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Official Rules
The following represent
the official rules of the International Criminal Court Moot Competition
("Rules"). Rules may
be changed and all registered teams will be notified immediately.
The last date for rule changes will be announced shortly.
Rule 1.
The International
Criminal Court Moot Competition ("Competition") is an annual
international, inter-law school moot court Competition sponsored by Pace
Law School. The purposes of the Competition are to develop expertise in
international criminal law as practiced in the forum of the International
Criminal Court among law students, their faculty and coaches and
international law practitioners. It is hoped that over time, the
Competition will also serve to educate a wider public, here and abroad, in
the jurisdiction, procedures and substantive law, including the principle
of complimentarily, that will be utilized by the ICC in the prosecution of
individuals charged with War Crimes, Crimes against Humanity, and
Genocide.
Rule 2.
The Competition is
coordinated by the International Criminal Court Moot Board
("Board"), which is comprised of Pace students, their faculty
advisors, and the Pace Administration.
The Problem is prepared
by the Board and provided to each Team for its use in preparing for
participation in the Competition.
A.
Use in other competitions.
Schools
may not use the current Problem for intramural runoff competitions for the
current year’s International Competition. Schools may use the current
Problem, after completion of the International Competition, for intramural
competitions or other academic purpose, with appropriate attribution to
Pace.
B.
Questions about
the Problem.
The
Board will accept questions relevant to the Problem until July 31, 2007.
Rule 3. The Teams.
A.
Number and
composition of Teams.
Each
school may enter up to two teams ("Team"). Each team shall be
composed of two, three, or four students, all of whom must be registered law
students seeking a Juris Doctor degree (or its equivalent) and in
good standing at their respective schools at the time of memorial writing
and oral argument. Each team member must argue in at least one preliminary
round.
B.
If a team
chooses to participate with four students, one student must be designated
as a researcher and will not be eligible to participate in the
competition.
C.
Substitution of
Team members.
There
shall be no substitution of Team members after receipt of the Problem,
except for extreme hardship, upon written permission of the Board.
D.
If
interested, a school may send more than one team. Each must register
separately including registration fee, with prior approval from the
board.
Rule 4. The
Memorials.
A.
General.
Each
Team shall write three memorials; one for each position (Prosecutor,
Defense Counsel and Victim’s Advocate). The Team will argue all sides of
the Problem during the Competition’s preliminary rounds. Only the
members of the Team who will actually be arguing may participate in
writing the memorials. The use of the work product of any person other
than a Team member to prepare the memorials is strictly prohibited.
B.
Length and form
of the memorials.
1.
Format/Elements
of Style.
i.
Memorials shall
be no longer than fifteen (15) 8½ x 11 inch or A4 type pages, including
statement of facts, argument or discussion. Cover pages, tables of
contents, indices, lists of authorities or other material that does not
consist of facts, arguments or discussion does not count toward the page
total. No type smaller than 12 point may be used. Memorials should be
typed at 1 ½ line-spacing. All margins must be at least one inch or 2.5
cm. Reproduction of all copies must be full sized and clear.
ii.
Hard copies of memorials must be bound or stapled securely and should be
labeled clearly with the Team number and position (Prosecutor, Defense or
Victim’s Advocates) with no mention of the Team’s school name.
iii.
Citations must be in the text of the memorandum and not in footnotes or
endnotes. Citations in the text should refer to a List of Authorities in
which the full citation is given.
iv.
The List of Authorities should be in a form that is intelligible to all
who will read the memorial. Many of the readers will be from countries
other than the U.S. Account should be taken that the style of citation of
judicial decisions or articles in legal journals that is common in one
country may not be intelligible to participants in the Competition from
other countries.
2.
Each team submitting memorials in the Competition shall certify that such
memorial has been prepared in accordance with these Rules and that the
work product is solely that of the Team’s members. The certification
shall be bound or fastened in each memorial as the last page.
3.
Memorials served upon the Board shall be directed to:
Pace
Law School
International Criminal Court Moot
Attn: Prof. Matthew Brotmann
78 North Broadway
White Plains, New York 10603
USA
i.
Packages
containing memorials must bear a postmark or some indicia proving date of
mailing. The Team should maintain proof of mailing.
ii.
Memorials
postmarked with a date after September 6, 2007 will be subject to a
one-point deduction per day late.
iii.
