rules of procedure for the international court of justice for iusmun 2011

8/3/2019 Rules of Procedure for the International Court of Justice for IUSMUN 2011

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RULES OF PROCEDURE FOR THE INTERNATIONAL COURT OF

JUSTICE

Rule 1. Scope1.1 This Rules of Procedure shall guide the hearings and debates of the

International Court of Justice.

1.2 In case of doubt or conflict between this Rules of Procedure and any

other procedural regulation laid down in either the Charter of the United

Nations, or the statute of the International Court of Justice, these Rules

shall prevail. The chair shall have the final word in every case.

Rule 2. Language

2.1 English shall be the official working language for the Hearings. All

Arguments and relevant documents are to be presented in English,

including the initial briefs (Memorial and Counter-memorial) submitted by

the parties. Any document presented to the Court in a language other than

English, must be provided along with an official translation by the

submitting party. The same applies to testimony and cross-interrogations

of witnesses or experts.

Rule 3. General issues

3.1 The Secretary General, or any member of the staff recognized as a

representative of the Secretary General, may at any time address the

Court.

3.2 The Secretary General shall appoint the president and other officers

of the Court in advance of session, and they shall hold office until theclosing of the conference.


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Rule 4. Courtesy

4.1 All Officers, Justices, Agents, Witnesses, Experts, and Friends of

the Court" shall show courtesy and respect to the Officers of the Court and

to each other. The President shall immediately call to order anyone whofails to comply with this rule.

Rule 5. Structure of the Court

5.1 GENERAL POWERS OF THE PRESIDENT

5.1.1 The President will direct the debates of the International Court of

Justice. The Presidents duties include, but are not limited to, opening and

closing session; calling the parties to a dispute to present their arguments

during a hearing; and making the recommendations necessary to ensure

fair procedure for all of the parties to a dispute.

5.1.2 The President shall have the final decision over any conflict of

procedure. If a dispute shall arise over a procedural point, the President

shall consult with the Chair, and afterwards rule on the particular matter.

5.1.3 All judgments must be approved as to form and content by the

President prior to introduction. The Presidents decision not to approve a

judgment is not subject to appeal.

5.1.4 The President may, in any moment, transfer the duties of

Presiding officer to the Vice-President or Registrar.

5.2 GENERAL POWERS OF THE VICE-PRESIDENT

5.2.1 The Vice-President shall assist the President in its duties, keeping

a record of the hearings.

5.2.2 The Vice-President shall be the Moderator of the hearings anddebates. The Vice- President can take procedural decisions while

moderating debate.

5.2.3 In the case that a dispute over the Rules of Procedure should

arise, the Vice- President will consult with the Chair.


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5.2.4 In the case of absence of the President, the Vice-President shall

assume the duties of presiding officer, and shall be considered Acting

President.

5.3 GENERAL ATTRIBUTIONS OF THE REGISTRAR

5.3.1 The Registrar shall be responsible for the upkeep of the Registry of

the Court.

5.3.2 The Registrar shall issue classification numbers for all documents

and pieces of evidence submitted by the parties, so that the Court may

identify them fully during final deliberation of a Case.

5.3.3 The Registrar shall also be responsible of preparing a brief report

of the hearings, that shall be presented to the Justices at the beginning of

the next hearing or session, to be included in the Courts case file, when a

final decision is passed.

5.4 INTERVENTIONS BY COURT OFFICERS

5.4.1 Any officer of the Court may advise the Justices as to the possible

course of debate. In every moment of the exercise of the aforementioned

functions, the Officers of the Court shall be subject to the decisions of the

Secretary-General.

5.5 JUDGES

5.5.1 The function of the judges is to decide disputes brought before the

ICJ by states. In this function, they are bound to follow article 38 of the

Statute. Judges will take an oath before starting their first hearing as

members of the court.5.5.2 Where one or more of the parties to the case pending, does not

have already a member of their same nationality on the court, they may

choose a judge under Article 31 of the Statute. The Court may sit with a

number of justices exceeding fifteen. Ad hoc justices shall have the same


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rights as those of full members for the duration of the pending case. Ad-

hoc justices must take an oath of office before their first hearing as

members of the court.

Rule 6. Procedure

6.1 QUORUM

6.1.1 The President may declare the Court in session and permit debate

to proceed when at least seven of the judges are present. The presence of

nine judges shall be required for any vote on a judgment. A quorum shall

be assumed to be present unless specifically challenged and shown to be

absent. Roll call is never in order to determine the presence of a quorum.

6.2 PRE-HEARING ISSUES

6.2.1 The work of the ICJ will be distributed in hearings that will be

notified by the Presidency of the court in advance of session

6.2.2 States will be represented during the proceedings by Agents and

Counselors. An Agency will consist of one agent and up to two counselors.

