2016 INDONESIAN NATIONAL ROUND OF THE INTERNATIONAL HUMANITARIAN LAW MOOT COURT COMPETITION

SEMARANG, 2–4 DECEMBER 2016





CONSOLIDATED CLARIFICATIONS ON THE MOOT PROBLEM

The following are a consolidated list of the inquiries sent by participants on the moot problem and the respective clarifications thereto. Pursuant to Rule 15, these official clarifications are deemed as part of the moot problem and may be referred to by citing “Consolidated Clarifications” followed by the relevant paragraph number.

Clarifications 1. What drug has a similar effect with Arbola Root in real life? (para. 3) Para 3 provides “The Arbola Root has intoxicating effects which last from 30 minutes to 2 hours. In recent scientific studies, the root has been known to cause mild hallucinogenic effects, including paranoia”. Inferences can be drawn from this.

2. In every ceremony in which arbola root is consumed, is the intake the same? Yes.

3. How long was the meeting between Mona Tammy and her subordinates on 12 September 2012 conducted? (para. 14) Approximately one hour (note the facts already state that the root was chewed at the beginning of the meeting).

4. What were the weapons used to destroy the Cave Temples of Tyra and how big were the Cave Temples of Tyra? (para. 15) Usual military weapons which are used to destroy buildings – inferences must be made on the facts given.

5. What does “losing momentum” mean? Is it caused by the destruction on the Cave Temples of Tyra?(para. 15) Losing momentum, means the Fodavan forces managed to take over Tyra on 18 September 2012 inferences must be made on all the facts.

6. From 15th of August to 15th of September, the Fodavan Air force bombed five suburban buildings, which they suspected to be WOL bases. What was their parameter in indicating the suspicion on such buildings? (para. 16) Inferences must be made on all the facts.

7. Fodavan Air Force launched bombings against 5 suspected WOL Buildings. Did the surprise attacks emanate from those buildings? Inferences must be made on all the facts. Page 1 of 5

8. How long was the span of time between the surprise attacks by WOL, and the subsequent bombing of the suspected WOL bases? Inferences must be made on all the facts.

9. What is the margin of error of the bombings and airstrike? Particularly its "probability to kill" (PK) and its Circular error probable (CEP). Inferences must be made on all the facts.

10. Before the bombings on 5 suburban buildings, did the Fodavan Forces drop a warning bomb? (para. 16) No.

11. What is the difference between warning bomb and the real bomb? (para. 18) Teams should attempt to interpret this in accordance with military practice around the world.

12. During the bombings and airstrike, were clergymen present with the WOL fighters? Paras 19 and 20 give enough facts about the presence of civilians.

13. What is the exact number of civilian casualties in the airstrike towards Rose Garden? Para 20 provides this information.

14. Where was Mrs. Tammy when the evacuation was conducted? Inferences must be made on the facts.

15. What did Mrs. Tammy do from the end of October to December? Inferences must be made on the facts.

16. When was exactly the WOL leader urged the Starlight Hospital not to treat the Fodavan soldiers? (para. 21) Inferences must be made on the facts.

17. What does “publicly declaring it a health hazard” mean? (para. 27) This has its ordinary meaning and usual practice by governments.

18. Was the Fodavan Forces bases near the Starlight Hospital? Were the medical personnels allowed to leave the bases? (para. 22) Inferences must be made on the facts.

19. Were the deaths of many civilians and WOL Fighters reported in media coverage? Paras 19- 20 provide relevant facts.

20. How many death of the civilians and WOL fighters resulted from the lack of medical personnel? And how many soldiers of Fodavan forces needed to be treated? Inferences can be made on the facts in para 23.

21. Based on paragraph 15, its written that General Rambeck instructed his forces to attack The Cave Temples of Tyra. Does General Rambeck instructed his forces to attack The Cave Temples of Tyra or attack on The Cave Temples of Tyra? Because in Para 14 General Rambeck suggested to Page 2 of 5

“uproot the Starlight fighters” by launching an attack on the Cave Temples of Tyra. Both meanings are correct – “attack” and “launch an attack on”.

22. Does SP leader is the leader of WOL? The WOL (rebel group) leader is a follower of the SP, which is a religion.

23. According to paragraph 10, WOL attacked local police stations. Are the police taking direct part in hostilities or not? Inferences must be made on the facts.

24. “the airstrikes from mid-August to 20 September resulted in 150 deaths…..” (para 20) Is the date correct? No – should be 23 September.

