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21 May 2014

Azeroth v Hellscream [31] ToWT 1 [Law Report]

TEMPLE OF THE WHITE TIGER
Pandaria

N.B. Spoilers for World of Warcraft: War Crimes after the jump

Case title
Azeroth v Hellscream
Medium neutral citation
[31] ToWT 1
Year of decision
ES 31
Jurisdiction
Customary international law - Criminal
Before
Yu’lon (juror)
Xuen (juror)
Chi-Ji (juror)
Niuzao (juror)
Taran Zhu (fa’shua (judge))
Parties
Pandaria (prosecution)
Grand Alliance (prosecution)
Horde (prosecution)
Red Dragonflight (prosecution)
Garrosh Hellscream (Accused)
Chu’shao (counsel)
Tyrande Whisperwind (Accuser)
Baine Bloodhoof (Defender)

Charges
Charge
Plea
Genocide
Nolo contendere (no contest)
Murder
Nolo contendere
Forcible transfer of population
Nolo contendere
Enforced disappearance of individuals
Nolo contendere
Enslavement
Nolo contendere
Abduction of children
Nolo contendere
Torture
Nolo contendere
Killing of prisoners
Nolo contendere
Forced pregnancy
Nolo contendere
Wanton destruction of cities, towns, and villages not justified by military or civilian necessity
Nolo contendere

Summary
Garrosh Hellscream is found guilty on all charges so presented against him. He is to be granted liberty so as to afford him the opportunity to learn from his crimes. In addition, no third person, omniscient or mortal, should interfere with this process of self-determination.

Witness testimony: Velen
Charges addressed: Genocide; Murder
Velen is the leader of the draenei peoples of an age spanning hundreds of human lifetimes. His testimony consists mainly of history prior to Hellscream's rule, yet the court welcomes context against which the charges may be considered, and thus allows its tender.

The orcs and draenei peoples are understood to have coexisted on Draenor prior to the influence of the Burning Legion. A chance meeting between a draenei guard of Telmor (Restalaan) and two orc children (Orgrim Doomhammer and Durotan) led to an exchange of the means to access an otherwise hidden settlement. When the Burning Legion later led the orcs to attack the draenei, this information was found to be useful to the orcs, and so an attack occurred here. The population of Telmor is understood to consist overwhelmingly of non-combatants.

From this testimony, the orc people are understood to be capable of both honour and atrocity. Care must be taken in determining this balance in a specific member, including the Accused.

Witness testimony: Kor'jus
Charges addressed: Torture; Murder
Kor'jus operates the business Dark Earth, which produces mushrooms. He was visited by a group of the Kor'kron Guard, headed by Malkorok, whom gave him a savage beating for poor opinion of then Warchief Hellscream. He was also at the Razor Hill inn at the night of the explosion, having left prior to its happening. He observed Kor'kron, Malkorok included, harassing a Forsaken (Frandis Farley) and sin'dorei (Kelantir Bloodblade). Vision confirms Malkorok's concerns about possible insults of Hellscream made by them prior to a grenade explosion's occurring.

Kor'jus' beating qualifies as torture by the Kor'kron, and the suppression of Farley and Bloodblade as murder. As these acts were committed in the name of then-Warchief Hellscream, they can be attributed to him.

Witness testimony: Varok Saurfang
Charges addressed: All charges put forth
Varok Saurfang served the Horde as High Overlord of the Kor'kron Guard and led the Might of Kalimdor as Supreme Commander. Having fathered Dranosh, he is understood to have lost him twice over the course of the Northrend campaign. Early on, at Warsong Hold, Saurfang and Hellscream were discussing strategy when the latter invoked the "warrior spirit of the Horde". This conversation devolved into a scathing critique of Hellscream's recklessness and its similarity to that of his father Grom, whom had condemned the orcs to Burning Legion-induced violence. Vision confirms that Saurfang threatened to kill Hellscream should he follow his father's fate.

Saurfang demonstrates foresight in the accusations before the court today, and thus is in a position to appreciate other witness testimony against Hellscream. However, while the former is keen on the death of the other, it would not be as an outcome of this trial; Saurfang would rather duel to the death in a traditional mak'gora, and should Hellscream triumph against him, he would accept the possibility of redemption. The Temple of the White Tiger accepts the sovereignty and differing legal systems of the mortal races and so will not comment on this method of conflict resolution.

This testimony indicates a contempt of court, but reiterating support of self-determination on the part of mortals, we will not pursue this matter.

Witness testimony: Anduin Llane Wrynn
Charges addressed: All charges put forth
Anduin Wrynn, son of King Varian Wrynn, is next in line to the throne of Stormwind. He has encountered Hellscream on at least two occasions. On the first one so presented, an Alliance-Horde peace conference at Theramore, he appreciates that Hellscream concerned himself less of the negotiations and more about the Horde's "taking what it wanted".

From this testimony, the court recognises a motive behind the crimes so alleged, that of conquering the entirety of Azeroth for the orc people.