Extraordinarily, the court may allow a single Agent to present a case.

Agents and counselors have equal standing as state representatives before

the Court.

6.2.3 During the proceedings, the State demanding satisfaction arising

from an obligation will be identified as Applicant. The counterpart that

shall answer the demands will be identified as Respondent. The Registrar

shall identify the parties as such in advance of session.

6.2.4 Hearings for the cases pending before the court will be announced

within a reasonable time before the first hearing to the Agencies, so that they may prepare their defense of the case. The Court shall provide

Information including the facts of the case, and a brief outline of the legal

issues to be addressed by the agencies.


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6.2.5 Based on the information given by the Court, Agents for the States

will have to deliver a Memorial to the court. The Memorial submitted must

include an interpretation of the FACTS that originated the dispute; a brief

explanation of the LAW involved, and ARGUMENTS on the legal issues;concluding with a PRAYER FOR RELIEF, which is a list of the petitions

made to the court.

6.2.6 A dispute before the court will be considered open as soon as the

Memorial for the Applicant state is received. For the case to proceed, both

Agencies must hand in their Memorials no later than the day of the first

hearing.

6.2.7 Times for the hearings will be set beforehand and announced by

the Court. Hearings shall always conclude with a set time for a Retirement.

As soon as the set time for retirement expires, the President will declare

the hearing closed.

6.3 MOTIONS

6.3.1 During the proceedings, Agents may present motions. Motions are

petitions filed by the agents asking for a particular action, or recognition of

an action, on behalf of the court. If both of the parties agree on a motion,

the court may allow it immediately. If there was disagreement over a

motion, Agents will be allowed a very brief opportunity to explain the

motion, and speak in favor or against the motion. The chair will then call

for a vote in favor or against the motion. Only Justices, including Ad-hoc

judges, may vote on a motion.

6.3.2 Motions can refer to modifications of internal procedure, to

admittance or dismissal of evidence, admissibility, and other essentialissues. Motions can also object any irregularity of procedure detected by

the Agents, in which case they must petition the court to take a particular

course of action to correct such irregularity.


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6.3.3 Motions can be overruled by the chair. At the discretion of the

court, a motion can be delivered by the Agency in either oral or written

form.

6.3.4 Agents may motion to dismiss a Witness or piece of evidence whenthey consider that there are insufficient grounds to sustain it as valid.

Agencies must present the written motion immediately after the evidence

or witness has been introduced. Agents will then be allowed 30 seconds to

speak in favor or against the dismissal of the evidence, with equal

opportunity allowed to both parties. The motion will then be put to

immediate vote.

6.3.5 Justices or Agents may at any time present a motion for an

informal survey on any point of fact or law on which he wishes to know the

Courts opinion. However, Justices may object to such poll. The President

will consider the objection, and using his discretion, will rule on the

motion subject to an appeal.

6.3.6 A Recess can be called during session to postpone the hearing for

a number of minutes to allow an Agency to prepare arguments, evidence or

a witness for introduction. Recess must be introduced as a motion, and

shall be put to vote of the Justices. The Majority of the Justices is needed

to approve a Recess. If Recess is approved, both Agencies must leave the

room. During recess, contact between Justices and Agents is absolutely

prohibited.

6.4 PETITION FOR INTERVENTION

6.4.1 A third party nation or international organization may before the

close of initial debate present a petition to submit evidence or testify. ThePresident shall at some point during the initial debate place such a request

to a vote; a majority of justices present is needed to pass. If the motion

carries, the third party shall be invited to give evidence or testimony, as


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the case may be, as a friend of the Court. A justice must sponsor the

third partys motion for a vote on intervention.

6.5 POINTS OF PROCEDURE6.5.1 A Justice or Agent may rise a POINT OF PERSONAL PRIVILEGE

whenever a personal discomfort impairs his or her ability to participate

properly in the proceedings.

The chair will then proceed to correct the situation. If the Situation is of

a procedural nature, it should be raised through a motion rather than a

point. Points of Personal Privilege may interrupt a speaker, but must

always be subject to rule 4 (Courtesy).

6.5.2 Justices or Agents may rise to a POINT OF ORDER to call

attention to improper procedure. The President shall rule immediately over

the point of order, and the decision shall not be subject to appeal.

6.5.3 RIGHTS OF REPLY can be requested when an Agent or Justice

feels that their personal integrity has been attacked by a speech, or that a

member of the court or agency has acted in a matter contrary to rule 6

(Courtesy). The Presidents decision to grant or not this right is irrevocable.

No Right of Reply is in order against a Right of Reply.

