Opening Statement
Opening Statement
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
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
article 37 of the Roman Statute on the Convention on the Rights of the Child)
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.