Koby requested Archie the TechBot for the best strategic positioning against the
Rebellion’s military operations. The data showed that those groups frequently met near
small, abandoned villages and historical monuments which dotted the mountainous region
north of Rosebud Province and were often the only landmarks in the area. Archie also
discovered important Rebellion command centre and munition stockpiles in abandoned and
dilapidated nursing homes in the north of the province. On 5 July 2023, Admiral Lydie Koby
asked Archie to launch the autonomous fighter jets. Archie successfully carried out
numerous strikes against Rebellion fighters, including Koko Loco, with minimal civilian
casualties.

67. After the successful deployment of Archie the TechBot, Maj. Gen. Escobar wanted to
strengthen RAF’s defensive capabilities and strike the Rebellion fighters even harder. The
following month, many wounded Rebellion fighters were transported to the Mountain view
Nursing Home. It was one of the last remaining operational nursing homes in the province
and provided basic medical procedures to nearby villages. The nursing home was the only
available medical care to Rebellion fighters. Wounded fighters were brought to the nursing
home in vehicles marked with a red cross on a white background. For a period of 12 days,
Archie drones collected data on the activities around the nursing home. On 20 July, an
Archie fighter jet struck an ambulance parked outside the main entrance of the nursing
home, killing an unknown number of patients and medical staff— including the elderly,
children, and 20 wounded Rebellion fighters (5 of whom were inside the ambulance).
68. During the Dave Government’s criminal investigation into TechAnon, internal memos
revealed that the software developers who programmed Archie’s algorithms had reported
several issues to TechAnon. The AI component of the algorithm struggled to make decisions
in situations when the identified target was not clearly a military objective or combatant.
TechAnon instructed the software developers to re-program the algorithms as much as
possible to prevent Archie from accidentally targeting civilians or civilian objects. The
software engineers expressed doubts, noting that further developments would be insufficient
to ensure Archie the TechBot would make the correct decision. In his response via email,
TechAnon asked the software engineers to keep a close eye on Archie’s progress and to
continuously develop the targeting algorithms as required.
ProjectIntegr8
69. Once several Rebellion targets had been neutralized, King Rufus IV urged the government
to refocus its attention to bringing peace to the country and to implement its e-governance
system. The Rufus Government requested Techmania’s assistance with the project in
 exchange for the most significant amount of money it had been offered to date. Given
Techmania’s interests to expand its operations across the region, it could not decline the
offer. Techmania was requested to implement an e-governance and smart city system. On
behalf of Techmania, TechAnon agreed, explaining that it had already run similar projects in
neighbouring countries. Through public CCTV cameras, numerous apps and social media on
smartphones, real time data is collected from various sources such as transit, traffic, health
services, security, and community news. The data is collected with the consent of the users
and is stored on servers in the port city of El Contra Kantro (ECK) in Sunflower province.
Mooseville is the first city in the Kingdom to test the project as a pilot.

70. In August 2023, using the data provided by Techmania, RAF and police made mass arrests
of Rufus residents who supported the Rebellion or were involved in the protests a few
months prior. The large-scale arrests attracted widespread media coverage.

71. On 7 September 2023, the Rufus Government held a meeting to discuss how to deal with the
mass arrests. It soon became apparent that there were not enough facilities to hold all
arrestees for a longer duration. The government had no capacity to house all individuals
arrested for expressing support for the Rebellion, which made up the majority of the
arrestees.

72. During the meeting, the Rufus Minister of Justice noted that Techmania had developed a
programme in the Republic of Dave called ‘ProjectIntegr8’ which was used to monitor
prisoners who were deemed fit to re-enter society. How it works is that prisoners are
assigned residences with special magnetic locks which can be unlocked by an app installed
on a smartphone. Every time a prisoner wants to leave their residence, they would be
required to submit a leave request in the smartphone app. If the software approves the
request, it will unlock the door. During their leave time, the location of the prisoner would
be broadcast onto the smartphone’s app and this would activate public CCTV cameras to
instantly locate the prisoner if they deviated from their leave location or attempted to escape.

