International Court of Justice (ICJ) Committee Guide

Transcription

1 International Court of Justice (ICJ) Committee Guide

2 Committee Roles President (Moderator) The President is the Presiding Justice of the International Court of Justice (ICJ), who is elected every three years by their fellow Justices (i.e. judges). For HAMUN, the committee Moderator will assume the role of the President. However, the Moderator who is a staff member will neither interfere in substantive debate nor take part in voting. The Moderator will be an additional Justice beyond the normal fifteen in the real ICJ. The Presiding Justice is responsible for chairing the Court s proceedings and moderating debate. He or she ensures that the committee operates in a smooth and efficient manner. This requires a very thorough working knowledge of the rules of procedure and a professional presence on the dais. The Moderator shall be addressed as President and referred to as Presiding Justice while the Court is in session. Vice President (Director) The Vice-President is an ICJ Justice who is elected from among his/her peers every three years. For HAMUN, the committee Director will assume the role of the Vice-President. Like the Moderator, the Director will neither interfere in substantive debate not take part in voting. The Director is an additional Justice beyond the normal fifteen. The Director is responsible for managing the substantive work of the Court during conference. They will also edit drafts of the Court s judgment, helping delegates to structure their ideas for the sake of clarity and persuasion. The Director will ensure that all delegates accurately represent their respective roles, whether as Counsel for a particular State or as an impartial Justice. The Director shall be addressed as Vice-President and referred to as Justice while the Court is in session. Registrar (Rapporteur) The Registrar serves as the Director s aide and is responsible for the administrative management of the Court. For HAMUN, the Rapporteur will assume the role of Court Registrar. The Rapporteur is responsible for maintaining the order of the motions on the floor, verifying vote counts, and similar administrative matters. The Rapporteur will also be called upon to assist in the preparation of final committee reports. The Rapporteur will neither interfere in substantive debate nor take part in voting. The Rapporteur shall be addressed as Registrar while the Court is in session.

3 Justices The fifteen Justices are responsible for passing judgment on each of the cases presented to the Court. Delegates will assume the roles of the Justices of the ICJ. Before the conference, the Justices will thoroughly research the facts and relevant law of the two cases in order to write a Preliminary Opinion on each case, which shall take place of a position paper. During the conference, Judges will assess the evidence and arguments presented to the Court and ask questions to the Counsel. After the Counsel have been heard, the Justices will debate the merits of each case and find in favor or against either party. They will prepare a written judgment, which shall state the facts of the case and outline the legal reasoning behind the Court s decision. The Justices judge the cases on the strength of the arguments and evidence presented to the Court, and do not represent the interests or policy positions of Member States. Counsel Working in teams, the Counsel will provide legal representation to the States that are party to the cases before the Court. Delegates will assume the roles of the Counsel. Before the conference, the Counsel will thoroughly research the cases on the Court s docket and prepare the arguments they will present to the Court. They will also draft Memorials, one per case, which shall take the place of the position paper. During the conference, the Counsel will present evidence and oral arguments at length to the Court and take questions from the Justices. They will also respond to requests made by the Court for written submissions.

4 Position Papers General Guidelines Both Justices and Counsel will write two Position Papers. Please make sure to follow the formatting guidelines: Papers must be 1-3 pages long Single Spaced 12 Point Font in Times New Roman 1 Margins MLA Citation Preliminary Opinions and Memorials should include: Full name of the committee Full name of the court case and its parties The State the Counsel represents (write Justice if you are a Justice) Delegate s school name Delegate s full name Works Cited Page

5 Preliminary Opinions and Memorials Preliminary Opinions (Justices ONLY) The Justice s Position Papers take the form of Preliminary Opinions. These should not reflect any Members State s position on a case, but rather an objective personal opinion based on the reading, research, and legal assessment of the issues in each case. The Preliminary Opinions should be written with utmost objectivity, based exclusively on fact and law. The Justices Preliminary Opinions should reflect the following for each case: I. Statement of Facts (What are the facts of the case?) II. Statement of Law (What laws, customs, precedents, or treaties are relevant?) III. Discussion (How does the law view the facts?) IV. A Conclusion (How should the various issues be resolved?) Memorials (Counsel ONLY) Counsel will produce a Position Paper that will serve as both the Memorial and Counter- Memorial for the respective State party, and will outline the arguments for both sides. The Counsel s Memorials should reflect the following for each case: I. Statement of Facts (What are the facts of the case as viewed in the light most favorable to your position?) II. Statement of Law (What laws, customs, precedents, or treaties are relevant) III. Discussion (How does the law and facts support your position) a. A counter-argument to the anticipated arguments of the opposition Counsel. (How will the opposing Counsel portray the facts? What laws will they claim to support their position? How can you counter their arguments?) IV. Request for Remedy (What do you want the Court to do?)

