Munist2014 Rop Icj

8/10/2019 Munist2014 Rop Icj

1/13


2/13

www.munist.org i

EDITION NOTICE

Published by Model United Nations Istanbul Secretariat in 2014 in Istanbul, Turkey

Inspired by Model Courts of Justice 2013 International Court of Justice Rules of Procedure, Model

United Nations Istanbul 2014 International Court of Justice Rules of Procedure and Justinianus

Moot Courts 2014 International Court of Justice Rules of Procedure.

This document is prepared for the use of interested persons worldwide and is open to the access of

everyone.

No part of this work may be reproduced without proper citation, whereas use of this document for

commercial purposes is prohibited. Neither reproductions of and direct quotations from this

document with proper citation nor distibution of this document for non-commercial purposes require

the consent of the publisher
http://www.munist.org/http://www.munist.org/


3/13

www.munist.org ii

TABLE OF CONTENTS

Section A. General Statements ................................................................................................... 1

Article 1: Duties of the Secretariat......................................................................................... 1

Article 2: Arbitration .............................................................................................................. 1

Article 3: Language ................................................................................................................ 1

Article 4: Credentials .............................................................................................................. 1

Article 5: Dress Code............................................................................................................. 1

Article 6: Statements by the Secretariat................................................................................. 1

Article 7: Electronic Devices .................................................................................................. 1

Article 8: Notes ....................................................................................................................... 2

Article 9: Quorum ................................................................................................................... 2

Section B: Composition of the Court......................................................................................... 2

Article 10: Composition......................................................................................................... 2

Article 11: President Judges (Presidents)............................................................................... 2

Article 12: Rapporteur............................................................................................................ 2

Article 13: Judges ................................................................................................................... 3

Article 14: Advocates ............................................................................................................. 3

Section C: Oral Proceedings before the Court........................................................................... 4

Article 15: Opening Statements .............................................................................................. 4

Article 16: Stipulations ........................................................................................................... 4

Article 17: Presentation of Evidence ...................................................................................... 5

Article 18: Questioning of the Advocates by Judges............................................................. 5

Article 19: Testimony of Witnesses....................................................................................... 5

Article 20: Rebuttal................................................................................................................ 6

Article 21: Closing Statements ............................................................................................... 6

Article 22: Judges Deliberations........................................................................................... 7


4/13

www.munist.org iii

Section D: Objections ................................................................................................................. 7

Article 23: General Provisions............................................................................................... 7

Article 24: Ambiguous........................................................................................................... 7

Article 25: Argumentative ...................................................................................................... 7

Article 26: Badgering............................................................................................................. 7

Article 27: Compound Question ............................................................................................. 8

Article 28: Hearsay ................................................................................................................. 8

Article 29: Immaterial............................................................................................................ 8

Article 30: Incompetent .......................................................................................................... 8

Article 31: Irrelevant.............................................................................................................. 8

Article 32: Leading Question................................................................................................. 8

Article 33: Nothing Pending ................................................................................................... 8

Article 34: Prejudicial ............................................................................................................. 8

Article 35: Speculation ........................................................................................................... 8

Section E: Verdict ...................................................................................................................... 8

Article 36: Conditions............................................................................................................ 8

Article 37: Components of the Verdict................................................................................... 9


5/13

www.munist.org 1

Section A. General Statements

Article 1: Duties of the Secretariat

The Secretariat shall receive, print and distribute documents, reports, and resolutions of the Committee

to the members of the United Nations or other international bodies, and generally perform all other

work that the Committee may require. For purposes of these rules, the Committee Directors, Deputy-

Secretary General, and Under-Secretaries-General who are designates and agents of the Secretary

General, are collectivelyreferred to as the Secretariat.

Article 2: Arbitration

Interpretation of the rules shall be reserved exclusively to the Secretary General or designated

members of the Secretariat. Such interpretation shall be in accordance with the philosophy and

principles of MUNIST, and in furtherance of its international mission.

Article 3: Language

English is the official written, spoken and working language of the conference. If a delegate wishes to

present a document in any other language, the translation of this document in English must be

provided to the Committee Director. The Committee Director will allow any such document to be

distributed within the committee upon the Directors discretion.

Article 4: Credentials

The credentials of all participants have been accepted upon registration. Actions relating to the

modification of rights, privileges, or credentials of any member may not be initiated without the

written consent of the Secretary-General. Any representative whose admission raises an objection by

another member will provisionally be seated with the same rights as other representatives, pending a

decision from the Secretary-General.

Article 5: Dress Code

The dress code is formal business attire. This is mandatory during all official sessions of the

Conference. If a delegate wishes to wear traditional attire as a reflection of the culture of the nation he

or she is representing, permission from the Secretariat must be granted to him/her.

