NationStates Jolt Archive

(OOC: This deals with the trials of Kahanistanian officers who committed war crimes in Torontia. I never got around to RP'ing them until now, but here we go.)

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Najaster, Kahanistan (AP) - The war crimes trial of four-star General Feodor Sergeievich Kalazanov, pictured here [a shortish man with graying hair, mid-50's, with blue eyes and a large nose, in the uniform of an Imperial Marine officer] begins today at the Military Court in the Defense Ministry headquarters. Justice Minister Jules Lamont himself is representing the Democratic Soviet Republic of Kahanistan at this trial, while General Kalazanov is represented by his long-time counsel, Colonel Gregor Khalrov.

Kalazanov, 54, faces an effective life term if convicted of dereliction of duty resulting in death, dissemination of an illegal order, destruction of evidence, and abuse of classification authority to conceal evidence of a crime.

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The general was escorted into the Defense Ministry by armed military guards, and the general himself wore body armor. While the trial itself was open to the public and press, entry to the building was tightly controlled to prevent the hated war criminal from being summarily murdered, a protection he had denied to the Torontian POW's under his "care."

Because of his four-star rank, there were few judges of high enough rank to preside over his trial, so the role of the judge was held by three four-star generals. They sat on stools behind the judge's podium. The jury of twelve military personnel of various ranks and branches sat opposite the judges and to the side of the defense and prosecution chairs.

General Ali Mohammed al-Khuwali, one of the three judges, spoke to the people in the trial.

"Today, this court shows that the Soviet Republic does not permit war crimes in its ranks. Regardless of the guilt or innocence of this man," Al-Khuwali looked straight at Kalazanov, "we will administer fair, impartial trials to all suspected Kahanistanian war criminals, and punish the guilty. Through this, we will show our superiority to the Amestrians, who to this day deny any involvement in the atrocious crimes which have blighted the good names of our nations. Furthermore, we will discourage future generations of Kahanistanians from committing war crimes."

"Now," said Al-Khuwali to Kalazanov, "how do you plead to the charges before you?"

The defendant responded. "Not guilty."

http://i40.photobucket.com/albums/e221/Xirnium/arms2.jpg
To:

General Ali Mohammed al-Khuwali
Judge Advocate of the Kahanistanian Warcrimes Tribunal
The Democratic Soviet Republic of Kahanistan

From:

Mr Edward Windsor SC
Coordinator of Legal Research Activities for the Levant and Near East
The Xirniumite Federation for Human Rights


Your Honour

On behalf of the Xirniumite Federation for Human Rights, and with the greatest of respect for your Honour’s learned expertise, I seek leave to present an amicus curiae* brief before the Court of the Kahanistanian warcrimes tribunal. The XFHR, as a world-renowned and internationally respected campaigner and advocate for the advancement of human rights across the globe, wishes to volunteer its legal opinion as to the current state of the International Law and to advise the Court in regards to its non-delegable obligations and responsibilities under it. Our only aspiration in this is to assist your Honour in deciding the matters which are to be brought before the warcrimes tribunal.

In addition, it is quite apparent that the case over which your Honour is now presiding potentially holds many broad and wide-reaching legal implications regarding the future of both international human rights and the Laws of War. The XFHR is highly desirous of bringing such concerns to light, so that the Court will bare them in mind. Should your Honour grant permission for the XFHR to act as an amicus curiae, I am quite confident that many of these controversies shall receive the due attention that they rightfully deserve.

Yours sincerely

[Signed]

Mr Edward Windsor SC, BA (Hons) , LLB (Hons), LLM, Barrister and Solicitor of the High Courts of Xirnium
Coordinator of Legal Research Activities for the Levant and Near East
The Xirniumite Federation for Human Rights

________________
amicus curiae – (Law Latin) a “friend of the court”. A person, usually a barrister, who, with the court’s permission, may advise the court on a point of law or on a matter of practice.

DEMOCRATIC SOVIET REPUBLIC OF KAHANISTAN
Ministry of Justice

Your request has been forwarded to the Ministry of Justice, the proper authority to contact in this matter. As Minister Jules Lamont is conducting the prosecution of the war criminal Feodor Kalazanov, I, as Deputy Justice Minister, will answer your query.

The Government of Kahanistan will allow the XFHR not only to submit amicus curiae briefs, but to attend the trial itself and future war crimes trials to demonstrate their impartiality to the world.

We eagerly await your input on the matters of law used to prosecute war criminals.

Signed,
Malik Hossein Ali,
Deputy Justice Minister

After anyone who wished to attend the trial had showed up (the date having been announced weeks in advance) the hearing once again reconvened.

The prosecution called its first witness. She was in her late 30's or early 40's, about 160 cm tall (5'3") and 59 kg (130 lbs.) with short auburn hair, dressed in the uniform of an Imperial Marine with one star rank insignia.

"General," said Lamont, "state your name, rank, and relationship with the defendant."

The woman walked to the witness stand and pulled the microphone down. "My name is Rachel Charlene Levitt. I am a Brigadier General in the Imperial Marines. For years I worked alongside General Kalazanov, we have helped each other's careers many times, until we served in Torontia."