73. On 15 September 2023, to contain the threat posed by the Rebellion and any further attacks,
King Rufus IV contacted TechAnon to inquire about the implementation of ProjectIntegr8 in
Mooseville. In a video conference with TechAnon, King Rufus IV, Lt. Gen. Crendle and
Maj. Gen. Escobar made extensive inquiries about ProjectIntegr8 and asked if it could be
used to monitor larger groups of people who pose security threats. No mention was made of
the use of ProjectIntegr8 in the Republic of Dave. TechAnon confirmed that with some
adjustments, ProjectIntegr8 could be used in a similar manner and reassured that the
updated version of the software could be launched by 1 October 2023.
74. Between October and November 2023, Lt. Gen. Crendle ordered the RAF to assist the Rufus
Government to implement ProjectIntegr8 in Mooseville following the mass arrest of
 Rebellion sympathizers who were involved in spreading messages of support to the
Rebellion. Among the arrestees were 7 wounded Rebellion members requiring medical care,
30 Rebellion sympathizers, 1 doctor and a former Techmania member, Snowy Allen (a
Republic of Dave national) who was accused of espionage and was part of Operation Silver
Fox.

75. The 30 Rebellion sympathizers and doctor were confined to their homes, which were
outfitted with special magnetic locks that could be opened by using the smartphone app.
They were able to leave their homes at designated times for groceries, medical visits or
leisure activities. Their location was constantly monitored by the smartphone app and on
security cameras throughout Mooseville. Any arrestees who violated the restrictions faced
imprisonment. Every 3 months the government would review whether the restrictions
against a particular individual should be maintained.

76. As for the 7 wounded Rebellion members and Snowy Allen, conditions were more stringent.
They were held together in a 4-bedroom apartment, with two people in bunk beds in each
room. While they were permitted to leave the apartment for medical purposes, they were
continuously supervised by a male RAF soldier. One Rebellion member was pregnant. Over
the course of 1 month, 6 Rebellion members required sanitary pads but were provided with
only 2 boxes of 12 pads each. All arrestees were given the same food to eat—including the
pregnant Rebellion member. Despite numerous complaints made, they remained unheeded
until only 1 month before their release. Rebellion members requested more sanitary pads,
nutritious food to help them heal, pregnancy-friendly food, and the separation of quarters as
1 Rebellion member shared a room with Allen.

77. Outraged by the situation in the Kingdom of Rufus, the Democratic Republic of Trey
referred the situation to the ICC on 26 January 2024. At the same time, the Democratic
Republic of Trey launched investigations into whether Techmania was supplying weapons
and technology to the Kingdom of Rufus. On 9 February 2024, the Democratic Republic of
Trey issued an arrest warrant against TechAnon for the transfer of illegal weapons to the
Kingdom of Rufus. However, TechAnon had already fled the country to the Kingdom of
Monstera. On 12 February 2024, the Democratic Republic of Trey requested the Kingdom
of Monstera to extradite TechAnon. This request was refused. Two days later, the
Democratic Republic of Trey submitted evidence to the Office of the Prosecutor of the ICC.
The Democratic Republic of Trey indicated that under its national law, it was unable to open
a criminal procedure against TechAnon in his absence on its territory. The Kingdom of
Monstera also declined to open any criminal investigation into TechAnon.

78. On 18 March 2024, the ICC issued an arrest warrant against TechAnon. The next day,
Monstera police officers arrested him at his family’s house in Monstera. On 23 March 2024,
 TechAnon was transferred to the ICC detention facility in The Hague. TechAnon, whose
true identity was finally revealed to be Ashley Krish, has since protested his arrest and
maintains his innocence, calling the charges unjustified as he was only involved in the ‘tech-
side of things’ and never killed anyone.
Charges

