Commonwealth Moot Court on International Criminal Justice June 2014

a. The present rules (hereinafter ‘Rules’) govern the 2014 Commonwealth Moot Court Competition on international criminal justice (hereinafter ‘Competition’), organised by the Commonwealth Secretariat (hereinafter ‘the Secretariat’).

b. All phases of the Competition shall be held in the English language.

Article 2 - The Rules

a. All participants shall be subject to the Rules. The Secretariat reserves the right to interpret and amend the provisions contained in the Rules whenever necessary.

b. Any amendments to the Rules will be communicated to the Coordinators through email by the Secretariat.

Article 3 - Aim of the Competition

Through this Competition, the Secretariat endeavours to promote and advance students and young lawyers (participants)’ understanding and knowledge of international criminal law and the procedures of the International Criminal Court and other international tribunals.

The Competition also seeks to strengthen the scope and features of international criminal justice by introducing participants to international criminal law, its case law and its institutions.

Article 4 - Organisation

a. Each participating country will nominate a national coordinator (hereinafter ‘the Coordinator’) who will be the contact point for the Secretariat.

b. The Competition will be held in London, United Kingdom, under the auspices of the Secretariat.

c. The Secretariat may delegate particular responsibilities related to the organisation of the Moot Court.

d. The Secretariat shall appoint the selection panel for the memorials and the judges and assessors for the hearings of the Competition. Any decision taken by the Secretariat is final and without appeal

Chapter 2: General Structure of the Competition

Article 5 - Structure

Participants shall act as parties in a hypothetical case before the International Criminal Court by presenting written memorials and arguing the closing statements. The Competition shall have two (2) separate and consecutive phases: a written phase (the memorials) and an oral phase (the hearings). Each shall be marked independently. The memorials and oral pleadings shall reflect each participant's knowledge of international criminal law, as well as relevant case law of the International Criminal Court and other international tribunals.

Selection of participants for the oral presentation (the hearings) is determined by the selection panel based on the assessment of the memorials

Article 6 - Participation

a. The following countries are entitled to participate in the first phase of the Competition and to nominate six (6) students each to participate in the memorials phase: Botswana, Ghana, Kenya, Nigeria, Sierra Leone, South Africa, Tanzania, Uganda and Zambia.

b. For the purposes of the memorials, each country must nominate six (6) students, three (3) of which will submit memorials for the Prosecution and three (3) to submit memorials for the Defence.

c. Only undergraduate and postgraduate law students who are, as of the date of opening of registration as set out in Article 7(a), actively enrolled on a full-time basis at a recognised university in their respective nominating countries referred to in sub-Article (a) of this article are eligible to participate.

Chapter 3: Administrative Provisions

Article 7 - Registration

a. Registration for the Competition will open at 9:00 a.m. London time on Monday 27 January 2014.

b. Participants shall register by sending a confirmation e-mail to the Coordinator of their respective countries from Monday 27 January 2014 at 9:00 a.m. London time.

c. For administrative purposes, the registration particulars shall include the following:

1. Name;

2. University;

3. Year of study;

4. Contact details (telephone) (email) (postal address);

5. Country of origin;

6. Proof of full-time enrolment in a law programme in a recognised university in their country.

Article 8 - Participant Registration Number

a. Each participant shall be assigned an anonymous number (hereinafter ‘Registration number’) by the Secretariat prior to submission of their memorial. The participants’ personal details shall not, in any instance, be revealed to the selection panel of the memorials or the judging panel of the hearings before the end of the Competition, when the results of all awards are finalised.

b. The allocated Registration number shall be communicated to each participant by the Secretariat through the Coordinator.

c. Each participant shall be identified by the Registration number throughout the Competition.

Chapter 3: Written Phase - the Memorials

Article 9 - Submission of the Memorials

a. All participants must submit their memorials to their Coordinator by Friday 28 March 2014.

b. The Coordinators will submit the participants’ memorials to the Secretariat as soon as they receive them but no later than Friday 4 April 2014.

Article 10 - Identification in Memorials

a. Each participant should only include their unique Registration number provided by the Secretariat in accordance with Article 8.

b. The following information should not be included in the memorials:

i. The name of the participant;

ii. The country of the participant;

iii. University of the participant.

c. In the interests of fairness, the Secretariat shall delete any references to participants’ details other than the Registration number before the memorials are sent to the selection panel.