6 Stages of Committee There are two Cases set in the General List of the Court, which have been approved for inclusion in the ICJ. At any time the UN General Assembly or the Security Council may submit a request to the ICJ for an advisory opinion during the course of the conference. The Presiding Justice in consultation with the Under-Secretary General of Crisis and the Secretary General will review such requests. In preparation for the Court, all participants are required to submit two Memorials or Preliminary Opinions in lieu of a regular Position Paper. See the Position Papers section. Special Rules for Debate & Caucusing Stages in ICJ Stage I II III IV V VI VII May Suspend the Sitting? Yes Varies Yes Yes Yes No Yes Active Speakers Justices Counsel Counsel Counsel Witnesses Justices Justices Counsel Justice Time Limits N/A 15 Min 60 Min N/A 4 Min 15 Min N/A x2 x2 x15 x2 May Justices No No Yes No No No No Interrupt for Questioning? Counsel Permitted in the Room? Yes Yes Yes No Yes Yes No Stage I: Convening the Court Once the Presiding Judge has concluded his/her introduction, he/she will open the first sitting of the Court. The Presiding Justice will then conduct the Administration of the Oath to the fifteen Justices. The Oath is a declaration to carry out one s duties according to certain personal and professional standards. Both Justices and Counsel will remain standing while this takes place. Once the declarations are over, either Counsel or Justices may move to Set the Docket of the Court. After the Docket has been set, Justices should Suspend the Sitting in order to consider their preliminary opinions. During that time, the Counsel teams may meet to make final preparations for their opening statements and arguments.

7 Stage II: Opening Statements The Presiding Justice will return the Court to formal session and invite the Applicant Counsel to deliver their opening statement for the case. After the Applicant Counsel had rested, the Respondent Counsel will deliver their opening statements to the Court. Each opening statement should last minutes. These statements should preview the evidence and highlight the main points of law that are contended. It is strongly recommended that the Counsel prepare these statements prior to conference due to their subject heavy nature and time limits. Stage III: Presentation of the Case The Applicant Counsel will be invited to deliver their full arguments to the Court. Both team members are encouraged to speak. After the Applicant has rested, the Respondent Counsel will be invited to deliver their full arguments to the Court. Each Counsel will be allowed up to One Hour to present their arguments, evidence, and witnesses. Each Counsel may request a single 15 minute extension. Both Counsel and Justices may motion to suspend the sitting as necessary. Time spent during Suspension of the Sitting does not count against the Counsel s presentation time limit. Neither does time spent in cross-examination, nor time the Justices spend asking questions. During the Presentation of the Case, Counsel should present the facts of the case as viewed by the State they are representing, as well as explain anything relevant to the case. The arguments should focus on the points of law that most divide the parties. The Justices will listen carefully to the arguments, taking notes on points that might shape their judgment. Justices may also interrupt the Counsel to ask questions. Evidence Counsel may submit written evidence only during the presentation of the case. No motion is required to submit evidence which may be submitted either en masse or piecewise. However, Counsel should introduce and contextualize any evidence. Two types of written evidence are recognized at HAMUN 42. First, Counsel may submit original Memorials that summarize key parts of their oral arguments, namely, the Counsel s Memorials. Second, the Counsel may submit excerpts from relevant treaties and/or other documents that might guide Justice s decisions. Witnesses Witness testimony shall be conducted during the presentation of the case. Counsel shall motion to present each witness. Counsel shall be afforded a brief period in which to prepare each witness just prior to testimony. The order and timing of witness testimony is at the discretion of the Counsel.

