Assad - World Model United Nations

Legal Brief for the Defence
2. The invasion was committed by force, or by threat of force or coercion, such
as that caused by fear of violence, duress, detention, psychological oppression
or abuse of power, against such person or another person, or by taking
advantage of a coercive environment, or the invasion was committed against a
person incapable of giving genuine consent.
3. The conduct was committed as part of a widespread or systematic attack
directed against a civilian population.
4. The perpetrator knew that the conduct was part of or intended the conduct to
be part of a widespread or systematic attack directed against a civilian
population.
WorldMUN The Prosecutor v Joseph Al-Assad
i. Element 1
38. Bashar al-Assad did not rape any persons nor is he in control of the Syrian military.
As in section 4 of his affidavit, ‘I am not in control of the military that has caused the
loss of many lives in Syria. These forces are forces of the government and I do not
control them.’ In section 6 he further says, ‘I have not authorised any murder, torture,
or persecution against the civilian population. Any acts taken by the SAF against
civilians do not come with authorisation of the President.’ As supported by section 4
of the affidavit of Maher al-Assad, ‘the execution of war crimes is not directly
attributable to the command of the President.’ Furthermore, section 6 of the affidavit
of Walid Muallem confirms that ‘the government does not hold direct control over all
security forces. It therefore cannot be held unequivocally accountable for attacks and
crimes committed.’
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