Lamont nodded. "General, what happened in Torontia that led you to terminate your working relationship with the defendant?"

"He ordered the commission of war crimes. I did not find out until he ordered the destruction of documents, and I saw what he wanted destroyed." She pulled a file out of her briefcase.

DEMOCRATIC SOVIET REPUBLIC OF KAHANISTAN
Military Assistance Command, Torontia
TOP SECRET

To avoid an international incident with the State of Amestria, which would destabilize the rebuilding efforts of the Military Assistance Command, it is with a heavy heart that I must order the execution of prisoners captured by the forces of the Soviet Republic.

The needs of the millions of Torontians outweigh the lives of a few thousand murderous terrorist animals who have proven themselves unworthy of the most basic considerations of humanity. Kahanistanian officers are to cooperate fully with the Amestrian Occupational Authority.

Signed,
General Feodor S. Kalazanov,
Kahanistan Imperial Marines,
Commander, Military Assistance Command, Torontia

"I couldn't let that go unpunished," said General Levitt. "I may not have the regard for the rules that most of you do, but cold-blooded murder is where I draw the line. This is one of the few documents I was able to save."

Lamont nodded at the commander. Looks like an open and shut case. "So, how do you defend yourself now? Will you blame the top-secret global Amestrian conspiracy that rules Kahanistan?" he asked Kalazanov derisively. "Is this a clever fake? Did the Amestrians print it up as a pretext for war crimes?" The Kahanistanian Justice Minister was laughing hysterically.

Kalazanov looked blankly at the Justice Minister and his former ally. He could not believe that the file had survived.

Colonel Khalrov, the defense attorney, regained his composure. "Your Honors, it appears that my client is quite shocked. I move for a recess until he can recover his composure and defend himself. Further, I object to the way the Republic's counsel is behaving. He is clearly attempting to lead the defendant."

General al-Khuwali nodded. "Motion for a recess is denied. Republic's counsel will refrain from disparaging references to Amestria, leading the defendant, and ridiculing the defense." He turned to the Justice Minister. "Do you have any further questions for General Levitt?"

Lamont shook his head. "No. The prosecution would like to call Brigadier General Igor Kaselev, Kahanistan Military Intelligence."

A tall man, (as in 192 cm [6'3"] and 91 kg [200 lbs.]) in a solid black uniform with some medals and ribbons strode into the witness stand as General Levitt left. He was in his mid-30's and somewhat cold and humorless in his appearance, a stark contrast to the petite woman before him, who looked more energetic and fun-loving. When asked by the Justice Minister to identify himself, he replied, "My name is Igor Vladimirovich Kaselev. I am a Brigadier General in the Republic Guard and a member of Kahanistanian Military Intelligence."

"General Kaselev, as part of your training, would you be able to determine if a sample of writing is fake?"

"Usually, although my specialty is in foreign languages. I was trained for six months as a handwriting analyst before being reassigned to linguistics."

"General, can you tell us if General Kalazanov's signature on these documents is a fake or genuine?" The Justice Minister handed Kaselev the documents and a known sample of the commander's handwriting for comparison.

Kaselev looked them over for about five minutes. "I would have to say the signature is probably real. In fact, I am almost certain of it."

"No further questions, General Kaselev."

The defense had not given up yet. Things were not looking good, but they weren't going down without a fight.

"General Levitt is an unstable personality," said Khalrov. "She is prone to eccentric, unpredictable behavior, openly expressing contempt for court tribunals, antagonizing foreign diplomats, confrontational approaches to conflict, and seems to think that the way to get what she wants is by blowing the other guy away. She more likely planted the papers to advance her own career and rebuild her shattered reputation."

"Ladies, gentlemen, and assorted transsexuals, hermaphrodites, and genderqueers of the jury, will you believe this sleazy, lunatic bimbo, or will you believe the words of a man who has served his country honorably for decades?"

"Objection, the defense is making an ad hominem attack on the witness."

"Sustained. Colonel, refrain from personal attacks on witnesses."

"Withdrawn. But it must be pointed out that this woman has next to no credibility, and would certainly have motive to frame the defendant."

"I'll allow that."

"Thank you, Your Honor. Now, General," the defense attorney said to his client, "where do you think that this most inflammatory and certainly fake document came from?"

Kalazanov broke down, lost his composure, and openly wept. "I... I gave the order. It was to protect the Torontian people. If we had gone forward, like General Levitt, and General Kantari, and the others... wanted, then the disunity would have ended our neutrality, we would have been forced to openly aid St. Fedski, and it would destabilize everything we worked for, everything the AOA worked for..." He could not finish in his emotional state...

Lamont grinned sadistically. "So, you sold out the reputation of your country, and 307 Torontian lives, and the lives of the soldiers killed in the whistleblowing by Captain Foster, for the interests of the State of Amestria, knowing that it was a terrorist, criminal entity in Torontia? You sold your soul to the Amestrians for a fragile peace that, when the lie was exposed, killed hundreds of thousands when the people exploded in anger, raping and killing every Amestrian they could get their hands on in an unparalleled display of barbarism? People of the jury, I submit that this coward, mass murderer, and AOA puppet is responsible for the deaths of every single riot victim, as much as General al-Ghazi is."