8 The opposing Counsel may motion to Cross-Examine the witness, if desired, following each witness testimony. If a witness is cross-examined, the original Counsel may redirect. Only one cross-examination and redirection is permitted per witness. The list of expert witnesses will be provided to delegates before the conference, but sometime after the release of the background guides HAMUN Crisis Staff will act as the witnesses. Prior to conference, delegates may submit a suggested list of witnesses for their cases to ruth@houstonareamun.org Stage IV: Initial Deliberations After the Counsel s arguments have been heard, the Justices will begin the debate of the issues. The Justices should focus on the key issues they outline in their Preliminary Opinions, taking into consideration the oral proceedings. This is also the time to review evidence and testimony. The Justices should formulate a rough list of questions to put the Counsel. These questions are intended to help the Justices reach a final decision. This will be the Justices opportunity to clarify the Counsel s arguments and address issues that were poorly covered. Stage V: Justice Questioning This phase will be conducted in a round robin. Each individual Justice will have 4 minutes to ask questions to the Counsel in order to clarify issues, facts, and points of law. Questions should be directed to one Counsel or the other. The Justices should not be confrontational, and should not engage with the Counsel in informal conversation One 15 minute extension of the questioning period is allowed upon request. The extension will not use a round robin, Justices and Counsel may motion to Suspend the Sitting as necessary. Stage VI: Closing Arguments The Respondent Counsel will be invited to deliver their closing arguments to the Court. After the Respondent Counsel has rested, the Applicant Counsel will deliver their closing arguments to the Court. Each Counsel will be allowed a maximum of 15 minutes to make final remarks. Counsel should summarize their case, review the evidence & witness testimony, review their arguments and request remedy from the Court.

9 Stage VII: Deliberation and Judgment The Justices now consider their Judgment. Final deliberations will be closed to Counsel, other delegates, and Sponsors. Only the Justices and the Dais will have access to these deliberations. Counsel should begin preparations for the next case at this time. Justices should begin final deliberations by identifying the key issues that must be decided upon before a judgment can be reached. Justices should then move to consider relevant points of law and legal documents, as well as discussing the arguments, evidence, and testimony that the Counsel presented. The Courts should intermittently make use of the Poll Straw voted during the final deliberations in order to verify whether a consensus has been reached on key points and issues. When ready, a Justice will motion for the closing of the deliberations. The Court will formally vote on whether it is ready to draft a final judgment. This is not a vote for support of the majority opinion, but rather a merely statement that all Justices have reached a final opinion of some sort. Following a successful vote, the Presiding Justice will suspend the Sitting in order for the Court to draft its opinion. Each Justice with a dissenting opinion should write a brief explanation of their position. The majority opinion must be sponsored by simple majority of the Court. If a simple majority doesn t exist, the Presiding Justice will not permit the Court to close deliberations. Once the judgment is complete, the Justices will sign it and the formal decision shall be read to the Court. The Registrar shall begin the reading with a summary of the proceedings, followed by one Justice reading a judgment, and concluding with each of the Justices briefing their opinion. The Court will then hear the next case on the General List of the Court. Resolutions ICJ produces Opinions in lieu of resolutions. The standard UN format is not used. The ICJ Opinion in HAMUN is written in paragraph format and divided into Sections. The first part of the judgment will be prepared by the Registrar, and shall contain: I. The date the Opinion will be released II. Names of all Justices and Counsel III. Names of the Parties IV. Brief Summary of the Proceedings V. Submission of the Parties as contained within the memorials The Second part of the judgment will be drafted by the Justices and shall contain: I. A Statement of Facts II. The legal reasoning behind the Court s decision III. The Court s formal decision on each contested point and the names of those Justices that found in favor or against

10 Rules of Procedure Delegates should make sure to read this committee guide in its entirety to become familiar with the procedure for ICJ. The Presiding Justice will direct the Court in situations that the Rules of Procedure does not specify over. Unless described here, all delegates should become familiar with the standard HAMUN Rules of Procedure and should make use of them through the ICJ Simulation. However, ICJ does have a number of special Rules of Procedure (Ex. Only Justices vote). Special Points and Motions Set the Docket: Either counsel or Justices may motion to set the docket of the Court. This motion is equivalent to Setting the Agenda. Passing of this motion requires simple majority of the Judges. Suspend the Sitting of the Court: Either Counsel or Justices may motion to suspend the Sitting of the Court. Whoever motions must include the purpose and the duration of the suspension. This motion is equivalent to suspending debate, although ICJ makes no distinction between moderated/unmoderated caucuses. Passage of this motion requires a simple majority of the Justices. Present the Witness: During the presentation of the case, Counsel must motion to present each witness to the Court. Counsel should then introduce the witness and provide questions for the witness to answer. Counsel is free to argue their case as long as questions are not leading. This motion requires only the consent of the Presiding Justice to pass. Objection: An objections is used in place of a Point of Order. Objections may draw attention to procedural mistakes, challenge leading questions to the witness, and address the Court when the opposing counsel is presenting irrelevant information. Counsel should not overuse this point, at the risk of being judged dilatory. This point requires only the Judgment of the Presiding Justice. Cross-Examine the Witness: The opposing Counsel may motion to cross-examine the witness in order to ask the witness questions following the presentation of the witness by the presenting Counsel. The opposing counsel may not choose to cross-examine the witness at a late time. This motion requires only the consent of the Presiding Justice to pass. Redirect: The presenting Counsel may motion to redirect in order to continue examining the witness following a cross-examination; otherwise the cross-examination will conclude the presentation of the particular witness. This motion requires the consent of the Presiding Justice to pass.

