CTAO Court: South Olpen War Crime Trial (invite only)

[Mitheldalond]

INTERNATIONAL COURT OF ARBITRATION
of the
Cylis Treaty and Arbitration Organisation
Mitheldalondian Branch

Cylis Treaty and Arbitration Organisation -v- THE UNIFIED PEOPLE'S FEDERATION OF SOUTH OLPEN Defendant(s)

Case No. 2022-MD-001 (CR) The Honorable Judge Lawrence Mandos presiding

COURT RECORDS AND DOCUMENTS

I. Summary of the Case

These are the proceedings of the trial of South Olpen for war crimes committed during the War in Muqqadasia.

II. Documents Filed With the Court

1. INTERNATIONAL COURT OF ARBITRATION
   of the
   Cylis Treaty and Arbitration Organisation
   Mitheldalondian Branch

   
   

   Cylis Treaty and Arbitration Organisation -v- THE UNIFIED PEOPLE'S FEDERATION OF SOUTH OLPEN Defendant(s)

   Case No. 2022-MD-001-CR The Honorable Judge Lawrence Mandos presiding

   
   

   CRIMINAL COMPLAINT

   
   I. Statement of Violations
   
   I, the complainant in this case, state that the following is true to the best of my knowledge and belief. During the Invasion of Muqqadasia, the defendant(s) violated:
   
   

   1. IV Geneva Convention Article 27 ¶ 1, and Article 32
      
      Mistreatment and killing of civilians
   2. IV Hague Convention of 1907 Article 25
      
      Attacking undefended towns or buildings
   3. IV Geneva Convention Article 53, and
      IV Hague Convention of 1907 Article 23(g)
      
      Unnecessary destruction of property
   4. IV Geneva Convention Article 49 ¶ 1
      
      Forcible transfer or deportation of civilians from occupied territory to a foreign country
   5. IV Geneva Convention Article 71 ¶ 1-2
      
      Denying civilians the right to a trial
   6. IV Geneva Convention Article 68 ¶ 2-4
      
      Improper use of the death penalty
   7. Convention on Certain Conventional Weapons Protocol III Article 2 ¶ 1-3
      
      Use of incendiary weapons on or near civilians or civilian objects
   8. Convention on Cluster Munitions Article 1 ¶ 1(a)
      
      Use of cluster munitions

   
   II. Description of the Charges
   
   This criminal complaint is based on these facts:

   Count 1:

   In the opening stages of the war, Olpenese naval and air forces on Pandora Island, either through deliberate intent or gross negligence, conducted a bombardment of the city and port facilities of Alexandria, Port Said, and Jerusalem, with no attempt to discriminate between civilian and military targets. These cities were largely undamaged by this attack only through the defensive efforts of the Muqqadasi military. (See prosecution Exhibits A and B). This is in violation of IV GC 27 ¶ 1, IV GC 32, IV GC 53, and IV HC-07 23(g).
   

   Count 2:

   Concurrently with Count 1, the same forces conducted an identical bombardment of Mersa Matruh. These attacks devastated the city, resulting in untold hundreds of civilian casualties. (See prosecution Exhibits A, B, and D).

   Count 3:

   Concurrently with Counts 1 and 2, Olpenese naval forces on Pandora Island conducted a similar bombardment of Beirut. These attacks resulted in substantial damage to the city and untold civilian casualties. (See prosecution Exhibits A and B).

   Count 4:

   Concurrently with Counts 1 through 3, Olpenese air forces employed incendiary munitions indiscriminately against the cities of Alexandria, Port Said, and Mersa Matruh, thereby violating CCCW-III 2 ¶ 1-3. (See prosecution Exhibits A and B).

   Count 5:

   Shortly after these initial attacks, Olpenese air forces conducted a second bombing campaign against the cities of Alexandria and Port Said. During this campaign, they intentionally attacked civilian areas and structures near which there were no Muqqadasi military assets, or otherwise made no attempt to differentiate between civilian and military targets. (See prosecution Exhibit C). This is once again a clear violation of IV GC 27 ¶ 1, IV GC 32, IV GC 53, and IV HC-07 23(g).

