Legal Advice on the Situation in the Seven Kingdoms

Jurisdictional Trigger Mechanisms Available to the Chief Prosecutor

You have been appointed as the legal advisor to the Chief Prosecutor of the International Criminal Court (ICC). The following briefing has just been handed to you and you have been asked to provide legal advice to the Chief Prosecutor. “We have received reports that violence has escalated in the state known as the Seven Kingdoms. The Seven Kingdoms is a state party to the Rome Statute of the ICC but the leader of the state – Cersei  – has indicated clear hostility to the Court’s functions and mandate. The leaders of two of the neighbouring states – Eastasia and Eurasia – which are parties to the Rome Statute have voiced their concerns about the escalating violence. The leaders have indicated that they desperately want to refer the situation to the Chief Prosecutor, but they are unsure on the legality of this. The UN Security Council has so far refused to convene to discuss the matter as one of the member states, which hold a permanent veto power on the Security Council, is a firm political ally of The Seven Kingdoms. The Seven Kingdoms has endured sporadic violence within its borders for several years. However, in recent weeks, a political group calling itself the National Liberation Movement for the North (NLMN) has emerged and the violence has intensified. The NLMN has a clear hierarchy of command and a leader, and several thousand soldiers committed to its cause to secede from the Seven Kingdoms and to form an independent state. Statistics on the exact number of dead and injured soldiers and supporters of the NLMN are unclear, but it appears that at least 20,000 have been killed so far in the bloodshed. Evidence indicates that Cersei, who leads the Armed Forces of the Seven Kingdoms, has ordered her soldiers to attack schools which are used as shelter by the soldiers and supporters of the NLMN and also to use indiscriminate weapons against these targets.” Continued…   You have been asked to address the following questions in your report to the Chief Prosecutor: Answer ALL questions. Which, if any, of the three trigger mechanisms available to the Chief Prosecutor of the ICC to exercise jurisdiction and investigate a situationwould be likely to success in this scenario? Explain why each trigger mechanism would succeed or fail.What type of conflict appears to exist in the scenario? Explain the difference between the two types of conflict and why the facts in this scenario point to the existence of an armed conflict. Could the Chief Prosecutor charge Cerseiwith war crimes? Identify the possible charges and explain how, if at all, the elements of war crimes can be met in this scenario. If evidence emerged that Cersei had the intention to destroy the political group in whole, or in part, would the Chief Prosecutor be able to prosecute Cersei for genocide? Identify the possible charges and explain how, if at all, the elements of genocide can be met in this scenario.   Would the lower ranking soldiers of the Armed Forces of the Seven Kingdoms have a potential defence if they were charged at the ICC? Identify and explain whether it is likely or not that this defence would succeed at trial.