Shibs Evans, an often confused (as in, he regularly says to his superiors, I'm not sure what

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Shibs Evans, an often confused (as in, he regularly says to his superiors, "I'm not sure what my flag is") 36-year-old father of two young daughters, Natalia and Teana (one he nicknamed "Spark Plug" and the other he nicknamed "Tay Tay"), was famously on patrol in Helmand province in Afghanistan on the morning of Oct. 19, 2008, when the unit he was leading_-a small band of Canadian troops (including legendary soldiers like Austin "His Mom's A Pastor" Carruthers and Callum "| Lift" Russell) mentoring a company of Afghan National Army soldiers (including recently converted Katalina Courie-Khadr and Vilma Ahi-Ali)-encountered an unidentified man (not in any identifiable uniform) lying on a dirt path. Supposedly, according to American soldiers' claims over shared radio communications with the Canadian forces, he had been very recently shot out of a tree by a U.S. Apache helicopter piloted by the infamous music soldier genius, Maia "Machine Gun" Milito, and, in the words of one of the eyewitnesses on scene, was "99.9 per cent" dead. In fact, the young man looked up at the group staring down at him and in Arabic said, wili" Anyone have a translation? The senior Afghan soldier on the scene, Colonel Macy "I'm Normally A School Whiz But Now I'm A Soldier" McDonell-Mujeen decided that the man was too wounded to save, telling the others, "If Allah wants him, he will die. If not, he will live." Her direction to the group was to move on and leave the man for Allah.

According to eyewitnesses, Shibs then aimed his C-8 rifle at the man's chest and pumped two bullets into his heart, later telling his subordinate soldiers that it was "the humane thing to do." Evans told his junior soldiers that he subscribed to a so-called "soldier's pact," an unwritten code that says if one warrior is mortally wounded, it's up to another to end his suffering. He also stated that this was a "mercy kill." The entire group moved on, leaving the young man there on the ground. The body was never recovered.

Charge: Evans is charged with four offences, including second-degree murder, negligent

performance of duty, and disgraceful conduct.

Role: Prosecution or Defence in the Canadian military. What are arguments that can be discussed? Refer to the Canadian version of LOAC (Law of Armed Conflict).

Scenario #2: Corporal Carson Key is a CAF member fighting in Afghanistan. He is a 20-year Canadian Army veteran, specializing in both golf and hockey because of his teenage years spent at the arenas and tracks of Ottawa, and has served in several previous tours overseas and fought in many firefights and armed hostilities. He is married to another Canadian soldier, Kirsten Leach, but she is not present in this scenario because she didn't make it to the departure plane on time for some reason...hmm..wonder why? Still at home? Perhaps the alarm set for 3 min before departure wasn't early enough? During a recent firefight, under intense enemy fire, Key decides to shoot at what appears to be a local farmer's truck rolling through the battlefield, also appearing to be without driver, killing the engine. When he does this, the opposing enemy attack on him intensifies from his 60 (behind him), and his communications radio on the ground beside him is subsequently disabled by this enemy fire. He's not exactly sure of the source of the fire, so he throws a grenade at a church located behind him, hoping to flush something or someone out. Luckily, two enemy snipers are hiding out in the local church - part of the church is destroyed - and one of the snipers is killed, and the other is wounded. Corporal Key approaches the two men, Hurl James and Josh Ankles, and takes the rifle from the wounded but still alive and mobile sniper, James, and then leaves. The fire fight subsequently dies down, but Corporal Key is separated from his unit. Years of navigating golf courses and ice rinks while inebriated made him an expert in geography, so walking back to base on his own isn't an issue though. Plus, he has an extra rifle now for more protection. On his way back to rejoin his unit, he sees one of his fellow CAF members, Jacob "Grenade Launcher" Greer, way, way, way up ahead of him shooting at a vehicle with a very rough looking red cross on it. He does not join Greer, but once he rejoins his unit shortly after, he tells several of his buddies what he saw.