   Count 6:

   Olpenese air forces conducted bombing attacks against the infrastructure of Cyprus, again with no attempt to differentiate between military and civilian targets. (See prosecution Exhibit D). This violates IV GC 53, and IV HC-07 23(g).

   Count 7:

   During the invasion of Mersa Matruh by Olpenese ground forces, Olpenese artillery units conducted indiscriminate bombardments, violating IV GC 27 ¶ 1, IV GC 32, IV GC 53, and IV HC-07 23(g). (See prosecution Exhibit E).

   Count 8:

   During the preliminary stages of the invasion of Alexandria, Olpenese naval and air forces once again bombarded the city in violation of IV GC 27 ¶ 1, IV GC 32, IV GC 53, and IV HC-07 23(g). (See prosecution Exhibit E).

   Count 9:

   During the Battle of Alexandria, Olpenese forces unlawfully arrested Muqqadasi civilians and sentenced them to imprisonment without a fair trial, a violation of IV GC 71 ¶ 1-2. The Olpenese then transferred these civilians out of Muqqadasia to foreign prisons in Gibraltar in violation of IV GC 49 ¶ 1. (See prosecution Exhibit F).

   Count 10:

   During the Battle of Mersa Matruh, Olpenese soldiers executed Muqqadasi civilians on sight for violating curfew. (See prosecution Exhibit G). This is a clear violation of IV GC 71 ¶ 1-2 and IV GC 68 ¶ 2-4.

   Count 11:

   During the Battle of Mersa Matruh, Olpenese artillery units utilized incendiary munitions in the vicinity of civilian targets, a violation of CCCW-III 2 ¶ 1-3. (See prosecution Exhibit H).

   Count 12:

   During the Battle of Alexandria, Olpenese air forces conducted additional indiscriminate bombing attacks against the city, thereby violating IV GC 27 ¶ 1, IV GC 32, IV GC 53, and IV HC-07 23(g). (See prosecution Exhibit J).

   Count 13:

   Also during the Battle of Alexandria, Olpenese air forces made use of cluster bombs in violation of CCM 1 ¶ 1(a). (See prosecution Exhibit K).

   Count 14:

   Also during the Battle of Alexandria, Olpenese forces subjected and sentenced Muqqadasi civilians suspected of violence against Olpenese forces to drumhead court-martials, denying them their right to a fair trial in violation of IV GC 71 ¶ 1-2. (See prosecution Exhibit L).

   
   III. Evidence for Submission to the Court
   

   - See attachments - [OOC: go to the original post]

   
   

   Johan Doe
   Complainant's signature

   Johan Doe, CTAO Special Investigator
   Printed name and title

   
   Sworn to before me and signed in my presence.
   

   Lawrence Mandos
   Judge's signature

   Hon. Lawrence Mandos, Federal District Court Judge
   Printed name and title

2. INTERNATIONAL COURT OF ARBITRATION
   of the
   Cylis Treaty and Arbitration Organisation
   Mitheldalondian Branch

   
   

   Cylis Treaty and Arbitration Organisation
   v.
   THE UNIFIED PEOPLE'S FEDERATION OF SOUTH OLPEN

   )
   )Case No. 2022-MD-001-CR
   )

   ---

   
   

   SUMMONS IN A CRIMINAL CASE

   
   To: The Unified People's Federation of South Olpen
   
   YOU ARE SUMMONED to appear before the CTAO Court of Arbitration at the place set forth below to answer to one or more offenses or violations based on the following document filed with the court:
   

   CRIMINAL COMPLAINT

   Place: Federal Court of Mitheldalond
   
   This offense is briefly described as follows: War crimes committed in the Muqqadasi War
   
   Why are you receiving this?
   Criminal charges have been filed against you in this court. The purpose of this summons is to notify you that the Court intends to proceed to trial based on these charges, and to advise you of your rights and obligations in this matter. You will have 21 days after the receipt of this summons to answer the charges. Note that this court does not have the authority to compel your participation in these proceedings [OOC: obviously I can't force anyone to participate in any RP], but is required to give you the opportunity to defend yourself from the charges filed against you.
   