Each team must
e-mail a copy of its memorials as an attachment by 11:59 PM (EST) on
September 6, 2007 to the Student Coordinator at
PaceICCMC@gmail.com.
The memorials will then be made available to the competitors on the
Competition’s web site.
4.
Revision of Memorials.
A
Team may not revise its memorial after the submission to the Board.
Rule 5. Scoring.
A.
Memorials
The
Pace International Law Review and a committee of international law
practitioners and/or judges shall score all memorials submitted and shall
select the best memorial for each party opponent in the Competition. The
average memorial score of the three memorials submitted by each Team shall
be used with the preliminary round scores to determine advancement to the
semifinal round.
B.
Preliminary
Rounds.
1.
Time and Place.
All
rounds of arguments shall be held on the campus of Pace Law School.
Preliminary rounds will take place on a schedule announced by the Board.
2.
Number of Arguments.
Each
Team will argue in three preliminary rounds; each Team will argue a
different party position each round. At the conclusion of the preliminary
rounds, the six (6) Teams with the highest total preliminary scores shall
advance to the semifinals.
3.
Ties.
Ties
shall be broken in favor of the Team that has the highest aggregate point
difference over its opponents in the three preliminary rounds. In the
event that tying teams have the same aggregate point difference over their
opponents, the tie shall be broken in favor of the Team having the highest
average memorial score.
4.
Scouting.
No
Team member or other person directly affiliated with any Team may attend
any Preliminary Round other than those in which their Team is
participating. Violation of this Rule should be brought to the attention
of the Board, without disturbing the Round in progress
C.
Semifinal and
Final Rounds.
The
semifinal and final rounds will take place on a schedule announced by the
Board. The six teams with the highest scores from the preliminary rounds
shall progress to the semifinal round. Each team progressing to the
semifinal round will be assigned the party that they are to represent
(i.e., Prosecution, Defense or Victim’s Advocate) as determined by a
random drawing by the Board. In addition, the three teams to argue in each
courtroom for the semifinal rounds will be determined by a random drawing
by the Board. The winning Team from each of the two semifinal courtrooms
shall automatically advance to the Final Round. The third Team to compete
in the Final round will be the Team with the highest score that did not
win the semifinal round in which it competed.
D.
Order, timing
and results of the arguments.
1.
Participants.
Any
two members of a Team may participate in any argument, but two members
must participate in each argument. In the case of a three-member Team,
each member must argue at least once during the preliminary rounds. Each
Team participant in each preliminary round will argue two issues. A Team
member not participating in an argument may be of counsel.
2.
Time allowed
for and order of arguments.
Oral
arguments shall be limited to a total of thirty (30) minutes per Team,
fifteen (15) minutes for each Team member. Judges, at their discretion,
may interrupt arguments to ask questions. Judges should treat each team even-handedly in this regard, i.e.,
not directing significantly more questions to one team than the other,
thus creating an imbalance of argumentation time. The order of argument
for each round shall be as follows:
a.
Prosecution (Team ‘A’ first team member)
b.
Victim’s Advocate (Team ‘B’ first team member)
c.
Defense (Team ‘C’ first team member)
d.
Prosecution (Team ‘A’ second team member)
e.
Victim’s Advocate (Team ‘B’ second team member)
f.
Defense (Team
‘C’ second team member)
3.
Final Round
a.
Sides to be argued for the final round will be decided by random drawing
thirty (30) minutes prior o the start of the final round.
b.
The order of argument for the final round may be changed if so requested
by the final round judges.
4.
Results
The
Best Oralist for each courtroom in the preliminary rounds will be
announced by the judges. The scores for each Team will not be announced,
but shall be determined by the judges without knowledge of the memorial
scores. The winning teams of each semifinal and final round will be
announced after that round. The list of winners for Best Oralist, Best
Prosecution Memorial, Best Defense Memorial and Best Victim’s
Advocate’s Memorial, as well as Runners Up in each category will be
announced at the end of the Competition.
5.
Pace
Law
School
may video or audio tape each round. If a team wishes not to be taped that
request should be made in writing and directed to the Board prior to the
Competition.
Rule 6. Faculty or
Other Assistance.
