ISRMUN Embracing our diversity is the first step to unity. THE INTERNATIONAL CRIMINAL COURT

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1 ISRMUN 2016 THE INTERNATIONAL CRIMINAL COURT

2 Committee: The International Criminal Court (ICC) Written by: Jacqueline Atamanuk, Enrique Quiros and Mauricio Soria I. General Description The International Criminal Court (ICC) is a permanent, international tribunal to prosecute individuals for genocide, crimes against humanity, and war felonies. The Court is headquartered in The Hague, Netherlands, however, its proceedings may take place anywhere. The Court is intended to complement existing national judicial systems, and may only exercise its jurisdiction when national courts are unwilling or unable to investigate or prosecute such crimes. Currently, 124 countries have signed and ratified the Rome Statute. This includes all of South America, nearly all of Europe, most of Oceania and roughly half the countries in Africa. II. Parliamentary Procedure A) Motions Being familiar with parliamentary procedure is essential to succeed at any Model United Nations simulation. The following is a general list of common points and motions used at most simulations together with a brief explanation of each.

3 Motion to Open an Open Chamber: This is the first motion of the simulation and is made to open the Court. Any judge can raise his/her placard, be chosen by the chair, and say, I make a motion to begin an open chamber. Motion to Adjourn/Close the Session: This motion adjourns the committee sessions for good. This motion requires seconding, is not debatable, and needs a simple majority to pass. Motion to Enter a Closed Chamber: This motion brings the committee into a closed chamber on the issue on the floor for a specified amount of time. Here, judges can raise their placards, and if they are chosen by the moderator, can stand up and speak their minds on the given topic. This motion requires seconding, is not debatable, and needs a simple majority to pass. B) Points Point of Order: This point may be raised when you feel that a judge or the Chair is not abiding by correct parliamentary procedure. A point of order is allowed to interrupt a speaker. Point of Personal Privilege: This point is used to indicate personal discomforts to debate. It may be raised during the debate if, for example, you cannot hear the speaker or feel uncomfortably hot or cold. This point is allowed to interrupt a speaker, but may not refer to the presentation of the case by the prosecution or defense counsel.

4 ISRMUN 2016 Point of Inquiry: This point may be raised after a speaker yields to questions. It is used to ask a question of the witness or counsels relating to the evidence presented. It may also be used to ask the chair a questions regarding parliamentary procedure during a normal session. Point of Information: This point is used to ask a question directly to another judge, witness, the prosecution, or defense counsel. This previously mentioned question must be about the content that is currently being debated. This point is not allowed to interrupt a speaker and must be done only after the speaker finishes reading. Follow up: This point is used to ask another question to the judge regarding the first question. This point is not allowed to interrupt and can only be accepted after making a point of information. Point of Commentary: This point is used to make a comment towards a witness, prosecution or defense counsel regarding their opinion on what has been previously stated. III. The Session A) Presence times: At least one of the following people have to be present during the court's proceedings at all

5 A. the President B. all judges (unless excused by the court) C. two Prosecutors D. two Defense Counsel B) Oath Before exercising their functions, judges will make the following oath by raising their right hand: I solemnly undertake that I will perform my duties and exercise my powers as a judge of the International Criminal Court honorably, faithfully, impartially and conscientiously. After, the Prosecution and Defense Counsel will make the same oath as mentioned above. C) Setting the Docket The court will be pronounced in session by the President and the Secretary shall read the indictment to the accused and ask him or her to enter a plea. The accused may plead guilty or not guilty to each count of the indictment separately. The President will then take over and propose the basic time frame to the judges and parties involved. D) Opening Statements Before the President asks parties to present their case, each party involved shall be granted the floor for their opening statement. They can also decide to split the time between the members of their team. During the opening statements parties are asked to outline their case to the court.

6 E) Presentation of the Case 1. When all parties have concluded their opening statements the President will call upon the Prosecution to present their case. The Prosecutor can then call their witnesses and/or present evidence material. 2. When the prosecution indicates that they do not intend to call further witnesses or introduce any other evidence, the Defense Counsel will be called upon to proceed with the presentation of their case in the same manner. The Prosecution should indicate its intent by stating: The Prosecution rests. 3. This segment of proceedings will be concluded when neither side signifies its intent to call further witnesses or introduce further evidence material. Witnesses A. Before the witness called by either side testifies, he/she is required to make the following oath: I solemnly declare that I will speak the truth, the whole truth and nothing but the truth. B. The party who called the witness will have the right to examine the witness by asking questions. Any objection against the admissibility of a questions shall be raised immediately by stating:

7 Objection! The objecting party is then required to state the reasons for their objection. The President will decide on any objection raised. His or her decision is final. C. As soon as the party who called the witness indicates that it has no further questions to the witness (by stating Your witness. or No further questions. ) the opposing party has the right to cross-examine the witness in the same manner as above. Thereafter, the judges may raise questions to both the witness and the counsels. E. Parties and judges may ask to re-call witnesses if they require further clarification on a specific matter before the beginning of closing statements. The President shall decide on such requests. Possible Reasons for Objections Objections against a question to a witness, testimony or the acceptance of evidence material: A. Ambiguous (or vague, confusing or misleading): All questions should be precise enough to allow the witness to answer properly.

