The Prosecution presented their key legal arguments in the case against Mujahid. Prosecutor Afroz addressed a range of legal issues in conjunction Charges 1, 2, 4, 6 and 7. A written outline of the arguments was provided as reference for the Tribunal. The Defense counsel objected because the cover photograph of the outline showed numerous skulls. The Defense argued that such a picture is unnecessary, inappropriate and prejudicial. The Prosecution disagreed, claiming that there is nothing in the law or rules of procedure prohibiting such photographs. The judges agreed with the Prosecutor’s submission, adding that such a photograph will neither be detrimental nor advantageous to the case against the accused and will have no impact on the judicial process.
The Prosecution presented arguments on the following issues:
- Legal argument on the absence of victims’ dead body.
- Legal argument on ‘extermination ‘ in contrast to ‘murder’.
- The doctrine of superior responsibility and how it has been established by the evidence admitted.
- Evaluation of documentary evidences and further evaluation of the charges.
The Actus Reus of Murder and Necessity of Victim’s Body as Evidence (relevant to Charges 1 and 5)
The Prosecution began by emphasizing that the bodies of the victims in Charges 1 and 5 were recovered. She argued that the actus reus, of murder requires that the Prosecution prove that the killing itself occurred. Where the body is not found or recovered the killing remains unproved, resulting in the failure of the Prosecution’s case. In this case, Prosecutor Afroz argued that the Defense cannot claim that the actus reus in Charges 1 and 5 has not been proven by reason of failure to find the body of the victims. Continue reading