PRE-TRIAL CHAMBER III

Document Containing the Charges against TechAnon
The Office of the Prosecutor ("Prosecution") herewith submits the Document Containing the
Charges against Ashley Krish (Alias: TechAnon) filed on 24 March 2024
At The Hague, The Netherlands
Count 1
With respect to the use of Project Hawk targeting software in RAF armoured vehicles resulting in
the killing of 140 and wounding of 50 civilians gathered at Mooseville Plaza in Mooseville on
21 December 2022:
On the basis of individual criminal responsibility for aiding and abetting or otherwise assisting the
commission of the crime, pursuant to Article 25(3)(c) Rome Statute
The war crime of intentionally directing attacks against the civilian population as such
or against individual civilians not taking direct part in hostilities in Article 8(2)(e)(i) of
the Rome Statute

PRELIMINARY MATTERS
THERE WAS THE EXISTENCE OF A NON-INTERNATIONAL ARMED CONFLICT
A non-international armed conflict [“NIAC”] occurs when an armed conflict takes place between a

state and an organized armed group and the requisite thresholds, i.e., organization and intensity, are
met. A non-international armed conflict occurs when there is protracted armed violence and
intensity.
A. THRESHOLD FOR ORGANIZED ARMED GROUP

“Organized armed group” is demonstrated through the command structure and disciplinary rule, the
existence of headquarters, armed equipment, the group’s ability to plan and carry out the military

operation for a prolonged period of time evidenced by the capacity of controlling a part of the
territory.
Here, the rebellion demonstrates the organization through; (i) command structure (e.g., mention of
senior member Koko Loco); (ii) control of territory (operations in mountainous regions); (iii) ability
to carry out military operations.
B. THE INTENSITY OF THE CONFLICT
For “protracted armed violence” to exceed the situation of “internal disturbances and tensions”, it is

required a high intensity of an armed conflict. Assessing through the seriousness of attacks and the
potential increase in armed clashes, spread over territory in a period of time, increase of government

forces, mobilization and distribution of weapons, involvement of United Nations Security Council,

and the number of civilians evacuated from the combat zones. If the required level of intensity is
not reached, crimes committed in such a context would not be within the jurisdiction of the Court.
5. Here, the conflict meets the intensity threshold due to; (i) the deployment of RAF forces and
autonomous fighter jets; (ii) Prolonged duration (from June to at least November 2023); (iii)
Involvement of sophisticated weaponry (AI-controlled drones and jets); (iv) Significant number of
casualties.
C. NEXUS BETWEEN THE ALLEGED CRIMES AND THE NIAC

6. In Ntaganda, the alleged crimes are closely linked to the hostilities.

7. Here, the perpetrator, “RAF”, is a party to the conflict. The acts serve the ultimate goal of
the military campaign against the Rebellion. The crimes alleged were committed as part of
the perpetrators’ official duties.
8. Thus, the situation in the Kingdom of Rufus constitutes an NIAC under Article 8(2)(e) of
the RS.

II. THE CASE IS ADMISSIBLE WHEN IT IS OF SUFFICIENT GRAVITY

9. The case becomes admissible when the alleged crime charges are sufficiently grave, which

requires both quantitative and qualitative effects, such as scale, nature, manner, and impact of the
crimes.

10. Scale encompasses the number of victims affected and the extent of the geographical and

temporal scope of the harm. Here, the crime spanned over several months, causing numerous

civilian casualties, the widespread implementation of ProjectIntegr8.

11. Nature refers to the seriousness of the crime, and the specific elements of each offense such as

killings, rapes, and other crimes involving sexual or gender violence. Here, there was the existence
of attacks on protected persons and objects such as medical facilities, and inhumane treatment of
unlawful confinement.
12. Manner refers to a crime committed manifested in its policy, mode of execution, or vulnerability

of the victims. Here, the use of advanced AI technologies in warfare to target civilian objects,

systematic surveillance and restriction of civilians (ProjectIntegr8).

