Memo of Prosecutor vs. Colonel Calley Jones

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Table of Contents

I.ISSUE1
II.BRIEF ANSWER1
III.FACTS1
IV.Laws3
V.Analysis3
1.Overview3
2.Element of superior responsibility4
3.Superior-subordinate relationship5
4.Men’s rea-Knew or had reason to know6
5.Superior's Duty7
5.1 Duty to prevent7
5.2 Duty to punish7
5.3 Necessary and reasonable measures8
6.Discussion about this case8
VI.Conclusion9
References10

ISSUE

Does Colonel Calley Jones should take the responsibility of the war crime of violence to life and person, in particular cruel treatment and torture according to Article 8(2)(c)(i) of the ICC Stature?

BRIEF ANSWER

Calley Jones, as the commander of Katoland Armed Forces(KAF) and primary leader of National Crisis Council(NCC), does not take necessary measure to prevent war crime. So he should take the superior responsibility.

FACTS

West Drakonia is a part of Katoland republic, due to historical reason West Drakonia tries to independence for Katoland and join another country East Drakonia within the Federal Republic of Bariland(FRB).Members of West Drakonia movement had a series of conflict with Katoland security troops.

The situation deteriorate when the de facto republic held an independence referendum on 12 November 2009. Later Katoland national News Agency and Radio were hacked, the President of Katoland established the "National crisis Council" on 15th January. He appointed Colonel Calley Jones, Minister of Defence and Chief of the Armed Forces as Executive Vice-Chairman of the Council.

The first meeting of the NCC decided on three points of action:(i)to re-establish the legitimacy of Katoland sovereignty over West Drakonia;(ii) to reinforce tis military and security apparatus;(iii) to diminish the influence of the FRB in West Drakonia.

On August 1st, a police station of Katoland was attack by a bomb, Katoland suspect it was implemented by someone who associated with the Drakonian Nationalist Alliance(DNA) a organization that advocate West Drakonian should independence from Katoland. Some of the suspect were thought to have fled to Mesto the capital city of West Drakonia and then to have crossed the border to East Drakonia.

After that terrorist attack, Katoland and West Drakonia had a series clash, both of them claimed that some of their people died in clashes. In September 2010 the NCC endorsed Colonel Jones's proposal to put Western Drakonia under full military authority.Colonel Jones reassured the Council that "all necessary measures including any legitimate means and methods of warfare whatever the costs" would be taken to achieve the objective of re-establishing authority over Western Drakonia.

By the end of September 2010, the main towns and villages of West Drakonia were combed by armed and security forces. Those suspected to be either associated or supporters of the DNA militias were arrested and kept in custody. In the town of Argus (30,000 inhabitants) alone more than 800 persons were arrested and detained under the Emergency Powers Ordinance.

Three women detained at the time have claimed that, during their detention, male guards subjected them to a body search, touched them inappropriately, and threatened to strip them naked. They further claimed that they had been detained in an underground cell in a detention facility staffed entirely by men. According to them, the facility housed persons detained on criminal charges as well as those under administrative arrest. Among other things, they also claimed that: they were only fed twice a day; the heating system was turned off, despite almost freezing temperatures at night; there was inadequate light and ventilation; other prisoners and male staff could watch them use the toilet; and, they were frequently subjected to humiliating comments.

As a KAF unit was approaching a town named Corti, it came under heavy fire and shelling. The unit returned fire from...
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