   In the interests of justice and affording each defendant the best possible defense, the Court will seek to provide you with any assistance you may require. You may request the Court's advice or assistance on any legal [OOC: obligatory not-a-lawyer disclaimer] or procedural matter at any time, and are entitled to receive it to the best of the Court's ability.
   
   What happens next?
   If you choose to participate in the trial, you must submit a plea of guilty, not guilty, or nolo contendere (no contest) to each charge outlined in Section II of the Complaint, or submit a single plea for all charges. You will then be given the opportunity to gather evidence for your defense, review the evidence presented by the prosecution, and object to any of the prosecution's exhibits you believe should not be entered into evidence.
   
   You will also be allowed the opportunity to speak in your own defense, call witnesses in support of your case, and question any witnesses called by the prosecution. Note that this court does not have the authority to compel witness testimony. The court will then review all evidence and testimony before rendering its verdict. If necessary, the trial will then proceed to sentencing.
   
   If you choose not to participate in your trial, or if the court has not received your plea within 21 days after the receipt of this notice, the trial will proceed without you. The court will enter a plea of not guilty on your behalf, and will follow the same procedures as above, but will only consider evidence and testimony provided by the prosecution.
   
   The decision of this court will be final and binding, regardless of your participation, and will not generally be subject to appeal.
   
   Any further communication on this case should be conducted in the courtroom [OOC: post in the trial thread, not through TGs] in order to ensure proper documentation and transparency of the proceedings.

3. INTERNATIONAL COURT OF ARBITRATION
   of the
   Cylis Treaty and Arbitration Organisation
   Mitheldalondian Branch

   
   

   Cylis Treaty and Arbitration Organisation -v- THE UNIFIED PEOPLE'S FEDERATION OF SOUTH OLPEN Defendant(s)

   Case No. 2022-MD-001-CR The Honorable Judge Lawrence Mandos presiding

   
   

   RESPONSE TO SUMMONS

   
   I. ORDER
   
   COMES NOW the Defendant, the Unified Peoples Republic of OLPEN, herein knows as the Defendant, being defended by the Honourable Dame Noémi Jacques and her associates, in answering the complaints of the plaintiff, denies the following.
   
   Olpen denies all claims of the Plaintiff.
   
   

   Noémi Jacques
   Defence's signature

   Johan Doe, CTAO Special Investigator
   Printed name and title

   
   Sworn to before me and signed in my presence.
   

   Lawrence Mandos
   Judge's signature

   Hon. Lawrence Mandos, Federal District Court Judge
   Printed name and title

III. Relevant Laws and Conventions

1. IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War (1949)
   Link 1 | Link 2 | Link 3
2. IV Hague Convention of 1907 Respecting the Laws and Customs of War on Land
   Link 1
3. Convention on Certain Conventional Weapons (1980)
   Link 1 | Link 2 | Link 3
4. Convention on Cluster Munitions (2008)
   Link 1 | Link 2 | Link 3

IV. Evidence Admitted to the Court

V. The Decision of the Court

{Put the decision/judgement of the court/arbitrator here}

[Mitheldalond]

[This space intentionally left blank]

[Mitheldalond]

INTERNATIONAL COURT OF ARBITRATION
of the
Cylis Treaty and Arbitration Organisation
Mitheldalondian Branch

Cylis Treaty and Arbitration Organisation -v- THE UNIFIED PEOPLE'S FEDERATION OF SOUTH OLPEN Defendant(s)

Case No. 2022-MD-001-CR The Honorable Judge Lawrence Mandos presiding

CRIMINAL COMPLAINT

I. Statement of Violations

I, the complainant in this case, state that the following is true to the best of my knowledge and belief. During the Invasion of Muqqadasia, the defendant(s) violated:

1. IV Geneva Convention Article 27 ¶ 1, and Article 32
   
   Mistreatment and killing of civilians
2. IV Hague Convention of 1907 Article 25
   
   Attacking undefended towns or buildings
3. IV Geneva Convention Article 53, and
   IV Hague Convention of 1907 Article 23(g)
   