11 Extend: Each Counsel may motion once to extend the presentation of the case by 15 minutes. The Court may motion once to extend the Justices questioning period by 15 minutes. Passage of this motion requires simple majority of the Justices in a vote. Straw Poll Vote: A justice may motion for the Court to conduct a straw poll vote in order to get an unofficial consensus concerning a particular issue or question. The vote in non-binding. This motion requires only the consent of the Presiding Justice to pass. A motion for a straw poll vote must be accompanied by a question or topic to vote on. Close Deliberations: A Justice may motion to close deliberations only during the Deliberation & Judgment Stage. Closing of Deliberations instantly moves the Court into the final writing phase of the judgment. Closing of Deliberations requires a unanimous vote of the approved from the Justices, As such, no formal debate is required. Point of Order Point of Information Set the Agenda Open Speakers List Suspend Debate Unrecognized Points & Motions Table/Resume Debate Close Debate Roll Call Vote Vote by Clause Amend Debate & Caucusing The International Court of Justice only recognizes 2 types of debate: Formal Session: Formal debate takes place while the Court is sitting in formal session. Although, ICJ does not utilize a Speakers List, delegates may speak in any order, but must raise their placards to be recognized. The default speaking time is unlimited, unless otherwise noted. Justices may change the speaking time if necessary. Suspension of the Sitting: Informal debate may take place after the Court has approved a motion to suspend the sitting. However, Counsel and Justices may not interact during a suspension of the sitting.

12 Glossary Administration of the Oath: Oath given to each new Justice before they can serve on the ICJ. This is a standard judicial procedure for any court. The oath is a pledge to uphold certain professional standards before the law, such as impartiality and objectivity. Applicant: State that initiated the court case against the Respondent State. The Applicant may also be referred to as the Claimant or the Plaintiff during session. Convening the Court: The first stage of committee for ICJ. This is similar to bringing the committee to session. The administration of the oath, setting of the docket, discussion of preliminary opinions, and Counsel s final preparations take place during this stage. Close Deliberations: Motion by the Justices to close deliberations and begin writing the Judgment. Closing Arguments: Closing of Deliberations is similar to adjourning the committee session. This occurs at the end of the conference with a motion to Close Deliberations. Counsel: Represent state parties in Court cases before the ICJ. Counsel are like lawyers representing the plaintiff and the defendant. Each counsel will be assigned court cases and sides prior to appearing before the ICJ. Cross-Examination: Cross-Examination is when the opposing Counsel questions ( examines ) the witnesses of the presenting Counsel in order to undermine the opponent s case and strengthen one s own. The opposing Counsel has the option to motion to examine each witness, but this is not required. The Respondent Counsel is the opposing Counsel when the Applicant is presenting and vice-versa. Deliberation & Judgment: Seventh and final stage of committee for ICJ. During this stage, Justice consider all of the evidence, arguments, and testimony in process of debating the merits of the case, with the goal of reaching a simple majority consensus on the Court s Judgment. Following that, the Court will suspend the sitting in order to write the judgment. Dissenting Opinion: One or more Justices (less than half of the total number of Justices) who fundamentally disagree with the majority opinion are said to hold a dissenting opinion. There may be multiple dissenting opinions. During the Deliberation & Judgment stage, the Dissenting Justices should each write a short explanation of their position in lieu of a judgment. Docket: Contains the cases under consideration for ICJ, as well as the order in which they will be considered (as opposed to the General List of the Court). Expert Testimony: Witness Testimony. Testimony relevant to experts of the topic, rather than injured parties, eyewitnesses, etc. Extend: Motion by Counsel or Justices to grant a 15 minute extension for the presentation of the case or Justice questioning, respectively.