13. Impact is assessed through victims’ suffering. Here, significant civilians suffered through
violations of the fundamental human rights of freedom of movement and privacy.
14. Thus, the case is of sufficient gravity to be admissible under Article 17(1)(d) of the RS.
III. STANDARD OF PROOF
15. The Pre-Trial Chamber shall determine whether there is sufficient evidence to establish

substantial grounds to believe that the person committed each of the crimes charged. The Office of
Prosecutor [“OTP”] will provide sufficient evidence to establish “substantial ground to believe”
that concrete and tangible proof demonstrates a clear line of reasoning that strengthens specific

allegations, all war crimes and criminal liabilities are established.

16. Article 61(7) of the RS requires “substantial grounds to believe” that the person committed
each of the crimes charged.

17. The “substantial grounds to believe” standard is higher than the “reasonable ground to
believe” required for an arrest warrant but lower than the “beyond reasonable doubt”
required for conviction.

18. The Prosecutor must provide sufficient evidence to establish “substantial grounds to
believe” that the accused committed the alleged crimes.

COUNT 1:
TECHANON IS LIABLE FOR AIDING AND ABETTING THE WAR CRIME OF
ATTACKING CIVILIANS UNDER ART. 8(2)(E)(I) OF THE ROME STATUTE
ARTICLE 8(2)(E)(I) OF THE ROME STATUTE WAS ESTABLISHED
RAF DIRECTED AN ATTACK AGAINST THE CIVILIAN POPULATION, INCLUDING
INDIVIDUAL CIVILIANS NOT TAKING DIRECT PART IN HOSTILITIES

19. Whether in the contexts of IAC or NIAC, the term “attack” is an act of violence against the

adversary and subsequently, to “direct an attack”, there must be a causal connection between
the perpetrator and the attack which exists when a contributing act is initial conduct that

causes the crime. However, to constitute “an attack against the civilian population”, the

civilian must not be under the control of any member of the adverse or hostile party.

Additionally, “civilian population” comprises persons who are not combatants and even if
there are combatants within the civilian population, their status as civilians remains
immutable.
 20. Here, on 21 December 2022, the RAF killed 140 civilians and 20 Rebellion members.
Notably, the rally consists of Rebellion members and individual civilians who are

supporters, not combatants and even if the Rebellion members were armed with weapons,
the status of the 250 civilians as a population shall remain as [Link], the objective
element of directing an attack against the civilian population, including individual civilians
not taking direct part in hostilities is established.
RAF WAS INTENDED TO ATTACK THE CIVILIAN POPULATION, INCLUDING INDIVIDUAL
CIVILIANS NOT TAKING DIRECT PART IN HOSTILITIES
21. The subjective element requires the perpetrator to (i) intentionally directed an attack against (ii)
the intended civilian population or individual civilians (iii) with the awareness of the civilian
population’s character and (iv) been aware of the factual circumstances that established the
existence of an armed conflict.
1. Intentionally directed an attack

22. The term “intentionally” here reflects article 30(2)(a) of the Rome Statute which stipulated that

intent exists where the conduct of the perpetrator demonstrates the means to engage in the conduct.
Subsequently, the term “conduct” refers to “intentional omission, where the causal result and moral
culpability of the intentional omission is equivalent to the achievement of the same result caused by
an intentional act” and the “means to engage in the conduct” signifies the “willingness to do the

action, in light of an awareness of the relevant circumstances or likely consequences”.

Consequently, intent and knowledge is indispensable and conjunctively, they constitute Men rea.

23. Despite knowing that Project Hawk will malfunction when targeting groups of 50 civilians or

more for potential threats and may result in lethal means. The RAF legal officers did not conduct a

rigorous review of the weapon’s legitimacy. Additionally, the attack can be intervened by the RAF,
however, they willingly failed to do so, and as a consequence of their inaction, Project Hawk failed

to distinguish civilian and potential threats, resulting in the death of 140 innocent civilians. Hence,
the subjective element of “intentionally directing an attack” is established.
2. Intended civilian population or individual civilians

24. This intention is established by behavior which are shown through “the means and methods
used during the attack, the number and status of victims, the discriminatory character of the
attack, and the nature of the act”.