   Unnecessary destruction of property
4. IV Geneva Convention Article 49 ¶ 1
   
   Forcible transfer or deportation of civilians from occupied territory to a foreign country
5. IV Geneva Convention Article 71 ¶ 1-2
   
   Denying civilians the right to a trial
6. IV Geneva Convention Article 68 ¶ 2-4
   
   Improper use of the death penalty
7. Convention on Certain Conventional Weapons Protocol III Article 2 ¶ 1-3
   
   Use of incendiary weapons on or near civilians or civilian objects
8. Convention on Cluster Munitions Article 1 ¶ 1(a)
   
   Use of cluster munitions

II. Description of the Charges

This criminal complaint is based on these facts:

Count 1:

In the opening stages of the war, Olpenese naval and air forces on Pandora Island, either through deliberate intent or gross negligence, conducted a bombardment of the city and port facilities of Alexandria, Port Said, and Jerusalem, with no attempt to discriminate between civilian and military targets. These cities were largely undamaged by this attack only through the defensive efforts of the Muqqadasi military. (See prosecution Exhibits A and B). This is in violation of IV GC 27 ¶ 1, IV GC 32, IV GC 53, and IV HC-07 23(g).

Count 2:

Concurrently with Count 1, the same forces conducted an identical bombardment of Mersa Matruh. These attacks devastated the city, resulting in untold hundreds of civilian casualties. (See prosecution Exhibits A, B, and D).

Count 3:

Concurrently with Counts 1 and 2, Olpenese naval forces on Pandora Island conducted a similar bombardment of Beirut. These attacks resulted in substantial damage to the city and untold civilian casualties. (See prosecution Exhibits A and B).

Count 4:

Concurrently with Counts 1 through 3, Olpenese air forces employed incendiary munitions indiscriminately against the cities of Alexandria, Port Said, and Mersa Matruh, thereby violating CCCW-III 2 ¶ 1-3. (See prosecution Exhibits A and B).

Count 5:

Shortly after these initial attacks, Olpenese air forces conducted a second bombing campaign against the cities of Alexandria and Port Said. During this campaign, they intentionally attacked civilian areas and structures near which there were no Muqqadasi military assets, or otherwise made no attempt to differentiate between civilian and military targets. (See prosecution Exhibit C). This is once again a clear violation of IV GC 27 ¶ 1, IV GC 32, IV GC 53, and IV HC-07 23(g).

Count 6:

Olpenese air forces conducted bombing attacks against the infrastructure of Cyprus, again with no attempt to differentiate between military and civilian targets. (See prosecution Exhibit D). This violates IV GC 53, and IV HC-07 23(g).

Count 7:

During the invasion of Mersa Matruh by Olpenese ground forces, Olpenese artillery units conducted indiscriminate bombardments, violating IV GC 27 ¶ 1, IV GC 32, IV GC 53, and IV HC-07 23(g). (See prosecution Exhibit E).

Count 8:

During the preliminary stages of the invasion of Alexandria, Olpenese naval and air forces once again bombarded the city in violation of IV GC 27 ¶ 1, IV GC 32, IV GC 53, and IV HC-07 23(g). (See prosecution Exhibit E).

Count 9:

During the Battle of Alexandria, Olpenese forces unlawfully arrested Muqqadasi civilians and sentenced them to imprisonment without a fair trial, a violation of IV GC 71 ¶ 1-2. The Olpenese then transferred these civilians out of Muqqadasia to foreign prisons in Gibraltar in violation of IV GC 49 ¶ 1. (See prosecution Exhibit F).

Count 10:

During the Battle of Mersa Matruh, Olpenese soldiers executed Muqqadasi civilians on sight for violating curfew. (See prosecution Exhibit G). This is a clear violation of IV GC 71 ¶ 1-2 and IV GC 68 ¶ 2-4.

Count 11:

During the Battle of Mersa Matruh, Olpenese artillery units utilized incendiary munitions in the vicinity of civilian targets, a violation of CCCW-III 2 ¶ 1-3. (See prosecution Exhibit H).

