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International Chancellery of Justice
Cancillería Internacional de Justicia

Translation: Oseanian
Date: October 2015

PRE-TRIAL CHAMBER I

Before: Judge Francisco Jose Sandoval, Presiding Judge

SITUATION IN THE KINGDOM OF CANDANADIUM/CONFEDERACY OF EDOFASIA

PUBLIC
Warrant of Arrest for Dr. Rudolf Diels



PRE-TRIAL CHAMBER I ("Chamber") of the International Chancellery of Justice ("Chancellery");

Noting the "Prosecutor's Application Pursuant to the Statute as to Rudolf DIELS" ("Prosecutor's Application") filed by the Prosecutor on October 2015, and by which he, inter alia, requested the issuance of a warrant of arrest for Dr. Rudolf Diels ("Rudolf Diels" or "Diels"), for his alleged criminal responsibility for the commission of crimes against humanity and war crimes throughout the Kingdom Of Candanadium and the Confederacy of Edofasia, through the State apparatus, in violation of Article 6 and Article 7 of the Statute;

HAVING examined the information and evidence ("Materials") provided by the Prosecutor in his Application in light of the standard set out in the Statute to determine whether there are reasonable grounds to believe that Dr. Rudolf Diels has committed the crimes alleged by the Prosecutor and that his arrest appears necessary;

CONSIDERING that, although the exact number of casualties resulting from these crimes cannot be known, there are reasonable grounds to believe that, as of October 2015, Dr. Rudolf Diels killed and injured as well as arrested and imprisoned hundreds of thousands;

CONSIDERING that, in light of the Materials, there are reasonable grounds to believe that Rudolf Diels, as the former head of the CBRN Research Institute of the Kingdom of Candanadium's now-defunct Crown Security Bureau and head of the research division of the Confederacy of Edofasia’s Ministry of State Security had, at all times relevant to the Prosecutor's Application, absolute, ultimate and unquestioned control over the State apparatus of power, including the Security Forces, and that, by virtue of that position, he conceived and orchestrated a plan to deter and quell, by all means, civilian demonstrations;

CONSIDERING that in light of the Materials, there are reasonable grounds to believe that Dr. Rudolf Diels contributed to the implementation of the plan by assuming paramount tasks that lead to the commission of the foregoing crimes and that, his contributions were essential for the realization of the plan since he had the power to frustrate the commission of the crimes by not performing his tasks;

CONSIDERING accordingly that there are reasonable grounds to believe that Dr. Rudolf Diels is criminally responsible as a direct and indirect perpetrator, for the following crimes committed by Security Forces under his control in various localities of the Candanadian and Edofasian territory:
  • Murder as a crime against humanity, within the meaning of Article 6(l)(a) of the Statute;
  • Enslavement as a crime against humanity, within the meaning of Article 6(l)© of the Statute;
  • Deportation or forcible transfer of population as a crime against humanity, within the meaning of Article 6(l)(d) of the Statute;
  • Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law as a crime against humanity, within the meaning of Article 6(l)(e) of the Statute;
  • Torture as a crime against humanity, within the meaning of Article 6(l)(f) of the Statute;
  • Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity as a crime against humanity, within the meaning of Article 6(l)(g) of the Statute;
  • Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act, referred to in this paragraph or any crime within the jurisdiction of the Chancellery as a crime against humanity, within the meaning of Article 6(l)(h) of the Statute;
  • Enforced disappearance of persons as a crime against humanity, within the meaning of Article 6(l)(i) of the Statute; and
  • Other inhumane acts of a similar character intentionally causing great suffering or serious injury to body or to mental or physical health as a crime against humanity, within the meaning of Article 6(l)(j) of the Statute;
CONSIDERING accordingly that there are reasonable grounds to believe that Dr. Rudolf Diels is criminally responsible as a direct and indirect perpetrator, for the following crimes committed by Security Forces under his control in various localities of the Candanadian and Edofasian territory:
  • Wilful killing as a war crime, within the meaning of Article 7(2)(a)(i) of the Statute;
  • Torture or inhuman treatment, including biological experiments as a war crime, within the meaning of Article 7(2)(a)(ii) of the Statute;
  • Wilfully causing great suffering, or serious injury to body or health as a war crime, within the meaning of Article 7(2)(a)(iii) of the Statute;
  • Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly as a war crime, within the meaning of Article 7(2)(a)(iv) of the Statute;
  • Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial as a war crime, within the meaning of Article 7(2)(a)(vi) of the Statute;
  • Unlawful deportation or transfer or unlawful confinement as a war crime, within the meaning of Article 7(2)(a)(vii) of the Statute;
  • Taking of hostages as a war crime, within the meaning of Article 7(2)(a)(viii) of the Statute;
  • Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities as a war crime, within the meaning of Article 7(2)(b)(i) of the Statute;
  • Intentionally directing attacks against civilian objects, that is, objects which are not military objectives as a war crime, within the meaning of Article 7(2)(b)(ii) of the Statute;
  • Intentionally directing attacks against personnel, installations, material, units or vehicles involved in humanitarian assistance or peacekeeping mission, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict as a war crime, within the meaning of Article 7(2)(b)(iii) of the Statute;
  • Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated as a war crime, within the meaning of Article 7(2)(b)(iv) of the Statute;
  • Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war as a war crime, within the meaning of Article 7(2)(b)(xv) of the Statute;
  • Employing poison or poisoned weapons as a war crime, within the meaning of Article 7(2)(b)(xvii) of the Statute;
  • Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices as a war crime, within the meaning of Article 7(2)(b)(xviii) of the Statute;
  • Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subjects of a comprehensive prohibition as a war crime, within the meaning of Article 7(2)(b)(xix) of the Statute;
  • Committing outrages upon personal dignity, in particular, humiliating and degrading treatment as a war crime, within the meaning of Article 7(2)(b)(xx) of the Statute;
  • Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 6, paragraph 2 (f), enforced sterilization or any other form of sexual violence as a war crime, within the meaning of Article 7(2)(b)(xxi) of the Statute;
  • Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations as a war crime, within the meaning of Article 7(2)(b)(xxii) of the Statute; and
  • Intentionally directing attacks against buildings, material, medical units, and transport, and personnel in conformity with international law as a war crime, within the meaning of Article 7(2)(b)(xxiii) of the Statute;
CONSIDERING that the arrest of Dr. Rudolf Diels appears necessary at this stage to (i) ensure his appearance before the Chancellery; (ii) ensure that he does not use his power to obstruct or endanger the investigation; and (iii) prevent him from continuing to use his power and absolute control over the State apparatus to continue the commission of crimes within the jurisdiction of the Chancellery;

FOR THESE REASONS, the Chamber

HEREBY ISSUES a warrant of arrest for Dr. Rudolf Diels ("Rudolf Diels" or "Diels"), former head of the CBRN Research Institute of the Kingdom of Candanadium's now-defunct Crown Security Bureau and head of the research division of the Confederacy of Edofasia’s Ministry of State Security.

Judge Francisco Jose Sandoval
Presiding Judge
Dated this October 2015
At Santangel, United Republics of Luxlein