The second one so presented was an attempt by Hellscream to use the Divine Bell on his soldiers. The Divine Bell, constructed by the mogu, was used by Lei Shen to both strengthen his army and sow discord amongst his enemies, which did so by producing a musical tone that invoked the sha in those whom heard it. The treatment claimed the life on one "champion", Ishi, whom Hellscream treated as disposable. A. Wrynn was present in order to destroy the Bell using the Harmonic Mallet, constructed to counteract the Bell's effects. Following the Mallet's use on the Bell, the latter cracked, and Hellscream, hateful, made an attempt on A. Wrynn's life by shattering the Bell above him.

The court is grateful for A. Wrynn's survival of this event. Displaying a hatred of him, especially following the Bell's damage, Hellscream's act against him constitutes an attempt to murder.

A. Wrynn testified that, despite the brush with death, he does not desire revenge for it. The court agrees that pursuing Hellscream, no matter the outcome, will not erase events from history, let alone those adverse ones for which he is responsible. We also recognise a mortal's potential to change their attitudes and beliefs.

Witness testimony: Vol'jin
Charges addressed: Murder; Forcible transfer of population; Enforced disappearance of individuals; Torture; Enslavement
Vol'jin is the Warchief of the Horde and Chieftain of the Darkspear Tribe of trolls. He has been critical of Hellscream's rule as Warchief since appointment by Go'el, to the point of threatening his life. In response, Hellscream ordered Vol'jin's assassination during the investigation of a saurok rookery.

Firstly, despite poor public opinion of his rule, Hellscream legitimately became Warchief through his appointment by Go'el. Secondly, Vol'jin is clearly capable on following through with a death threat, so Hellscream likely took it seriously. Thus, in contrast to the suppression of Farley and Bloodblade, it does seem that this assassination attempt was a legitimate act of self-defence in order to preserve his valid placement as Warchief, and so cannot be considered an attempt to murder. In relation to the charge of enforced disappearance of individuals, it comes to question why the assassination needed to be tied up with the investigation of the saurok rookery, and so Hellscream is found culpable on this charge.

It is undeterminable whether, like Saurfang, Vol'jin intended Hellscream's death to result from a properly conducted mak'gora. However, were this intention demonstrated, the court would have found unreasonable force used against Vol'jin and therefore an attempt to murder.

Vol'jin's testimony further described Hellscream's discriminatory treatment of the Darkspear trolls, in particular their required migration to "slums", as well as the declaration of martial law over the Echo Isles in Vol'jin's absence. This constitutes an unjustifiable forcible transfer of population.

There was also question in relation to Hellscream's concern with Pandaria. In particular, he saw "resources" in the living inhabitants, and had given orders to "paint this new continent red". There is some ambiguity in the meaning of those words, but the court agrees with Vol'jin that Hellscream intended to recruit Pandarians into the Horde's army, and claim the Pandarian continent as a Horde territory. Further investigation of the saurok rookery yielded discovery of mogu flesh-shaping magic, and it does call to question what he intended to do with it. The court recognises that such an agonising procedure could be used in torture, and there was a desire to enslave the saurok.

Witness testimony: Go'el
Charges addressed: All charges put forth
Go'el, formerly known as Thrall, is the World Shaman and leads the Earthen Ring. He served the Horde as Warchief prior to Hellscream. In response to elemental unrest and the eventual Shattering, he resigned and permanently joined the Earthen Ring in order to help heal the fabric of the world. Initially appointing Hellscream to the position of Warchief temporarily, and eventually proving unable to return, Hellscream established a permanent claim to the title. The question arises whether Go'el should be held responsible for the crimes so against Hellscream.

The court agrees with Go'el that mortals cannot foresee the future with crystal clarity and so must make the best of the current situation. He planned initially for Hellscream to act as relief, but found Azeroth's state more dire than expected. It is also recognised that, given that other candidates were too elderly, inexperienced or deceased for the burden of office, Hellscream was the most competent choice, if not ideal. We therefore do not consider it reasonable to fault Go'el for the crimes against Hellscream so put forth.

Witness testimony: Alexstrasza
Charges addressed: Forced pregnancy; Abduction of children; Killing of prisoners; Enslavement; Torture
Prior to the defeat of Neltharion, more commonly known as Deathwing, Alexstrasza was the dragon Aspect of Life. She, along with several others of her flight, were captured by the Dragonmaw clan of orcs and was forced to breed for a supply of mounts. In order to threaten her, the Dragonmaw destroyed some of her eggs in proximity to her face, slain three of her four consorts, and threatened use of the Demon Soul.

The court is appalled at the horrors which the Aspect of Life endured, many of which conflicted with the very nature of the dragonflight's responsibilities. She was forced to breed for the Dragonmaw, coerced with the destruction of her children while still in their shells. Those that survived to hatching were then deprived of their mother and appropriated for use as mounts, often being tortured to ensure obedience. Although history of these methods extends well before Hellscream's rule as Warchief, it is understood that they were exploited for the furtherance of the Horde when the Dragonmaw were brought in. We therefore can attribute responsibility for such crimes to Hellscream.