25. Here, the RAF installed Project Hawk in armored vehicles to target civilians and distinguish

them from potential threats by using threat identification from collected data. When
potential threats are detected, the armored vehicles will fire automatically within 10 seconds,
 unless a human operator intervenes. During the rally, the RAF spotted a threat through
Project Hawk and opened fire which sparked some civilians to panic and threw stones and
iron bars at the RAF armored vehicles. Additionally, Project Hawk identified these harmless
civilians as potential threats and 10 seconds later, opened fire, killing 90 people and
wounding 50 more, instantaneously. Not long after, two other armored vehicles with Project
Hawk targeting system identified a sea of blue uniforms to be potential threats and opened

fire, resulting in 50 civilians and 20 Rebellion members killed. Thus, the subjective element
of the “intended civilian population or individual civilians” is established.
3. The awareness of the civilian population’s character

26. Awareness is constituted when the civilian population are considered as enemies. Here, 10 RAF
armored vehicles with Project Hawk targeting system arrived at the rally and began scanning and

identifying the civilian population for potential threats. This conduct is an indication that the
protestors were viewed as enemies, to begin with, and not long after, the objective manner of killing

those innocent civilian populations was committed. Hence, the subjective element of “the awareness
of the civilian population’s character” is established.

V. TECHANON IS INDIVIDUALLY CRIMINALLY RESPONSIBLE UNDER ARTICLE

25(3)(C) OF RS
A.
27. Aiding and abetting is an accessorial mode of liability whereby the perpetrator has contributed

to the commission or attempted commission of the crime by the principals. “Aiding” consists of the
provision of practical or material assistance to the commission of a crime; “abetting” concerns the

provision of encouragement or moral support to the commission of a crime. According to the ICC,
“aid” overlaps with “otherwise assists”, so that the latter does not have any separate meaning by

itself. Furthermore, an accused may be individually criminally liable on the basis of either form of

complicity as a practical matter; both are treated as one unified mode of criminal liability. Under
Article 25(3)(c), aiding and abetting consist of a material element and a mental element, both of
which are satisfied in the present case.
THE MATERIAL ELEMENT OF AIDING AND ABETTING IS SATISFIED
28. Concerning the material element, aiding and abetting comprises acts or omissions that provide

material or moral assistance to the principal perpetrator. The ICTY and ICTR have held that the
aiding and abetting must have had a substantial effect on, or substantially contributed to, the

commission of the crime. The material element can also consist of providing assistance to the

planning, preparation, or execution of a plan, policy, or strategy. In the present case, not only did
TechAnon agree to provide Techmania’s assistance to the RAF, he was the person who raised the

idea of the RAF using Project Hawk. Furthermore, TechAnon omitted from intervening in any way,
especially after Techmania memos revealed that there was a higher likelihood of malfunctioning
with groups of over 50 [Link], TechAnon aided the crime of attacking civilians by
providing the RAF with Project Hawk.
B. THE MENTAL ELEMENT OF AIDING AND ABETTING IS SATISFIED
29. An aider and abettor must not only act intentionally but must additionally act for the purpose

of facilitating the crime. In Bemba, mental element requires that the aider or abettor must be
aware of the crime’s essential elements, including the state of mind of the principal, but he
or she does not need to know the precise crime which was intended and committed by the

principal. The aider or abettor also does not need to share the intent of the principal

perpetrator.

30. Here, TechAnon was clearly aware that the RAF intended to use Project Hawk for military
purposes, especially through participating in the planning to customize and integrate it into

military targeting systems. Furthermore, the Agreement signed between RAF and TechAnon
shows that TechAnon wailfully and intentionally facilitated the crime. Thus, TechAnon was
aware of and intentionally aided the crime.

PRAYER FOR RELIEF

On the basis of the evidence provided, the Prosecution respectfully requests the Court to declare
that the case falls within the jurisdiction of the Court and that there are reasonable grounds to
believe that TechAnon is criminally liable for the War Crimes listed under Articles 8(2)(e)(i) of the
Rome Statute.