Article 6: Statements by the Secretariat

The Secretary General or a member of the Secretariat designated by him or her may, at any time, make

either written or oral statements to the Committee.

Article 7: Electronic Devices

Usage of any electronic devices including laptops and cell phones during sessions is not in order

unless a specific permission is given by the committee directors.


6/13

www.munist.org 2

Article 8: Notes

Written notes are the means of communication between participants not recognized to speak. Notes are

to be distributed by the Administrative Staff present in each Committee. All notes must be in English

and if deemed necessary, the Presidents have the authority to suspend note-passing.

Article 9: Quorum

1. The quorum is met when two-thirds of the registered judges and one advocate for each Party is

present in each session.

2. The quorum shall be determined at the beginning of each session through a roll-call by the

Presidents.

3. Members who arrive to the sessions late shall pass note to the Presidents in order to be eligible to

participate in the proceedings.

Section B: Composition of the Court

Article 10: Composition

The Court is composed of two President Judges, one Rapporteur, two Advocates for each Party to the

case and thirteen Judges.

Article 11: President Judges (Presidents)

1. The Court will have two Presidents.

2. The Presidents will ensure the implementation of the Rules of Procedure as the chairs of the Court.

3. The Presidents shall vote along with and as equals to the Judges in each substantive and procedural

voting procedure.

Article 12: Rapporteur

1. The Rapporteur will be responsible for taking notes of court proceedings, arguments of the Parties,

substantive deliberations of the judges, testimonies of witnesses, and procedural decisions taken by the

Presidents. When needed, these notes will be used in deliberations and verdict writing.

2. The Rapporteur is not a judge; in other words, is not eligible to vote or participate in thedeliberations or vote in procedural matters.

3. The Rapporteur shall record the oaths of the judges, advocates and witnesses before the

commencement of the Court, the opening statements and testimonies respectively.

4. The oath for Judges shall go as follows:

I, Judge , solemnly declare that I will perform my duties and exercise my

powers as judge of the International Court of Justice honorably, faithfully, impartially and

consciously, and that I will respect the confidentiality of the deliberations.


7/13

www.munist.org 3

5. The oath for Advocates and witnesses shall go as follows:

I solemnly declare upon my conscious and honor that I will speak the truth, the whole truth

and nothing but the truth.

6. The Rapporteur is required to fully comprehend the case. During the proceedings the Rapporteur

may be consulted in this respect upon the motion of Judges during deliberations or the discretion of

the Presidents.

7. The Rapporteur will be the primary addressee of the Press Team of MUNIST 2014. Press will be

informed of the nature of deliberations through the Rapporteur. Yet, the Rapporteur is not allowed to

share substantive outcomes and conclusions of the Judges.

Article 13: Judges

1. Each Judge shall make the solemn undertaking in Article 12/5 before the commencement of theproceedings. Should any Judge refuse the undertaking, they will not be able to participate in the

proceedings.

2. Judges are responsible for determining the applicable law and reaching a verdict. The final

judgment of the Court will be written by the Judges and announced by the Presidents.

3. Each Judge shall have one vote in substantive and procedural votes.

4. Judges, with respect to the solemn undertaking, are expected to be impartial during the proceedings.

Should any Judge fail to do so; official warning from the President and the Secretariat will be in orderrespectively.

5. Judges may question the advocates or witnesses in the designated phases of the trial.

Article 14: Advocates

1. Each Advocate shall take the oath under Article 12/5. Should any Advocate refuse to do so, they

will not be able to participate in the proceedings.

2. Advocates represent the Parties to the case and are expected to defend their best interest, through

written memorials, presentation of evidence, questioning of witnesses, rebuttal of their statements, and

other methods of proof.

3. Advocates shall submit their memorials and counter-memorials to the Secretariat prior to oral

proceedings. The Secretariat and the Presidents shall ensure that the Judges are aware of the content of

the memorials.

4. Advocates of the Applicant Party shall carry the burden of proof. Should the Respondent Party

challenge an already acknowledged fact; the burden of proof shall be reversed.

5. Advocates are expected to abide by the Rules of Procedure. The official warning procedure for

judges recognized in Article 9/4 shall apply to the Advocates.


8/13

www.munist.org 4

6. Advocates will be required to submit their stipulations before the Court, after opening statements.

7. Advocates do not have the right to vote in procedural or substantive processes. They may raise

motions to alter speakers timeor appeal the Presidents decision in designated phases.They may raise

points of order, parliamentary inquiry and personal privilege. They are the primary addressees of

Section D of Rules of Procedure.

8. Advocates shall make all of their statements standing in front of the Court, during opening

speeches, presentation of evidence and witness testimonies and while answering questions from

directed by the Judges.