Despite her ordeal, Alexstrasza is infinitely loving of all life on Azeroth and will readily forgive any Dragonmaw orcs, or indeed any other person with guilt, truly penitent. The mortal psyche relishes free will, being able to pursue light or darkness, as well as turning towards the light once more should darkness have been so chosen. The court awaits such sentiments being shared with the mortal races.

Witness testimony: Gakkorg
Charges addressed: Murder
Gakkorg defected from the Kor'kron Guard prior to the Siege of Orgrimmar, and was pursued until Hellscream's downfall. Under Hellscream, he was tasked with raising magnataur younglings to induce their parents to fight for the Horde. Once the parents died in battle, the younglings were ordered to be released to fend for themselves in a hostile environment. It is likely that Hellscream, in ordering such, knew full well the grave peril they would face.

Witness testimony: Jaina Proudmoore
Charges addressed: Wanton destruction of cities, towns, and villages not justified by military or civilian necessity
Jaina Proudmoore is the Grand Magus of the Kirin Tor and was the Lady of Theramore. She was governing Theramore Isle when it came under attack from the Horde not long after Deathwing's defeat. The Horde had initially used conventional tactics before retreating to deploy a mana bomb of record size. She survived by being shoved through a portal by Rhonin while attempted to mitigate the damage from the mana bomb.

The excessive use of force on Theramore has left it unusable even by the conquering party. In addition, Hellscream intended the destruction of Theramore to affect the Alliance psychologically rather than physically or logistically. Therefore, its razing cannot be justified.

Despite such horrific experiences, Proudmoore understands that Hellscream is not representative of the entire Horde, and that by retaliating, her liabilities would resemble that which Hellscream are currently accused of.

Witness testimony: Varian Wrynn
Charges addressed: All charges put forth
Varian Wrynn is the King of Stormwind and the High King of the Grand Alliance. He was involved in the Dark Iron takeover of Ironforge after Magni Bronzebeard's petrification when he, as part of an SI:7 operation, attempted to assassinate Moira Bronzebeard. She, despite being of the Dark Iron, legitimately is next in line to the throne of Ironforge, yet has not won the people's approval. V. Wrynn and his force stood down after accepting the sovereignty of the dwarven peoples and that part of his motivation consisting of a rather selfish concern for his son Anduin. Since then, V. Wrynn and Bronzebeard are on amicable terms with each other.

V. Wrynn was called as a character witness for Hellscream. He sees Hellscream as concerned with the wellbeing of his people and can empathise with him on this matter. He also admits that Hellscream possesses the intelligence and, as a result, potential, to change his attitude.

While V. Wrynn certainly shares some characteristics with the Accused, the usefulness of his testimony is limited by the fact that Hellscream was more aggressive and extreme in his approach.

Decision
ChargeVerdictSentence
GenocideGuilty (see note)No sentence
MurderGuiltyNo sentence
Forcible transfer of populationGuiltyNo sentence
Enforced disappearance of individualsGuiltyNo sentence
EnslavementGuiltyNo sentence
Abduction of childrenGuiltyNo sentence
TortureGuiltyNo sentence
Killing of prisonersGuiltyNo sentence
Forced pregnancyGuiltyNo sentence
Wanton destruction of cities, towns, and villages not justified by military or civilian necessityGuiltyNo sentence

Garrosh Hellscream is guilty as charged; this was not a contested matter.

In the grand scheme of nature, a mortal's death is insignificant; in fact, it is an inevitability that commands no further attention. What is important, then, is their life contribution to the grand scheme of nature. It is on this that they are to be judged.

A person's life contribution does not cease at the present. Although the past is crystal clear, yet the future completely clouded, what must not be forgotten is the potential for future great things. A person can only realise their own potential, ethical or otherwise, if allowed to live, to learn, to grow. Any undesired interference in this process, especially by another mortal, is to be condemned.

A mortal soul may seek the light or pursue darkness; such is the beauty of free will. Even if they may so decide the latter, there is nothing stopping them from seeing the error of their ways and turning back. Should they realise this and approach, truly penitent, the only right response is forgiveness.

As much as people pursue justice, what must be kept in mind is that no person is completely innocent. It is a tall order to impose completely just punishment, let alone find guilt with due impartiality, when the finder, being a mortal, is imperfect. Should a call for blood be made, step back to see what really matters; the past has passed, yet the future is undecided, and can be shaped into something wonderful.

We see future potential in the Accused. Thus, the court withholds from him any and all punishment so vehemently pursued, so that he may, eventually, see for himself the error of his ways and change his self for the better. To those of the prosecution, we implore you to look deep within your hearts to find the best path forward in this Age of Mortals.

Remember the sha.

N.B. No witness seems to have testified to a direct act of genocide by Garrosh, but the charge was not contested anyway.

Bibliography
  • Golden, Christie (2014), World of Warcraft: War Crimes, 1st hardcover edn, Gallery Books, New York

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