Opening Statement

Your honors, as you all know, war is always happening somewhere in the world. Wars

are mostly fought because people want power and control and believe that their views are the

only ones that are right. The war between the Lago and the Kani in Shansau is a great example of

this. The Kani took over in the Lago’s region to be able to have control over the mining of

diamonds. Thus causing an uprising of Lago people to reclaim their land. In the process many

people lost their lives, including dozens of children. Yes, you heard me right. Many children lost

their lives in this war, but I don’t only mean the children that lost their lives when the soldiers

invaded their villages, I also mean the ones that were abducted and forced to fight in the war.

They were called Child Soldiers. Arthur Mabo was the chief-in-command for the Patriotic Forces

for the Liberation of Shansau (The PFLS) and is said to have used child soldiers as part of his

army to get back the Lago territory. Alia Rutu has not only witnessed the PFLS abduct children

but those children she watched get taken away her own two sons, Ismael and Emmanuel. Arthur

Mabo has been said to be the cause of Emmanuel’s suffering and death and we firmly believe

this to be true. We will prove that Arthur and his troops wrongfully took Ismael and Emmanuel

using Articles 8 and 37 of The Roman Statute along with the statement that Arthur Mabo is

responsible for the suffering and death of Emmanuel using Article 28 of the Roman Statute,

which provides us with the information about Command Responsibility showing that Arthur is

truly responsible for these terrible terrible crimes.

Now, the defense team will try to convince you that Alia’s testimony is not completely

true due to the fact that she only witnessed her son’s abductions and none of the other said events

along with the fact there is no body to confirm Emmanuel’s death and that either Charles Yutu or
Troua are the true people who are responsible for the suffering and death of young Emmanuel.

But Emmanuel is still gone and article 28 states that a leader (and in this case the leader is

Arthur) is individually responsible for all the crimes his subordinates committed under his

command and control if he either knew or should have known in the circumstances at the time

that his forces were committing or were about to commit such crimes. There is also evidence that

Emmanuel, now age 13, and Ismael, now age 9, were either enlisted or conscripted to serve in

Arthur’s army and were treated with harsh and violent treatment and that Emmanuel was a child

soldier active in combat forced to fight for the PFLS. Emmanuel can be announced dead as death

may be concluded after the passage of a reasonable period of absence and at the request of a

legal representative, spouse, family member, or the competent authority with the Articles 6, 19,

and 20 of the ICRC’s Model Law of The Missing as a result of Armed Conflict or Internal

Violence or the International Committee of the Red Cross.

During this trial we will prove that Arthur:

1. Willfully caused great suffering

2. Was involved in unlawful confinement

3. Caused torture and harsh and violent treatment

4. Caused allowance of destruction of property

5. Was involved in the taking of hostages

6. Restrained a protected person to serve in the forces of hostile power

7. Administered children to torture or other harsh treatment or punishment (Under the

article 37 of the Roman Statute on the Convention on the Rights of the Child)

8. Did not respect or treat the children with respect

 9. Arthur is individually responsible for all the crimes his subordinates committed under his

command and control if he either knew or should have known in the circumstances at the

time that his forces were committing or were about to commit such crimes though Article

28

Alia lost her home, husband, and her son Emmanuel who was killed during combat while

under the influence of drugs due to Arthur’s cruel, harsh and inhumane acts. With Alia being a

victim, she will testify that she first handedly witnessed her sons Emmanuel and Ismael taken

away by the PFLS. Thank you for taking all of this under consideration and thank you for your

time.