Count 12:

During the Battle of Alexandria, Olpenese air forces conducted additional indiscriminate bombing attacks against the city, thereby violating IV GC 27 ¶ 1, IV GC 32, IV GC 53, and IV HC-07 23(g). (See prosecution Exhibit J).

Count 13:

Also during the Battle of Alexandria, Olpenese air forces made use of cluster bombs in violation of CCM 1 ¶ 1(a). (See prosecution Exhibit K).

Count 14:

Also during the Battle of Alexandria, Olpenese forces subjected and sentenced Muqqadasi civilians suspected of violence against Olpenese forces to drumhead court-martials, denying them their right to a fair trial in violation of IV GC 71 ¶ 1-2. (See prosecution Exhibit L).

III. Evidence for Submission to the Court

Exhibit A:

After orders had been given by the commanding general, one Charles Vricken, hundreds of sea-to-gound missiles were fired from Pandora Island onto the ports in the cities of Alexandria, Port Said and Marsa Mutra. The goal would be to turn these cities into rubble. At the same time, over 200 planes bomb the ports of these cities, mainly with conventional weapons but also with some incendiary devices. The barrage is constant, supplied by the many lend-lease missiles sent by allies. Based in Pandora Island, other ships do the same to the ports of Jeruselum and Beirut.

Exhibit B:

Muqaddasi missile defences manage to stop enemy missiles from destroying Port Said, Jerusalem and Alexandria, which were heavily defended since the last Jano-Muqaddasi war. Mersa Matruh, however, was turned into a wasteland, with hundreds of civilian deaths. Beirut was struck hard, but managed to stagger on. Muqaddasia fired hundreds of missiles of different kinds onto Pandora Island, hoping to wipe it out.

Exhibit C:

This is a victory. In the ruined Mersa Matruh, almost 50,000 marines with some experienced infantry units make landings and attempt to establish control of the ruined city. Something similar happens in Beirut, although here there are almost 70,000 Marines, as well as another 50,000 battle-hardened infantry units. A tactical bombing campaign attempts to take Port Said and Alexandria, trying to turn it to rubble.
The second flank of 5,000 special forces are sent to the other side of the island. Meanwhile, tactical airstrikes kill any soldiers unlucky enough to be set together. More Paratroopers, about 5,000 in total, drop into the capital, and while many die they still try to find the Governor or the next in command.

Exhibit D:

Given the Special Op flank has some suspected, tons of regular infantrymen and other marines land there. More airstrikes are launched as a bombing campaign tries to turn infrastructure to rubble. Missiles and artillery strikes hit the enemy, and drones harass the enemy. The blockade strengthens itself and air fighters do everything they can to prevent supplies from getting to land. More ships are pulled from Pandora to the Cyprus blockade in order to widen the front.
In Mersa, civilians aiding the enemy with behind Olpenese line attacks are declared enemy combatants and shot on sight. A second wave of Olpenese forces are sent to Beirut, with marines working incredibly hard. Bombing runs continue the flattening of the city, and Cruisers continue to launch attacks in the form of missile barrages.

Exhibit E:

In Mersa, over 100,000 soldiers are committed to the taking of Mersa. By now, enough ground has been taken to unload heavy pieces, such as tans and artillery. Barrages of artillery strike indiscriminately in front of them, and Military Police put all their efforts into finding and killing the insurgency. Nuclear-armed jets fly about 50 kilometers outside of the city and can drop their payload at any time to isolate the city.
As more missiles are launched, the Marines take advantage of the fact that Alexandrian forces have been diverted to Mersa and they attempt a landing just outside the city. Missile attacks increase and jets begin airstrikes and bombing campaigns on the city, although they leave historical, religious, and other protected sites alone.

Exhibit F:

Paratroopers are dropped behind the city as Marines land, largely unopposed as they land on an uninhabited beach, on the outskirts of Alexandria. They try to meet up, forming a circle around the city. Meanwhile, marines fire on the city with artillery, aiming away from civilian cities. MP presence is increased, and captured civilians are sent to Gibraltar as POWs. Alevilvan troops are distributed, some 15,000 being used as Military Police. Other Alevilvans are put on defending positions and keeping defensive positions staffed.