Section C: Oral Proceedings before the Court

Article 15: Opening Statements

1. After the solemn undertaking of the Judges and the oaths of the Advocates the Court shall proceed

with the opening statements by Parties.

2. Applicants shall be the first to make an opening statement followed by Respondents.

3. The opening speech shall briefly summarize the arguments of each Party mentioned in the written

proceedings and what they will pursue during oral proceedings.

4. The time allocated for opening statements will be determined by the presidents, equal for each Party

before the commencement of speeches. Immediately after its announcement; Advocates may raise a

motion to alter the speakers time once. Should the Court accept the motion, the speakerstime will be

altered for both Parties.

5. Opening speeches cannot be divided between advocates. One Advocate from each Party shall

deliver the speech.

Article 16: Stipulations

1. Following the opening statements, Parties will be dismissed from the Court Room to write a

stipulation, while Judges proceed with their first deliberation.

2. A stipulation is a written submission of Parties, containing the facts that they agreed upon. Such

facts referred in stipulations shall not be challenged during the upcoming stages of the oral

proceedings.

3. The stipulation must be presented before the Presentation of Evidence. Parties may fail to reach a

stipulation.

4. Stipulations must be signed by both Parties before it is presented to the Court.

5. The Presidents shall ensure the stipulations are known to Judges.


9/13

www.munist.org 5

6. Should a Party make a claim against the stipulation during any phase of the oral proceedings, an

objection of immaterial shall be in order.

Article 17: Presentation of Evidence

1. Bilateral or multilateral agreements, reports, resolutions of international organizations, news

articles, visuals, audio files or anything in essence that helps the Advocates to present their cases shall

be presented before the Court as evidence.

2. Presidents shall ensure that both Parties use the same amount of time during their presentations of

evidence.

3. Advocate team of each Party may prefer to divide the phase into two, for each advocate to take the

floor.

4. The opposing Party may raise an objection of immaterial pursuant to Article 29 or the Presidentsmay decide likewise. This decision must be announced to the Court and is subject to appeal by one of

the judges or advocates. The appeals will proceed in accordance with MUNIST 2014 Rules of

Procedure.

5. If a piece of evidence is deemed unacceptable, it can never be referred in the Court.

Article 18: Questioning of the Advocates by Judges

1. After the presentation of evidence, the Judges and the Presidents may ask questions to the

Advocates. The phase will be monitored by the President.

2. The Presidents may rule out any question or answer and the decision cannot be appealed.

3. The Judges may ask one question at a time, yet the number of questions per Judge will not be

limited.

4. There shall not be a certain time limitation for this phase; yet the Presidents, in accordance with the

flow of the discussions shall have the discretion to terminate it. The decision shall not be appealed.

5. One Advocate shall answer one question; intervention of the other Advocate shall never be

permitted. It is up to the Parties discretion to determine who will answer the question.

Article 19: Testimony of Witnesses

1. Witnesses shall be called upon by Parties to the Case with their identification and relevance to the

case confirmed by the Presidents. The witnesses shall be called upon by Applicants and Respondents

respectively.

2. Following the oaths of witnesses, the Court proceeds with the testimony of witnesses which is

composed of two parts: direct examination and cross examination.

3. During direct examination, Parties shall question their own witnesses. Parties are prohibited to ask

leading questions.


10/13

www.munist.org 6

4. To indicate that the direct examination is finished; the Advocates shall say your witnessdirecting

the opposing Party. The Presidents shall then give the floor to cross examination.

5. During cross examination, Parties shall question the witness called upon by the opposing Party. The

content of the questions shall be limited with the answers given or statements made during direct

examination. Any other question may be subject to objection on competence grounds or ruled out by

Presidents. Leading questions shall be in order.

6. To indicate that cross-examination is finished; the Advocates shall say no further questions

directing the Presidents. The floor shall then be open for questions of the Judges.

7. Following the cross-examination Judges may ask questions to the witnesses under Presidents

moderation. However, the content of the questions shall not be limited with the answers given or

statements made during direct examination.

8. There shall not be a certain time limitation for this phase; yet the Presidents, in accordance with the

flow of the discussions shall have the discretion to terminate it or warn Parties or Judges to conclude

the questioning. The decision shall not be appealed.

Article 20: Rebuttal

1. During rebuttal, Parties shall compensate for the lacking sections of their arguments.

2. Evidences presented, questions posed by the Judges and witness testimonies shall constitute the

content of rebuttal. Presentation of new evidence is strictly prohibited.

3. Time allocation shall be decided by the Judges, treating each Party equally.

4. Advocate team of each Party may prefer to divide the phase into two, for each advocate to take the

floor

5. Following the rebuttal, the Judges shall have the opportunity to question the Parties. Article 14

provisions shall apply to this phase.

