Brief memorandum - Case Study Example

TheCrimesagainst humanity require the parties involvedbeing state actors with high authority in thearea andthe usemilitary means. This is evidenced by the the military force and federal police being deployed by the President Hardlein, who has authority over Minoropolis in the federal state of Minora. Under international law, a war crime takes place during an armed conflict. Internal disturbances are provided for under Rome Statute (Article 8(2) (c)-(f)), andbyjurisprudence.A war crime requires that the sides involved in the conflict are organized and engaged in intense combat.

The term organization must satisfy certain criteria put down by an ICC Pre-Trial Chamber, the organization must have a hierarchy of command, possess the means to carry out a widespread or systematic attack, exercises control over a part of the territory of a State, and has criminal activities against a civilian population as a purpose. In Minora, the drug cartels are said to be well organized and have authority throughout the Minora country with the help of local police.Their criminal activities have brought violence to the country with victims being both rivals of member gangs and ordinary citizens.

The drug cartels also use military weapons such as automatic weapons and grenade launchers that are used to attack the government forces. Common Article 3 to the Geneva Conventions of 1949 and modified by Art. 1 of Additional Protocol II to state that the conflict must have an extended period of violence, and the parties must be organized and armed. The conflict in Minora between the government forces and drug cartels has taken place since January 2014 and went on until September. This can be said to be a long period of violence.

In the case of Prosecutor v Tadic` the court held that an armed conflict occurs when the armed forces is used by governmental authority against armed groups within a state as is the case between the government forces and the criminal cartels. The