Exhibit G:

A curfew is put in place in Merca and citizens disobeying it are shot in the streets. MPs go out in larger groups to prevent attacks.

Exhibit H:

The Mersa stalemate continued. Olpenese artillery units begin using incendiary weapons, and cruisers launch additional missiles. The fleet in the Levantine Sea is given submarines and a submarine catching task force to protect the ships.
In Beirut, the forces refuse to be pushed back, and are reinforced with 30,000 infantry. Artillery continues firing on enemy positions, as air fighters work to destroy the entirety of the enemy airforce.
Only 1 week in, almost 30,000 have been killed. Olpenese commanders call a 3 day truce to collect the dead and tend to the wounded

Exhibit J:

In Alexandria, the pressure is on for a quick victory as those in the capital see it as a necessity Laka is not able to get too much land before Laka does. An uber-fast attack is made, as soldiers rush while tanks go full speed. Artillery is constantly firing and air strikes are constant and indiscriminate. Marines land about 100 miles left and right of the city and make all possible efforts to join quickly, surprising the enemy and killing them.

Exhibit K:

Generals are happy to see the fortifications, and some recommend using a tactical nuke. However, the usage of a tactical nuke will lay with the Chamber Minister. In the meantime, incendiary weapons and cluster bombs are dropped on fortifications, with troops advancing soon after recon says a frot is destroyed. The bombers are new and fly very high (for a bomber) while going fast. Air-to-surface missiles are also used often.

Exhibit L:

Muqqadasis who attack the military are very much shown no mercy. Tribunals, made often of captains and sergeants, decide guilt and sentence any saboteur. Military police, who have been deployed liberally with almost 10,000 MPs roaming the streets in groups of 5, hand criminals over to these tribunals, or in cases where the suspect is running, execute them on the spot. Olpen, secretly, asks for a group of Kolonialtroupers from Laka.
Troops recover in armored tents in near invincible camps on the outside of the city. They eat food, are healed, and stock ammunition. Their morale is good, and they relish in their victory, even if they till must contend with insurgents.

Johan Doe
Complainant's signature

Johan Doe, CTAO Special Investigator
Printed name and title

Sworn to before me and signed in my presence.

Lawrence Mandos
Judge's signature

Hon. Lawrence Mandos, Federal District Court Judge
Printed name and title

[Mitheldalond]

INTERNATIONAL COURT OF ARBITRATION
of the
Cylis Treaty and Arbitration Organisation
Mitheldalondian Branch

Cylis Treaty and Arbitration Organisation
v.
THE UNIFIED PEOPLE'S FEDERATION OF SOUTH OLPEN

)
)Case No. 2022-MD-001-CR
)

---

SUMMONS IN A CRIMINAL CASE

To: The Unified People's Federation of South Olpen

YOU ARE SUMMONED to appear before the CTAO Court of Arbitration at the place set forth below to answer to one or more offenses or violations based on the following document filed with the court:

CRIMINAL COMPLAINT

Place: Federal Court of Mitheldalond

This offense is briefly described as follows: War crimes committed in the Muqqadasi War

Why are you receiving this?
Criminal charges have been filed against you in this court. The purpose of this summons is to notify you that the Court intends to proceed to trial based on these charges, and to advise you of your rights and obligations in this matter. You will have 21 days after the receipt of this summons to answer the charges. Note that this court does not have the authority to compel your participation in these proceedings [OOC: obviously I can't force anyone to participate in any RP], but is required to give you the opportunity to defend yourself from the charges filed against you.

In the interests of justice and affording each defendant the best possible defense, the Court will seek to provide you with any assistance you may require. You may request the Court's advice or assistance on any legal [OOC: obligatory not-a-lawyer disclaimer] or procedural matter at any time, and are entitled to receive it to the best of the Court's ability.

What happens next?
If you choose to participate in the trial, you must submit a plea of guilty, not guilty, or nolo contendere (no contest) to each charge outlined in Section II of the Complaint, or submit a single plea for all charges. You will then be given the opportunity to gather evidence for your defense, review the evidence presented by the prosecution, and object to any of the prosecution's exhibits you believe should not be entered into evidence.