6.6 APELLATION OF DECISIONS

6.6.1 All procedural decisions taken by the Chair are subject to appeal

except for those explicitly designated otherwise. In the case a decision was

to be appealed, the President shall briefly explain the chairs reason for the

ruling. The appeal shall then be put to vote among the justices, and will

stand unless two thirds of the justices vote to the contrary.


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Rule 7. Hearings

7.1 PRELIMINARY ISSUES

7.1.1 The first hearing will be a preliminary issues hearing. In it, the

Agencies will present their Memorials and their opening speeches to theCourt. The Chair shall observe precedence, and call the Applicant, and

then the Respondent, to present their arguments. No time will be observed

during the first round of arguments, but Agents should be as brief as

possible in outlining their case. The presentation must end with the

reading of the list of petitions to the Court (the prayer for relief). No

interruptions are allowed at this stage.

7.1.2 Arguments on jurisdiction, admissibility, or otherwise, shall

always be joined to the Merits phase of the case. Agencies must always

address all the main contentions of their counterparts, and not restrict

their case to issues of admissibility. Agents must argue, and Justices must

consider, issues of admissibility and any other arguments on merits in a

joint manner.

7.1.3 Once both agencies have made their initial presentation, the Court

will recognize the Applicant for a rebuttal of the Respondents arguments.

During the rebuttal, Justices can address questions to the Agent in order

to clarify their doubts related to the initial presentation. Justices must

raise their placards to make a question, and wait until the chair recognizes

them to do so. Questions can interrupt the Agent in any moment at this

stage.

7.1.4 After the rebuttal, the Respondent will be allowed a rejoinder

during which he will answer the arguments of the Applicants rebuttal.

Questions from the Justices will be in order in the same fashion as withthe rebuttal.

7.1.5 Rejoinder and Rebuttal will be limited to a maximum time of 10

minutes each.


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7.1.6 Once the Rejoinder and Rebuttal are concluded, the floor will be

open. Justices may then Move to a retirement to review the hearings.

Agents may introduce motions to petition the court on any preliminary

issue they consider important. If the motion to retire the Court is accepted,the hearing is declared as closed, and motions are considered not in order.

The session will continue in retirement until the chair declares it closed.

7.2 MERITS HEARINGS

7.2.1 The Second Stage of hearings will deal with the merits of the case.

During Merits hearings, the agents will be able to present arguments,

pieces of evidence and testimony that may help to prove the States

assertions. Merits hearings will be announced in advance of session.

7.2.2 Hearings will be Thematic. Agents must agree on the aspects of

the arguments that will be expressed during the hearing. Equal time will

be granted to agencies to express their arguments. Agents must petition

the court through a written motion for speaking time. The time requested,

if authorized, will be equally granted to the counterpart.

7.2.3 Interruptions during an Agencys first intervention in each Merits

Hearing is considered out of order. After this initial intervention, Justices

may address questions related to the arguments being presented by the

Agents. Justices must raise their placards to make a question, and wait

until the chair recognizes them to do so. Questions can be addressed

either to the agent currently recognized to speak before the court, or to a

Witness or Expert, if it were the case.

7.2.4 If the Agents so agree, a hearing may be reserved to present

witnesses and evidence. Presentation of either must be brief and concise, with Agents clearly explaining the point to be proved, and, in the case of

testimony, allowing for an opportunity to cross-examine. Parties must in

every moment collaborate in the presentation of testimony and evidence,


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and must inform each other in advance of the intention of introducing

such.

7.2.5 Witnesses and evidence are not a requirement. Agencies may bring

them forth in case an additional argument of fact is needed. Witnesses andEvidence are in any case subject to close scrutiny by the Officers of the

Court, and may not present any judgment of value or assertion, but

subject themselves to prove or disprove a Fact.

7.2.6 A set time will be reserved at the ending of each hearing, and

announced in advance of session, for a retirement of the court. During the

retirement, the justices shall consider the arguments and facts presented

by the agents, and discuss the reasoning as to why they should be

accepted or not. Retirements are closed to the general public. Agents and

observers will leave the room once a retirement begins.

7.2.7 Once a hearing on a particular subject is concluded, the topic will

be considered as concluded, and discussion should proceed to other

arguments. An opportunity to address any points not covered will be given

later in the procedure to the agencies.

7.3 FINAL ARGUMENTS

7.3.1 The Final Arguments hearings shall be the last ones to take place.

During such hearings, the Agencies will have a final opportunity to wrap

up their arguments.