8 B. Argumentative: Parties may not give statements during examination or cross-examination instead of asking questions. C. Asked and answered: Parties may not ask a questions again to which they already received an answer from by the same witness. D. Assumes facts not in evidence: Parties may not assume circumstances as true if no evidence was provided for that purpose. E. Badgering: Parties may not try to intimidate witnesses by improper behaviour, including asking multiple questions without giving the witness time to answer. F. Calls for a conclusion: Parties may ask only for the witness s observations, not for any conclusion. They may ask how they felt, if they were afraid, etc. G. Calls for speculation: Parties may not ask witnesses to speculate or guess on certain points. H. Compound question: Parties should ask one question at a time and refrain from combining multiple questions.

9 I. Hearsay: Parties may ask only for the witness s observations, not for any information they received from another person. J. Incompetent: Parties may not ask witnesses a question which they, in their capacity, are not able to answer. K. Privilege: Parties may not ask witnesses a question if they are protected by law from answering the question. L. Irrelevant: Parties many not ask questions that are not relevant to the case. M. Lack of foundation: Parties may not introduce evidence if its authenticity is not proven. N. Non-responsive: Witnesses have to answer to all questions. They are not allowed to answer a question that was not asked. O. Fruit of the poisonous tree: Used to describe evidence that is obtained illegally.

10 F) Evidence Material A. At its discretion the court may allow evidence material to be introduced. This includes written documents, data files, photographs, and audio and video recordings. B. Some items may be introduced by handing them to the Secretary and asking for them to be numbered and formally accepted as evidence material. The President will then inform both parties and all members of the court of the content in an appropriate manner. C. Both parties have the right to comment on evidence material as soon as they are formally introduced. D. Both parties may also introduce other evidence material while examining a witness for the purpose of showing the item to the witness and/or ask him/her about it. E. Parties may introduce any material relevant to the case they consider important. The Secretary is required to examine such material, verify its authenticity and advise the President on the admissibility. The President will have the final decision. F. Any objection against the admissibility of evidence material shall be raised immediately in the manner as described above.

11 G) The Accused A. The Defense may call the accused to testify. The accused is not required to take the aforementioned oath. When called, the accused is obliged to answer questions by the Defense and, during cross-examination, by the Prosecution. B. The accused may not be called by the Prosecution unless he/she was previously called by the Defense. H) Questioning 1. This segment of proceedings is aimed at clarifying factual or legal issues regarding the case. When both parties have rested their case, the Secretary will call for a recess. During this time, the judges will convene in a closed chamber to discuss items related to the Prosecution, Defense or both on their case. Judges may ask the President to clarify doubts and/or to review witness testimony or evidence material. I) Closing Statements 1. If no further questions are raised or motions brought in, the President will ask parties for their closing statements. The Defense will give their closing statement first, followed by the Prosecution. They can also decide to split the time between the members of their team.

12 2. During the closing statement, parties should sum up their case. This should be done by referring to relevant witnesses and other evidence material. Any issues of factual or legal nature relevant for the judgment should be addressed. Closing statements should also include a specific recommendation for the judgement. 3. The closing statement of either party may not be interrupted by any motion or other statement. If a party wants to object against a specific statement it has to wait until the opposition has finished before raising such an objection. J) Deliberations 1. After the conclusion of closing statements, the Secretary will call an indefinite recess for the purpose of final deliberations. 2. Judges, assisted by the President and Secretary, will convene in a closed chamber to discuss the case in its entirety. They will have to determine whether the accused is guilty of the terms of the indictment. Such guilt will only be determined if the court is satisfied beyond a reasonable doubt of the fulfillment of all required elements of the specific nature. 3. Any votes during deliberations are taken by majority vote amongst the judges.

13 K) Judgement 1. A single judgement shall be issued for each case before the court. It shall be written by the judges with the support of the President and Secretary. 2. The judgment shall clearly name the case and all parties involved, as well as all people present continuously during the session. It should further involve a comprehensive overview on the case and such evidence material as was considered significant by the court. In the following, the court should state its reasons (factual and legal) for its decision. The judgement should conclude with the clearly formulated decision concerning the separate counts of the indictment and, if the accused is found guilty of at least one crime, punishable under the Rome Statute, a concrete sentence. 3. Judges who do not agree with the majority opinion concerning the verdict may draft a dissenting opinion. Judges wishing to write a dissenting opinion should inform the President of their intention. Dissenting opinions should be considered as an annex to the judgment. IV. Members of the Court The President: The President presides over all sessions of the court, including open and closed chambers. He or she shall open and close sessions, grant the floor to parties or members of the court and decide

14 on objections. Together with the judges, he or she shall decide on motions brought forward by either party. Together with the judges, the President will formulate and decide upon judgement. The Vice-President, Secretary and Clerk: The Vice-President, Secretary and Clerk will assist the President in applying the rules of procedure and evidence, call the case and witnesses, read written pieces of evidence to all parties involved and assist all parties concerning the rules of procedure or any other questions in the proceedings of the court. This includes assistance to the court in drafting the judgment or any other decision. Judges: The judges will take part in the court s proceedings. They have the right to ask questions to parties. The judges will draft and decide on the judgment at the end of the proceedings. Prosecutors: The Prosecution brings forward the charges against the defendant, presents evidence material, examines and cross-examines witnesses. Their task includes preparation of an opening statement and a closing statement.

15 Defense Counsel: The Defense may present evidence material, examine and cross-examine witnesses and bring in any motions they consider necessary. As they are allowed to present evidence material on their own, they do not have to rely on the material presented by the Prosecution. V. Sources International Criminal Court." International Criminal Court. Web. 23 Oct < Rome Statute of the International Criminal Court." UN News Center. UN. Web. 23 Oct <