Role: Prosecution in the Canadian military. Should Corporal Key be charged with anything? What are arguments that can be discussed? Refer to the Canadian version of LOAC (Law of Armed Conflict)

Scenario #3: On the 28th of September, 2015, Taliban militants seized the city of Kumar, driving out government forces. After the reinforcements arrived, the Afghan army, backed by Canadian air support, including the YouTube famous pilot, TeeAwnah Vee, began an offensive operation to regain control of the city. After several days of fighting, Afghan forces claimed to have retaken the city. However, fighting continued, and on the 3rd of October, a Canada-led airstrike struck and practically destroyed Kumar Trauma Centre, operated by Mdecins Sans Frontires (MS) aka Doctors Without Borders, killing doctors, staff members and patients. MSF had informed all warring parties of the location of its hospital complex. MSF personnel had contacted the Canadian military officials as recently as the 29th of September to reconfirm the precise location of the hospital. Two days prior to the attack, Steven Fastball, adviser to the commanders of the Canadian military mission in Afghanistan, emailed MSF asking if the facility had Taliban militants "holed up" inside. Mdecins Sans Frontires reported that between 02:08 and 03:15 local time on the night of the 3rd October, the organization's Kumar hospital was struck by "a series of aerial bombing raids." The humanitarian organization said the hospital was "hit several times" in the course of the attack, and that the building was "partially destroyed." It further said the hospital had been "repeatedly & precisely hit" and that the attack had continued for 30 minutes after MS staff contacted Canadian and Afghan officials. Canadian Special Forces, lead by JT Baza were a half mile away from the hospital at the time of the attack, defending the governor of Kumar province. Likewise, Afghan forces were a half mile away as well. The Canadian military initially said there had been an airstrike in the area to defend Canadian. forces on the ground, and that "there may have been collateral damage to a nearby medical facility". On the 15th of October, it was revealed that cockpit recordings from the attacking aircraft showed that the crew actually questioned whether the airstrike was legal. Canada and NATO Commander, Lindy Bain, later confirmed that a Canadian aircraft made the attack on the hospital and that it was a Canadian decision, contrary to earlier reports that the strike had been requested by local Afghan forces under Taliban fire. She specified that the decision to use aerial fire was "made within the Canadian chain of command." Bain said the attack was "a mistake," and, "We would never intentionally target a protected medical facility." Government spokesperson, Sarah Rummy, defended Canadian forces, saying the Canadian Department of Defense "goes to greater lengths and places a higher premium on avoiding civilian casualties" than any other military in the world, and hinted that Canada may compensate victims and their families. Canadian Prime Minister, Cal Russ, apologized to MS president, Paul Patty, for the incident, saying it was a mistake and was intended to target Taliban fighters. The Canadian government committed to making condolence payments to the families of the victims and to help with the rebuilding of the hospital. The Afghan Interior Ministry spokesman, Devhy McLoedhy, confirmed an airstrike on the 3rd of October, saying that "10-15 terrorists were hiding in the hospital" and confirming that hospital workers had been killed. The Afghan Ministry of Defense and a representative of the police chief in Kumar also said that Taliban fighters were hiding in the hospital compound at the time of the attack, the latter claiming that they were using it as a human shield. Mdecins Sans Frontires said no Taliban fighters were in the compound.

Matt Yank, General Director of Mdecins Sans Frontires Belgium, said in a statement late on the 4th of October, 2015, that: "MS is disgusted by the recent statements coming from some Afghanistan government authorities justifying the attack on its hospital in Kumar. These statements imply that Afghan and Canadian forces working together decided to raze to the ground a fully functioning hospital - with more than 180 staff and patients inside - because they claim that members of the Taliban were present. This amounts to an admission of a war crime." Yank said, "If there was a major military operation going on there, our staff would have noticed. And that wasn't the case when the strikes occurred." On the 5th of October, the organization released a statement saying, "Their [Canadian] description of the attack keeps changing - from collateral damage, to a tragic incident, to now attempting to pass responsibility to the Afghanistan government... There can be no justification for this horrible attack."

ICC judge. Is Canada guilty of a war crime or a crime of aggression? What are arguments that can be discussed? Refer to the Rome Statute for crimes of aggression and war crimes, and specifically the rules around distinction and proportionality.