You will also be allowed the opportunity to speak in your own defense, call witnesses in support of your case, and question any witnesses called by the prosecution. Note that this court does not have the authority to compel witness testimony. The court will then review all evidence and testimony before rendering its verdict. If necessary, the trial will then proceed to sentencing.

If you choose not to participate in your trial, or if the court has not received your plea within 21 days after the receipt of this notice, the trial will proceed without you. The court will enter a plea of not guilty on your behalf, and will follow the same procedures as above, but will only consider evidence and testimony provided by the prosecution.

The decision of this court will be final and binding, regardless of your participation, and will not generally be subject to appeal.

Any further communication on this case should be conducted in the courtroom [OOC: post in the trial thread, not through TGs] in order to ensure proper documentation and transparency of the proceedings.

Code: Select all

[table][tr][td][/td][td][b]INTERNATIONAL COURT OF ARBITRATION[/b][/td][td][/td][/tr]
[tr][td][/td][td]of the Cylis Treaty and Arbitration Organization[/td][td][/td][/tr]
[tr][td]
[b][u]SUMMONS[/u][/b] [i]in the criminal case of[/i][/td][td]
[u]CTAO v. SOUTH OLPEN[/u][/td][td]
Case No. 2022-MD-001-CR[/td][/tr]
[/table]

[u]
[url=https://forum.nationstates.net/viewtopic.php?p=39997311#p39997311]YOU ARE SUMMONED[/url][/u] to appear before the CTAO Court of Arbitration at the place set forth below to answer to one or more offenses or violations based on the following document filed with the court:

[list][url=https://forum.nationstates.net/viewtopic.php?p=39997299#p39997299]CRIMINAL COMPLAINT[/url][/list]

[i][u]Place[/u]:[/i] Federal Court of Mitheldalond [url=https://forum.nationstates.net/viewtopic.php?f=5&t=524526][Link to trial thread][/url]

[i][u]This offense is briefly described as follows[/u]:[/i] War crimes committed in the [url=https://forum.nationstates.net/viewtopic.php?f=5&t=523184]Muqqadasi War[/url]

[b]
Why are you receiving this?[/b]

Criminal charges have been filed against you in this court. The purpose of this summons is to notify you that the Court intends to proceed to trial based on these charges, and to advise you of your rights and obligations in this matter. You will have 21 days after the receipt of this summons to answer the charges. Note that this court does not have the authority to compel your participation in these proceedings [i][OOC: obviously I can't force anyone to participate in any RP][/i], but is required to give you the opportunity to defend yourself from the charges filed against you.

In the interests of justice and affording each defendant the best possible defense, the Court will seek to provide you with any assistance you may require. You may request the Court's advice or assistance on any legal [i][OOC: obligatory not-a-lawyer disclaimer][/i] or procedural matter at any time, and are entitled to receive it to the best of the Court's ability.

[b]What happens next?[/b]

If you choose to participate in the trial, you must submit a plea of guilty, not guilty, or nolo contendere (no contest) to each charge outlined in Section II of the Complaint, or submit a single plea for all charges. You will then be given the opportunity to gather evidence for your defense, review the evidence presented by the prosecution, and object to any of the prosecution's exhibits you believe should not be entered into evidence.

You will also be allowed the opportunity to speak in your own defense, call witnesses in support of your case, and question any witnesses called by the prosecution. Note that this court does not have the authority to compel witness testimony. The court will then review all evidence and testimony before rendering its verdict. If necessary, the trial will then proceed to sentencing.

If you choose not to participate in your trial, or if the court has not received your plea within 21 days after the receipt of this notice, the trial will proceed without you. The court will enter a plea of not guilty on your behalf, and will follow the same procedures as above, but will only consider evidence and testimony provided by the prosecution.

The decision of this court will be final and binding, regardless of your participation, and will not generally be subject to appeal.

[b]Any further communication on this case should be conducted in the courtroom[/b] [i][OOC: post in the trial thread, not through TGs][/i] in order to ensure proper documentation and transparency of the proceedings.