25. In Paragraph 16, its written that “The Rose Garden building is situated in a highly populated area….”. But in paragraph 18 its written that “….planning to launch an attack from the suspected WOL building in Rose Garden shortly.” Does the suspected WOL building is The Rose Garden building? Yes.

26. In Paragraph 18, “an informer told Colonel Tomass that the WOL was…” who is that informer? Is she/he the subordinate of Colonel Tomass? & in what way the informer told Colonel Tomass? Inferences should be made on the facts.

27. According to para 18, what kind of surveillance is it? Is it camera or person that conduct it? Inferences should be made on the facts.

28. What kind of airstrikes bomb that dropped to the suspected building by the FM? Inferences should be made on the facts and on normal military procedure.

29. What kind of material homemade bomb that WOL brought to the building? Inferences should be made on the facts and on usual procedure followed by non-state armed groups.

30. How is the Composition of Fodavan Military based on religion? Inferences can be made on the facts.

31. What kind of surprise attacks that mentioned in para 16? Are the WOL attacks the Fodavan military base or what? Inferences can be made on the facts.

32. Do all the population in Starlight resident are the followers of Starlight Path or mixing? Para 16 provides the relevant facts.

33. Does Tyra is close to Osso? Inferences should be made on the facts.

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34. Where did the emergency meeting between Mona Tammy and General Rambeck took place? In Osso.

35. Does Starlight Party consist only Starlight Path? Yes, but see paras 10-11.

36. Mona Tammy authorized Fodavan Military to “attack any person, group or building that is found to support the Warriors of Light in any way”. What kind of support? Inferences must be made on the facts and similar circumstances.

37. Does Colonel Tomass the subordinate of General Rambeck? Usual military hierarchy applies.

38. How many victims of FM that caused by WOL surprise attack? Is the number of victim bigger than the number of WOL victims caused by bombing in suburban building? Inferences must be made on the facts.

39. What kind of activities in The Suspected WOL building? Is just hostile activities or for civilian activities? Inferences must be made on the facts.

40. Is the Cave Temples of Tyra completely destroyed before or after WOL were suppressed? It is clear in the facts.

41. Is the Cave Temples inscribed on the List of World Heritage in Danger? No.

42. Is the withdrawal of funding for the maintenance of existing temple includes Cave Temples? It includes all temples.

43. Where is the position of the Cave Temples in Tyra? It is not relevant.

44. Where is the bases of WOL in Tyra? How far is it from the Temples? See para 13.

45. Does WOL has a leader? If yes, who is the leader of WOL? Para 10 provides that the WOL is an armed group.

46. Does WOL has a headquarter? Para 10 provides that the WOL is an armed group.

47. How many districts are there in Fodava? Not relevant.

48. Is Osso one of the 12 conquered territory as mentioned in paragraph 11? See para 16. Page 4 of 5

49. What type of bombing technique was used in the the suburbs of Osso and Rose Garden? Usual bombing techniques of modern militaries.

50. Does the sentence “Ten minutes later, the Fodavan Air Force dropped more bombs” means that the bombs were dropped solely towards the Rose Garden building or were the bombs dropped around the area of the Rose Garden building as well? Paras 18 and 19 are clear.

51. How far was the distance between the nuclear plant and the Rose Garden building? There is no nuclear plant in Fodava.

52. The 150 deaths and 300 injuries, was it solely civilians or also WOL? Para 20 has all the facts needed.

53. How long was the bombing period in Suburban Osso? Paragraph 16 of the Moot Problem stated that it was from 15 August - 15 September, but paragraph 20 stated it was from mid-August - 20 September. 15 August – 23 September.

54. Did the Fodavan Military Forces also transfer medical personnel from other hospitals or limited only to Starlight Hospital? Only Starlight Hospital.

55. How far were Fodavan Military Bases (where the medical personnel were brought) from Starlight Hospital? Inferences can be drawn from the facts.

56. Was there any policy that ban Starlight patients to travel to other hospital? Or were there any incidents where patients got arrested by the military when they travel? Para 23 is clear.

57. Did Fodavan Military Forces need medical personnel literally in the battlefield, or does it infer that the wounded and sick were from the battlefield but had been moved to the Military Bases? Inferences can be drawn from para 23.

58. How many are the “wounded and sick Fodavan Soldiers” which required medical attention from the Doctors and Nurses? Inferences can be drawn from the usual number of casualties in modern warfare.

Semarang, 19 October 2016

JONATHAN KWIK, LL.B., LL.M. National Administrator Page 5 of 5