Article 11 - Memorial Format

a. The document of the memorial must be submitted in accordance with the following requirements:

i. In electronic format on A4 pages;

ii. Each page margin shall be of at least 2 cm on each side;

iii. The pages must be continuously numbered, with the exception of the front cover which shall have no number.

b. The main body text of the memorials should be presented in the following format:

i. In Times New Roman font style, size 12.

ii. The text of the memorial must be 1.5 spaced;

iii. Headings and subheadings of more than one line in length must be single spaced.

c. The footnote text of the memorial should be presented in the following format:

i. In Times New Roman font style, size 10;

ii. The spacing in each footnote must be single. The spacing between footnotes must be 1.5;

iii. Participants can select a referencing style of their choice, however, the style should be consistent throughout the memorial;

iv. All sources referred to in the footnotes must be included in the index of authorities;

v. The footnotes must clearly identify the source documents and should only include the citation itself. Sources may be abbreviated within the footnotes, but they need to be elicited in full, either in the footnote itself or in the index of authorities.

Article 12 - Word Limit

a. Memorials must not exceed a maximum length of ten thousand (10,000) words, inclusive of footnotes, statement of facts, issues, summary of arguments, submissions and any optional annexes.

The front cover, title page, table of contents, list of abbreviations and index of authorities are also included in the word limit.

b. Any words that exceed the limit in Article 12(a) will be ignored by the judges.

Article 13 - Order of Content

a. Memorials must be presented in the following order:

i. Front cover;

ii. Title page;

iii. Table of contents;

iv. List of abbreviations;

v. Index of authorities (list of sources);

vi. Statement of facts;

vii. Issues;

viii. Summary of arguments;

ix. Written arguments;

x. Submissions;

xi. Optional: Annex (maximum two (2) pages); and

xii. Back cover

b. Each violation of this article shall be sanctioned with two (2) penalty points.

Article 14 - Front Cover Requirements

a. The front cover shall comply with the sample provided in Annex 1 of these Rules.

b. Violations of this article shall be sanctioned with a maximum of three (3) penalty points.

Article 15 - Scoring of Memorials

a. A selection panel appointed by the Secretariat shall score the participants’ memorials.

b. Scores are awarded out of a maximum of one hundred (100) points.

c. As determined by the Secretariat, scores are awarded for:

i. Understanding of the facts and identification of the relevant legal principles

ii. Articulate analysis of the issues

iii. Use of authorities and citations

iv. Clarity

v. Persuasiveness

vi. Logic and reasoning

vii. Grammar and style

Article 16 - Selection of Participants Proceeding to the Hearings

a. The memorials with the two (2) highest scores per country shall be selected to proceed to the hearings. The scores are based on the criteria set out in Article 15.

b. The selection shall be based entirely on the score obtained. It is irrelevant whether the participants submitted a memorial for the Defence or the Prosecution in accordance with Article 6(b).

c. In the event that less than two (2) memorials from each country meet the minimum standards of quality, the provisions of sub-Article (d) of this Article shall apply.

d. In the event provided for in sub-Article (c), the next highest scoring participant, irrespective of their nominating country, shall proceed to the hearings.

e. In the event that a selected participant withdraws from the competition between the memorials and the hearings, the next highest scoring participant from the same country shall be selected as a replacement. Where the next highest participant cannot be selected due to the circumstances foreseen in sub-Article (c) of this Article, selection of a replacement participant shall proceed on the basis of the procedure established in sub-Article (d) of this Article.

Article 17- Notification of Participants Proceeding to the Hearings

a. Each participant selected in the memorials shall be notified by the Secretariat through the Coordinator of the time of participating in the hearings and other essential information.

b. The Secretariat, through the Coordinator, shall also inform the participants of their team configuration for the first round of the hearings in accordance with the provisions of Article 21 and Article 22, and shall provide the contact details of their team members. Team members may communicate with one another.

Article 18 - Late Delivery of Memorials

a. Should a memorial be submitted after the allocated deadline for submission, it will not be considered for the purposes of the Competition.

b. Participants will not be permitted to revise their memorial once the deadline has passed.