13 Evidence: Any written or visual materials presented in support of a case, or in opposition against the case of the opposing Counsel. HAMUN ICJ will recognize two types of evidence; original written memorials, and excerpts from relevant treaties and other sources. Formal Debate: Formal speech does not allow the use of personal pronouns, nor direct conversation or cross-talk between Justices and Counsel. Instead, comments must be addressed to the Dais. Counsel and Justices should address each other through formal language. General List of the Court: Contains all matters on the Docket for ICJ. Initial Deliberations: The fourth stage of the ICJ committee. Justices begin debate of the merits of the case taking into account their Preliminary Opinions, oral proceedings, evidence, and testimony; all in preparation for the Justice Questioning stage. Initial deliberations may take place either in Formal Session or during a suspension of the sitting with the Court. Informal Debate: Debate allowing everyday speech. This is only permitted during Suspension of the Sitting and between Counsel and Witnesses. International Court of Justice (ICJ): Principal judicial organ in the United Nations. Judgment: Final decision of the Court on the cases, according to the majority decision among Justices. The Written Judgment is the equivalent to the committee Resolution. Justice(s): Judges responsible for the passing judgment on each of the cases presented to the ICJ. Delegates will assume the roles of the Justices. The President and the Vice-president are not among the Judgment Justices in HAMUN ICJ. Justice Questioning: Fifth stage of the committee for ICJ. Using a round robin format, Justices may question Counsel in order to clarify issues, facts, or points of law during this stage Majority Opinion: Consensus held among a simple majority of the Justices for the judgment of the Court. The majority opinion is the basis of the Court s final judgment. Memorial: A simple summary of key parts of the Counsel s oral arguments, which may be submitted as evidence. Counsel may prepare additional Memorials to submit as further evidence if desired. Motion: A request made by a delegate to take place in the whole as a committee. Objection: Similar to a Point of Order in ICJ. Objections may draw attention to procedural mistakes, challenge leading questions to the witness, and address the Court when the opposing Counsel is presenting irrelevant information Opening Statements: Second stage of the committee for ICJ. The Applicant Counsel, followed by the Respondent Counsel, give opening statements that preview the evidence and highlight the major arguments and points of law that are contended. Opening statements are meant to support one s own case and counteract the case of the opposing Counsel. Preliminary Opinion: Preliminary opinion is simply a particular Justice s preliminary opinion on the case based on objective reading, research, and legal assessment of the issues in the case.

14 Presentation of the Case: Third stage of the committee for ICJ. The Applicant Counsel, followed by the Respondent Counsel, presents their full arguments to the Court. The presentation includes any evidence and witness testimony. Presentation of the Witness: Counsel presents a witness and questions him/her pertaining to the case. A witness may either be an expert on the case or a person affected by the events of the case by any means. Present the Witness: A motion made by the Counsel to present a witness for expert testimony. President/Presiding Justice: The Presiding Justice of the ICJ. The President is responsible for running the substantive aspects of the ICJ, including chairing the Court s proceedings for HAMUN. The Moderator will assume the role of President. Redirect: Motion by the presenting Counsel to continue examining the witness following a cross-examination. Registrar: Official keeper of records for the ICJ. The Registrar will assume all responsibilities of a committee Rapporteur. Request Remedy: Counsel Requests remedy from the Court at the end of closing arguments. A request for remedy is asking the Court to pass judgment on the case in favor of a Counsel s state. Respondent/Defendant: The Respondent is the state that receives the court case from the Applicant State. Rested: The completion of a Counsel s statement, speech or presentation. Round Robin: Format in the Justice Questioning stage in which each Justice consecutively has the opportunity to question either Counsel. The order of Justices proceeds in circular fashion, either clockwise or counterclockwise. State: Country, Nation. Straw Poll Vote: A Justice may motion for the Court to conduct a straw poll vote in order to get an unofficial census concerning a particular issue or question. The vote is non-binding. Suspend the Sitting: Allows the Court to enter informal debate. Counsel and Justices may not interact during this time. Vice-President: Justice who assumes all responsibilities of a Director on a standard committee. Witness Testimony: Verbal evidence that a Counsel may bring forth during the presentation of a case. Witness testimony may either be expert testimony, or testimony by someone personally affected by the case (whether an eyewitness or not).