Prosecutor James Pace, responding to questions from Judge Guénawl Mettraux, said that the circumstances of war and chaos do not justify arbitrary detention.
"Do the chaos of war, the circumstances justify the arbitrary detention, no!", Pace said, reports "Oath for Justice".
After questions from Judge Christopher Barthe, Mettraux began his questions to the Prosecution, then giving the defense time to comment.
"Do I understand correctly that in the indictment, as you have claimed, you ask the jury to find guilty in relation to each of the ten charges raised in the indictment, but you do not ask the jury to find guilty on the individual ones that are relevant to the accused," Mettraux said.
He said that as a concrete example, the indictment mentions over 20 alleged murders.
"As far as I understand, the guilty plea you are seeking is only for counts 8, 9 and 10," said Mettraux, asking the Prosecution whether he had understood their indictment correctly.
Prosecutor Nathan Quick said the judge correctly understood the indictment, adding that the counts are for these crimes, but the crimes are based on individual incidents.
Quick said the jury must consider each individual incident, but the points are for those ten crimes.
“You claim that the SPO has not demonstrated the connection between the KLA's public statements and the crimes charged in the indictment, and you have included cases where incitement is a form of criminal liability,” Barthe asked.
Meanwhile, Luka Misetic said that it must be proven that the statements have been returned in effect for at least one of the crimes in the indictment.
"Yes, we say they have to prove something. We are saying that they have to prove that the statements have been effective, that they have had an effect. At least for one perpetrator, for one of the crimes in the indictment. Otherwise, we are talking theoretically, we are talking theoretically about whether the statement had an impact on the commission of the crimes," said Misetic.
Misetic added that there must be sufficient evidence to conclude that the statements had a significant contribution.
"I'm not talking about every perpetrator, but there must be sufficient evidence for us to conclude that there was a significant contribution," he said.
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