Article 19 - Plagiarism

Plagiarism in memorials will be sanctioned with disqualification of the participant.

Chapter 4: Oral Phase: the Hearings

Article 20 - The Hearings: General Provisions

a. The hearings of the Competition shall take place in London.

b. The hearings shall have three (3) rounds.

c. The schedule for the rounds shall be communicated to the participants by the Secretariat through the Coordinator as early as is practicable.

d. During the hearings, participants shall compete as part of a team but shall be judged on an individual basis, in accordance with the provisions of Article 21, Article 22 and Article 37.

e. The hearings shall be judged by a panel of judges (hereinafter ‘the Bench’).

Article 21 - Round 1 – Structure

a. In the first round, three (3) hearings shall take place before the Bench, one round for each of the groups identified in Article 22(a). The teams in each group shall argue the case against each other.

b. Although the participants shall present their case in teams, each participant shall be marked on an individual basis according to the criteria set out in Article 37.

c. Teams are expected to present a cohesive case and points shall be allocated for the coherent presentation of the whole case in accordance with Article 37(b) (viii).

Article 22 - Round 1 – Team Composition

a. Following the selection of the participants for the hearings by the selection panel, the Secretariat shall, subject to article 16, place the participants into the following three (3) groups of six (6) persons each:

i. Group 1: Ghana, Nigeria, Sierra Leone

ii. Group 2: Kenya, Tanzania, Uganda

iii. Group 3: South Africa, Botswana, Namibia

b. The Secretariat shall further divide the participants in each group into two (2) teams; the first team of three (3) participants shall act for the Prosecution and the second team of three (3) participants shall act for the Defence.

c. Participants may be required to argue for the opposing side to that for which they submitted the memorial.

d. In the event described in Article 16(c), the Secretariat shall place the participant selected in accordance with Article 16(e) in the group of the country which they are replacing and not in the group of the original nominating country.

e. The participants shall be notified who their team members are and which side they will be representing in the first round immediately upon notification of selection in accordance with Article 16. They are encouraged to enter into communication with their teammates in order to prepare for Round 1 of the hearings phase.

Article 23 - Progression to Round 2

a. Participants shall be judged by the Bench according to the scoring criteria established in Article 37.

b. The twelve (12) participants with the highest individual scores shall proceed to Round 2 of the hearings.

Article 24 - Round 2 – Structure

a. In the second round, three (3) hearings shall take place before the Bench in accordance with the pairing structure identified in Article 25 (b).

b. Although the participants shall present their case in teams, each participant shall be marked on an individual basis according to the criteria set out in Article 37.

c. Teams are expected to present a cohesive case and points shall be allocated for the coherent presentation of the case in accordance with Article 37 (b) (viii).

Article 25 - Round 2 – Team Composition

a. In the second round of the hearings, the participants shall argue before the Bench in teams of two (2).

b. The pairing of the teams shall be carried out according to ranking of scores in the first round as follows:

i. Hearing 1 – Team for the Prosecution: 1^st and 12^thplace

ii. Hearing 1 – Team for the Defence: 2^nd and 11^th place

iii. Hearing 2 – Team for the Prosecution: 3^rd and 10^th place

iv. Hearing 2 – Team for the Defence: 4^th and 9^th place

v. Hearing 3 – Team for the Prosecution: 5^th and 8^th place

vi. Hearing 3 – Team for the Defence: 6^th and 7^th place

Article 26 - Progression to Round 3

a. Participants shall be judged by the Bench according to the scoring criteria established in Article 37.

b. The six (6) participants with the highest individual scores shall proceed to Round 3 of the hearings.

Article 27 - Round 3 – Structure

a. In the third round, one (1) hearing shall take place before the Bench.

b. Although the participants shall present their case in teams, each participant shall be marked on an individual basis according to the criteria set out in Article 37.

c. Teams are expected to present a cohesive case and points shall be allocated for a coherent presentation of the case in accordance with Article 37(b).