7.3.2 The Court shall call first the Applicant, then the Respondent, to

deliver a first round of final Arguments, during which Judges can address

their final doubts to the Agents. This first round shall be limited to a

maximum time of 10 minutes each. Once that both Applicant andRespondent conclude with their speeches, the chair shall call for a five

minute recess for the parties to prepare their closing remarks.

7.3.3 Once the five minute recess is over, the chair shall call forth the

Applicant, and then the Respondent, to deliver their closing remarks. This


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will be the last intervention of the Agencies before the Court, where they

can address any final points or sum up their cases. During Closing

Remarks there shall be no interruptions. There is no time set for Final

arguments, but Agencies must observe courtesy in the use of their time.Equal conditions will be allowed for both parties.

7.3.4 Courtesy between Agencies and Justices will be particularly

enforced during the final argument rounds. Justices must use their

questions during Rejoinder and Rebuttal with the utmost respect and

always mindful of the Agencys limited time for answers.

7.3.4 Once Rebuttal and Rejoinder are concluded, the chair will ask one

agent from each Agency to read their prayer for relief. After the prayer for

relief is read, a final opportunity to introduce motions by the Agents will be

given. If no motions exist, or if a motion to retire was requested, the Final

Arguments hearing will be concluded, and the case will be declared

pending Final Deliberation.

Rule 8. Final deliberation and Judgment

8.1 Final Deliberation shall take place during a retirement, within the

time limits set in advance of session. During the retirement, Justices will

draft and vote on the Final Judgment.

8.1.1 It is an obligation of the Judges to keep track of the issues argued

during the sessions by the agents, as each Judge has an Obligation to

present a NOTE at the beginning of the Final Deliberation retirement.

8.1.2 Such NOTE shall be a brief explanation of their particular

reasoning regarding what the Final Judgment of the Court should be.

There is no format for the NOTE, but it should be no more than one pageof handwritten or typed text. The Chair shall call the Judges by Roll at the

beginning of the Final Deliberation retirement to present their Notes.


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8.2 The Final Judgment rendered by the Court must be approved by the

President in form and content. The President may decide not to sign a

judgment. This decision is not subject to appeal

8.3 The Final Judgment must include a brief explanation of the FACTSas presented by both parties and discovered by the Court; a brief chronicle

of how the proceedings took place, recalling the ARGUMENTS of the

agencies; an explanation of the LEGAL REASONING of the majority

opinion; and the final DECISION, in which the list of petitions expressed

by the parties in their prayers for relief must be voted Against or For. The

names of the justices voting for or against will be entered after each

petition.

The vote for each of the petitions is cast without any formal

requirement, and expresses the Judges opinion whether the petition must

be granted or not. Justices must not order anything not asked by any of

the parties in their prayer for relief, nor exceed the Courts jurisdiction.

The officers of the Court shall assist the Justices in the conformation of

the petitions to be decided, as well as the drafting procedure.

8.4 Justices may append particular votes to a final judgment. Particular

votes have no formal requirements, but must clearly identify the issue to

which they refer and the legal reasoning for their vote. Particular Votes

shall be named Dissident Opinion, if they express a reasoning different to

the majority vote; Concurring Opinion, if the Justice appending it voted

with the majority, but has a different reasoning as to why; and Separate

Vote, if they express an altogether different reasoning as regards to the

final judgment.

8.5 Once the Judgment is fully drafted, and particular votes areannexed, the Court will be called to begin a voting procedure to approve

the final document. The vote expresses the satisfaction of the justices as to

the final form of the judgment. Each justice will have one vote. In the event


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of a tie, the President shall have the deciding vote. The vote of half of the

justices present plus one will be considered a majority.

8.6 Justices may not abstain from procedural votes. Justices may only

abstain on substantive votes if they feel there is a conflict of interest, which shall be immediately reported to the President. Justices who abstain

on substantive votes shall not be considered in deciding the total needed to

determine the result of the vote.

8.7 Substantive votes shall be taken by roll call. The President shall call

the roll in alphabetical order starting with a randomly selected member.

The roll call shall consist of only one round in which the justices may vote

Yea, Nay or Abstain. After the President has announced the beginning of

voting, no interruption shall be allowed except on a Point of Order in direct

connection with the actual conduct of the voting.

Anyone disrupting the voting may be asked to leave the room by the

President.

8.8 Once a judgment is approved, the Court declares it passed. The final

public hearing is called, and Agents return to the room to stand judgment.

Agents must remain standing up while judgment is delivered.

8.9 The Final Judgment will be passed around by the Registrar in a

Ceremonial public session to each Justice in turn for signature. Once all

the Justices have signed, the Registrar shall read the Final Judgment.

After being read, the President will declare the Judgment as passed, and

order the case closed and removed from the General List.

rules of procedure for the international court of justice for iusmun 2011

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