Memo of Prosecutor vs. Colonel Calley Jones

Table of Contents

I. ISSUE 1
II. BRIEF ANSWER 1
III. FACTS 1
IV. Laws 3
V. Analysis 3 1. Overview 3 2. Element of superior responsibility 4 3. Superior-subordinate relationship 5 4. Men’s rea-Knew or had reason to know 6 5. Superior 's Duty 7 5.1 Duty to prevent 7 5.2 Duty to punish 7 5.3 Necessary and reasonable measures 8
6. Discussion about this case 8
VI. Conclusion 9
References 10

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

References: [3] METTRAUX, Guénaël. (2009). The Law of Command Responsibility (p. 217). Oxford: Oxford University Press. [4] WILLIAM, Schabas. (2004). An Introduction to the International Criminal Court (second ed., p. 105). Cambridge: Cambridge University Press. [2] AMBOS, Kai. (2009). Joint Criminal Enterprise and Commander Responsibility. Journal of International Criminal Justice, 5(1), 159-183. [3] Judge Bakone Justice Moloto,(2009). Command Responsibility in International Criminal Tribunals, Berkeley Journal of International Law Publicist, 3, 10-25. [4] WILLIAMSON, Jamie Allan. (2008). Some Considerations on Command Responsibility and Criminal Liability. International Review of the Red Cross, 90(870), 303-317. [9] Judge BAKONE Justice Moloto,(2009). Command Responsibility in International Criminal Tribunals, Berkeley Journal of International Law Publicist, 3, 15. [13] AMBOS, Kai. (2011). A President’s Responsibility for Crimes Against Humanity as Indirect Perpetrator by Virtue of an Organized Power Apparatus, Journal of International Criminal Justice, 9(1), 126. [15] WILLIAM, Schabas. (2004). An Introduction to the International Criminal Court (second ed., p. 105). Cambridge: Cambridge University Press. [16] METTRAUX, Guénaël. (2009). The Law of Command Responsibility (p. 217). Oxford: Oxford University Press. [19] WILLIAMSON, Jamie Allan. (2008). Some Considerations on Command Responsibility and Criminal Liability. International Review of the Red Cross, 90(870), 312. [22] AMBOS, Kai. (2009). Joint Criminal Enterprise and Commander Responsibility. Journal of International Criminal Justice, 5(1), 163.