Article 28 - Round 3 – Team Composition

a. In the third round of the hearings, the participants shall present their case in teams of three (3).

b. The grouping of the teams shall be carried out on the basis of the ranking of scores in the second round as follows:

i. Team for the Defence: 1^st, 3^rd and 6^th place

ii. Team for the Prosecution: 2^nd, 4^th and 5^th place.

Article 29 - Appearance

a. Each team may appear before the Bench for up to fifteen (15) minutes before the start of the scheduled hearing time.

b. At the scheduled time of the hearing, should any of the sides fail to appear, the hearing will proceed on an ex parte basis.

c. In the event that an individual participant fails to appear at the scheduled time of the hearing, the participant’s team shall be permitted to present their case before the Bench in the absence of the missing team member.

d. The fact that a participant is absent from the hearing shall not, in itself, prejudice the other team members. The team is, however, expected to address the key issues in the case irrespective of the fact that a team member may not be present.

Article 30 – Speaking before the Bench

a. Each participant will speak according to the time allocated under Article 32.

b. Verbatim reading of the memorials during the hearings is strictly prohibited and will be penalized.

Article 31 - Communication

a. During the hearings, any form of communication between the participants and third parties is strictly prohibited.

b. Violations of sub-Article (a) shall be sanctioned with twenty (20) points penalty.

Article 32 - Speaking Time

a. The speaking times allocated to the participants shall be as follows:

i. Presentation by the Prosecution: up to fifteen (15) minutes each

ii. Presentation by the Defence: up to fifteen (15) minutes each

iii. Rebuttal by Defence Counsel: up to ten (10) minutes each

iv. Rebuttal by the Prosecution: up to ten (10) minutes each

b. Each member of the teams should speak for an approximately equal period of time. It is each team's responsibility to organise their presentations accordingly.

c. In order to ensure that individuals are not prejudiced by team members who may over-run their allocated presentation time, teams shall inform the Bench of the speaking time which has been allocated to each member of the team at the beginning of the presentation.

d. Upon the termination of the determined speaking time for each individual speaker, the participant may request the Bench for additional time in order to finalise their argument. If additional time is granted by the Bench, this will not impact on the speaking time of other members of the team.

Article 33 - Bench Composition

a. The Bench in the first and second rounds of the hearings shall be composed of one (1) judge.

b. The Bench in the third round of the hearings shall be composed of three (3) judges.

c. The judges shall be appointed by the Secretariat and shall have knowledge and experience in the fields of international criminal law, international human rights law, public international law, and/or criminal law. All Bench members will be fully briefed on the issues presented.

d. Bench members should not express any individual opinion about the participants or the arguments during the period of the Competition.

e. During the hearings, the Bench shall ensure respect for the Rules.

f. The Bench shall assess the participants on the basis of the criteria laid out in Article 39. The Bench members are encouraged to intervene during the hearings with questions intending to assess the knowledge and the preparation of the participants.

g. The Bench will follow its own rules of procedure within the framework of accepted norms of judicial practice.

h. The Bench shall have the power to rule on any questions of doubt or dispute in the procedure in the hearings.

i. The Bench shall determine any points of fact that may arise during the hearings on the basis of the elements established and set out in the case problem.

j. To facilitate a ranking of the participants and avoid the situation of a tie, the grades given to each participant by the Bench during the hearings shall not be the same.

Article 34 - Bench Decision

a. Where the Bench is composed of more than one member, every decision will be taken by majority vote.

b. All decisions of the Bench shall be final and without appeal.

c. The Bench shall mark the oral arguments in accordance with the scoring criteria provided for in Article 37.

Article 35 - Role of Assessor

The Bench for each round is composed of one (1) or three (3) judges as set out in Article 35 and they may be assisted by an assessor.

Article 36 - Role of the Bench Clerk/Bailiff

a. The Bench clerk/bailiff is nominated by the Secretariat.

b. The Bench clerk/bailiff is responsible for:

i. Collecting of the score sheets and delivering them to the Secretariat;

ii. Briefing and advising the Bench on the Rules of Procedure contained herein;

iii. Maintaining order during the hearings;

iv. Timekeeping.