Although the students
should do all the research and writing of the memorials by themselves –
without assistance from anyone who is not a student member of the Team –
faculty advisors, coaches and others may help identify issues and comment
on the persuasiveness of arguments. The final product must be that of the
students – not their advisors. A certificate signed by each student
whose name appears on the registration form stating that no other person
other than a student Team member has participated in the writing of the
memorials must be submitted with the memorials as discussed above. Teams
shall receive no assistance with their memorials prior to submission to
the Board. Once filed, faculty are advised and encouraged to schedule as
many practice rounds of oral argument as possible prior to the actual
competition. Faculty coaches and others participating in this process are
free to comment on content of the oral arguments, style of argumentation,
etc.
Rule 7. Penalties.
A.
The Board may
assess such penalties, including disqualification, as it deems reasonable
and appropriate in its sole discretion for failure to comply with the
Rules or deadlines set pursuant to these Rules and any other Rules made
pursuant to Rule 9.
B.
All memorials
in the Competition shall be subject to uniform penalties for each type
violation; penalties may be levied in whole or fractional points (see
below).
C.
For the
following violations, Penalties will be assessed without discretion on the
part of the Board:
Non-Discretionary Memorial Penalties:
1.
Late submission
of memorials: 1 point per day
2.
Failure to
comply with formatting rules 3 points/violation
(e.g., incorrect font-size, improper up to a total of 15 pts. margins,
etc.)
3.
Substantive
legal argument outside the 5 points scope of the Problem
4.
Excessive Statement of facts 2 points
5.
Excessive length of Pleading (page limit) 2 points
Non-Discretionary Oral Argument Penalties:
1.
Improper Courtroom Communication 10 points
2.
Scouting 15
points
Discretionary Penalties:
1.
The Board may
assess up to fifteen (15) points for violations of these Rules not
specifically listed under Non-Discretionary Penalties. The size of the
Penalty shall correspond to the degree of the violation in the judgment of
the Board. Activities subject to Discretionary Penalties include but are
not limited to:
-
engaging in poor sportsmanship;
-
submitting multiple frivolous complaints against other Teams;
-
engaging in inappropriate behavior at counsel table during oral rounds;
-
engaging in inappropriate discussion with oral pleading judges prior to
submission scores at the end of a Round; and,
-
exhibiting blatant disregard for the procedures or requirements outlined
in the Rules.
2.
Teams shall
bring potential violations to the attention of the Board in writing.
3.
The Board shall
notify Teams of the imposition of such Penalties prior to the beginning of
the Preliminary Rounds, if possible, or as soon as practicable if incurred
after the beginning of the Preliminary Rounds.
D.
The Board shall maintain a record of the penalties imposed pursuant to
this Rule for at least six (6) months.
Rule 8.
Interpretation of the Rules.
Requests for
interpretation of these Rules should be addressed to the Board at the
address above or via e-mail to
PaceICCMC@gmail.com.
Request should be made at the earliest date possible. All interpretations
of the Rules and any waivers, consents, assessments of penalties,
decisions or other actions taken by the Board in its administration of the
Competition shall be in its sole and absolute discretion and all
participants shall be bound thereby.
Rule 9. Other Rules.
The Board may from time
to time make any other rules and procedures deemed advisable for the
conduct of the Competition, in its sole discretion.
Additional Notes
1.
The official version of the Rules, Problem and any other document of the
Competition is the version distributed by the Competition in hard copy
form. Any reference to Competition documents, such as page citations in
memorials, should be to the official version.
2.
Memorials will be scored on the following basis: thoroughness of research,
depth of analysis, and persuasiveness shall represent eighty-five percent
(85%) while format, citation, spelling, punctuation and grammar shall
represent fifteen percent (15%).
3.
The average memorial score shall consist of the sum total score for each
memorial divided by three.
4. Should
the need for a bye arise, a team comprised of Pace Law School students
will be utilized. In the event that no Pace Law team is available, a team
selected by random drawing will receive a bye. No team shall receive more than one
Bye throughout the competition. In order to avoid the need for a bye, Pace
may add a Team for purposes of oral argument.
5. Form
of Certification: teams should use the following text in format for their
Certification Forms:
Certification
We hereby certify that
the memorial for ____________ Law School is the product solely of the
undersigned and that the undersigned have not received any faculty or
other assistance, other than that allowed for in the Rules, in connection
with the preparation of this memorial.
___________________
Team member
___________________
Team member
___________________
Team member
___________________
Team member
Date:
___________________
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