Article 21: Closing Statements

1. Advocates shall make closing statements at the end of the presentation of their respective cases.

2. During the closing statements, Parties shall briefly summarize what they have proven during the

presentation of the case.

3. The Respondents will be the last to make closing statements.

4. Time allocation for opening statements shall apply to closing statements as well.

5. Closing speeches cannot be divided between advocates. One Advocate from each Party shall deliver

the speech.


11/13

www.munist.org 7

Article 22: Judges Deliberations

1. Judges deliberations are the periods embedded in between phases of the trial and judges discuss the

merits of the case in private.

2. Presidents shall dismiss Advocates and Press Team members in the Court prior to the

commencement of deliberations.

3. The deliberations shall follow the Rules of Procedure of MUNIST 2014 for rules governing debate

and points. However, Judges shall not be required to stand up during deliberations.

4. The length of the deliberations shall be determined by the Presidents. Judges may raise a motion to

alter the deliberation time. Any decision on the time allocated for deliberations by the Presidents shall

not be subject to any appeals.

Section D: Objections

Article 23: General Provisions

1. If any of the situations listed in this section emerges in a Party s actions or statements, as a general

rule, the opposing Party shall have the right to raise an objection stating its ground as listed below.

2. The outcome of the objections shall always be determined by the Presidents and unless otherwise is

provided below, the decision of the Presidents shall be final and not subject to appeal.

3. The Presidents shall announce the outcome of the objection as either granted or overruled. If an

objection is granted, the subject of the objection shall immediately be abandoned and removed from

Court records.

4. The Presidents, upon their own discretion, may consult the judges for granting or overruling the

objection.

5. Objections may interrupt the speaker.

Article 24: Ambiguous

During direct or cross examination, Parties shall ask precise questions. If the questions are vague or

confusing preventing the witness to give a proper answer, objections shall be in order.

Article 25: Argumentative

If Parties give statements during direct or cross examination instead of asking a question; objection

shall be in order.

Article 26: Badgering

During examination of witnesses, Parties must refrain from distressing the witness.


12/13

www.munist.org 8

Article 27: Compound Question

Parties may ask one question at a time. Should any Party combine multiple questions, objection shall

be in order.

Article 28: Hearsay

Parties may only ask for witnesss observations and experience. Should the questions concern any

information the witness has received from another source, objection shall be in order.

Article 29: Immaterial

An objection of immaterial may be raised if a Party presents any piece before the Court that aims to

prove some fact which lacks any logical connection with the consequential facts or whose authenticity

is not proven. The decision of the Presidents upon this objection is open for appeal by a judge or the

opposing Party.

Article 30: Incompetent

Where a speaker is requested to make a statement or assessment outside the scopes of their technical

knowledge or solely during indirect examination, outside the content of the direct examination,

competence objection may be raised by the opposing Party.

Article 31: Irrelevant

All asseverations of Parties shall be relevant to the case at hand.

Article 32: Leading Question

Leading question occurs when the only possible answer given to the particular question asked by anadvocate to the witness is either yes or no. Leading questions shall be prohibited during direct-

examination.

Article 33: Nothing Pending

Should a witness make a statement which does not answer the question asked during direct or cross

examination; the Party not questioning the witness may make an objection.

Article 34: Prejudicial

Should an assertion harm the personal integrity of a Court member, an objection may be raised by the

Court member whose integrity has been harmed.

Article 35: Speculation

Speculation occurs when a witness is asked to predict the possible outcome of a situation, theorizing

about them without their certain knowledge.

Section E: Verdict

Article 36: Conditions

1. Following the closing statements, Judges are expected to write a verdict on the merits of the Case.


13/13

www.munist.org 9

2. A verdict passes with the simple majority of the Judges. Abstentions shall not be in order.

3. Presidents shall announce the verdict of the majority with advocates present in the Court room and

the verdict shall be made public through the presence of Press Team.

4. Judges who are in the minority may submit their dissenting opinions in groups or individually.

5. Judges who are in the majority but have arrived the conclusion on different and/or additional legal

grounds may submit their concurring opinions in groups or individually.

6. Concurring and dissenting in part opinions shall be in order.

Article 37: Components of the Verdict

The verdict shall be composed of the following elements in order:

a. The date of the judgment

b. Names of Parties and Advocates

c. Majoritys Opinion

The names of the Judges authorizing the majoritys verdict

Statement of Facts (the summary of proceedings before the Court)

Submission of Parties (individually and mentioning stipulations if any has been

reached)

Applicable Law

Signature of the Judges in the Majority

d. Concurring Opinions (if there are any) with names and signatures of concurring

Judges.

e. Dissenting Opinions (if there are any) with names and signatures of dissenting

Judges.

Munist2014 Rop Icj

Documents

Transcript of Munist2014 Rop Icj