Article 37 - Scoring of the Hearings

a. Scores are awarded out of a maximum of one hundred (100) points.

b. As determined by the Secretariat, scores are allocated for:

i. Knowledge of facts and legal principles

ii. Articulate analysis of the issues

iii. Use of authorities and citations

iv. Response to Questions

v. Clarity and ability to summarise

vi. Persuasiveness

vii. Logic and reasoning

viii. Team work and coherence of case presentation

ix. Eye contact, appearance and mannerisms

x. Voice projection and confidence

xi. Observation of time limits

Article 38 - Respect for the Court and Penalisation of Inappropriate Behaviour

a. Each participant shall maintain the fullest dignity and decorum not only in the courtroom but during the entire Competition.

b. Each participant shall dress in a manner appropriate for a formal courtroom.

c. Each participant shall address the Bench in a respectful manner.

d. Inappropriate behaviour displayed by any observers of the Competition will result in being escorted out of the Competition venue.

Article 39 - Scouting

a. Scouting is forbidden at all times during the Competition.

b. Scouting comprises the following acts:

i. Where participants attend a hearing in which they are not participants;

ii. Where participants or spectators discuss with or pose questions of substantive issues of international criminal law to the judges.

c. Violations of this article may result in disqualification of the participants knowingly involved. A participant’s disqualification is final and irrevocable.

Article 40 - Grounds for Disqualification

a. Plagiarism at any stage of the Competition will result in the immediate disqualification of the participant. This rule shall apply even where plagiarism is discovered after the completion of a particular round where the participant has been successful.

b. Scouting with the collusion or prior knowledge of the participant shall result in the participant’s immediate disqualification.

c. Inappropriate behaviour or blatant disregard for the procedures may result in the disqualification of a participant

d. Failure to appear at the scheduled time of hearing may result in the immediate disqualification of the participant.

e. The Secretariat reserves the right to disqualify a participant who engages in any other form of gross misconduct.

f. The decision to disqualify shall be taken by the Secretariat and shall be final and without appeal.

Chapter 5: The Awards

Article 41 - Categories of the Awards

a. Awards will be given by the Secretariat after the final round of the hearings to the three individuals who have received the highest scores.

b. Each participant shall receive a certificate of participation.

Annex 1

COMMONWEALTH MOOT COURT COMPETITION

ON INTERNATIONAL CRIMINAL JUSTICE

2014

THE SITUATION IN THE CASE OF

THE PROSECUTOR v. JUPITER

WRITTEN MEMORIAL ON BEHALF OF

THE PROSECUTION/THE DEFENCE

Counsel Registration Number:

Tuesday, January 28, 2014

Rules of Procedure for the Commonwealth ICJ Moot

Rules of Procedure

Article 4 - Organisation

Article 5 - Structure

Article 6 - Participation

Chapter 3: Administrative Provisions

Article 7 - Registration

Article 8 - Participant Registration Number

Chapter 3: Written Phase - the Memorials

Article 9 - Submission of the Memorials

Article 10 - Identification in Memorials

Article 11 - Memorial Format

Article 12 - Word Limit

Article 13 - Order of Content

Article 14 - Front Cover Requirements

Article 15 - Scoring of Memorials

Article 16 - Selection of Participants Proceeding to the Hearings

Article 17- Notification of Participants Proceeding to the Hearings

Article 18 - Late Delivery of Memorials

Article 19 - Plagiarism

Article 20 - The Hearings: General Provisions

Article 21 - Round 1 – Structure

Article 22 - Round 1 – Team Composition

Article 23 - Progression to Round 2

Article 24 - Round 2 – Structure

Article 25 - Round 2 – Team Composition

Article 26 - Progression to Round 3

Article 27 - Round 3 – Structure

Article 28 - Round 3 – Team Composition

Article 29 - Appearance

Article 30 – Speaking before the Bench

Article 31 - Communication

Article 32 - Speaking Time

Article 33 - Bench Composition

Article 34 - Bench Decision

Article 35 - Role of Assessor

Article 36 - Role of the Bench Clerk/Bailiff

Article 37 - Scoring of the Hearings

Article 38 - Respect for the Court and Penalisation of Inappropriate Behaviour

Article 39 - Scouting

Article 40 - Grounds for Disqualification

Article 41 - Categories of the Awards

Annex 1

COMMONWEALTH MOOT COURT COMPETITION

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