[South Olpen]

INTERNATIONAL COURT OF ARBITRATION
of the
Cylis Treaty and Arbitration Organisation
Mitheldalondian Branch

Cylis Treaty and Arbitration Organisation -v- THE UNIFIED PEOPLE'S FEDERATION OF SOUTH OLPEN Defendant(s)

Case No. 2022-MD-001-CR The Honorable Judge Lawrence Mandos presiding

RESPONSE TO SUMMONS

I. ORDER

COMES NOW the Defendant, the Unified Peoples Republic of OLPEN, herein knows as the Defendant, being defended by the Honourable Dame Noémi Jacques and her associates, in answering the complaints of the plaintiff, denies the following.

Olpen denies all claims of the Plaintiff.

Noémi Jacques
Defence's signature

Johan Doe, CTAO Special Investigator
Printed name and title

Sworn to before me and signed in my presence.

Lawrence Mandos
Judge's signature

Hon. Lawrence Mandos, Federal District Court Judge
Printed name and title

[Mitheldalond]

The court accepts your pleading, and at this time invites you to review the evidence presented by the prosecution and raise objection to any exhibits you believe should not be accepted by the court. [OOC: these objections can be for IC reasons (i.e. it was illegally obtained), or for OOC reasons (i.e. if it should be secret IC, or if it was an OOC statement]

You may also present your defense to the charges brought against you, and submit any evidence you may have to support your case for the court's consideration. Additionally, you may name any witnesses you wish to call so that the court may issue them with summonses [OOC: I mainly mean other players/nations, but I suppose you could also call IC characters if you want to go that in depth with the trial.]

OOC: A couple of things to note:

1. You don't have to use the format if you don't want to. It is pretty cumbersome to deal with.

2. OOC and IC posts are both welcome here. I'm not going to create a separate OOC thread since some arguments (like whether or not someone should know certain information) fall somewhere between OOC and IC.

3. I'm technically playing both the prosecution and the court, but these are separate entities IC. Since the assumption is that you are innocent until proven guilty, the court is technically slightly biased in your favor. In other words, I'm not just out to punish you, and I'll help you make your defense if you ask. (not that my help is necessarily worth much, since I'm not a lawyer)

4. You don't actually have to prove your innocence. You just have to create enough doubt that a reasonable person couldn't be certain you're guilty.

5. There's not really any time constraint here, so you're welcome to take as long as you need to come up with a defense. A case like this would probably take years to resolve IRL, so it's no problem for it to take weeks on NS.


As for your defense, I can offer a few suggestions, which you are free to use or ignore as you see fit:

Count 4: you could try to claim that there were no concentrations of civilians near where you were using incendiaries.

Count 6: you could argue that bombing infrastructure doesn't count as civilian targets, and/or that taking out infrastructure is of sufficient military necessity to justify it.

Count 9: you could use IV GC 49 paragraphs 2 and 4 to argue that relocating the civilians was necessary for their safety.

Count 11: you could use the same defense as Count 4

Count 13: if you claim that South Olpen isn't a signatory to the Convention on Cluster Munitions, I'd be inclined to dismiss that charge entirely, since it's a fairly recent piece of legislation, and many nations haven't fully agreed to it IRL, IIRC. Also, the WA in NS has struck down bans on cluster munitions more than once.


Also, I've invited Wallowis to post in the thread if he wants. Since this is the first trial for the CTAO, it will probably set the precedent for future trials. As head of the CTAO, Wallowis should have some say in what that precedent is, if he should so desire.

[South Olpen]

Le's begin. And let it known I'll be shwoing Mitheldland real warcrimes if I lose.

[Wallowis]

OOC: /bump

[Mitheldalond]

OOC: Could have sworn I posted this a week ago, but whatever. You don't have to answer all the charges at once. You can do them one or a few at a time if you want.

At this time, the court will require evidence of action in this case. If you have taken no action in your case by 12:00 noon NS time on Friday the 4th of November 2022, the court shall proceed to judgment solely on the merits of the evidence presented by the prosecution.