We will be using the scenario created for the 2011 ILSA Jessup International Law Moot Court Case (Ardenia v. Rigalla).
We will be using this case in the usual format used for international mock trials before the International Court of Justice in PLS 317 at Bradley. Only some of the information/rules from the Telders competition will be used.
Tasks And Organization
Counsel for the Ardenia
The job of the Counsel for Ardenia will be to build their case for the desired rulings from the ICJ, namely
(1) Rigalia’s Predator Drone strikes in Rigalia and in Ardenia violate international law and the Court should order their immediate cessation;
(2) The attack on the Bakchar Valley hospital is attributable to Rigalia, Rigalia has an obligation to investigate the attack and to compensate Ardenia therefore and, moreover, the attack was a disproportionate and unlawful act of aggression against the people of Ardenia;
(3) Rigalia’s ban of the Mavazi for Zetian women and girls violates their rights under international law; and
(4) Ardenia did not violate the OECD Anti-Bribery Convention or the OECD Decision on MNE Guidelines.
Layout out to the court what the existing applicable law and legal obligations and demonstrate how the desired declarations flow from these laws. You can strengthen your case by anticipating the counter-arguments from Rigalla.
The team will elect a chief counsel who has primary responsibility for organizing the team and has primary responsibility for the final copy of the written brief. The team will organize itself and distribute the work load equitably among the group and the responsibilities communicated to the instructor.
Counsel for Rigalla
The job of the Counsel for Rigalla is to build their case for the desired rulings from the ICJ, namely that
(1) Rigalia’s Predator Drone strikes against Zetian terrorists in Rigalia and Ardenia are consistent with Rigalia’s rights under international law, and thus the Court has no authority to order cessation of the drone attacks;
(2) The attack on the Bakchar Valley hospital was not attributable to Rigalia and Rigalia has no obligation to investigate the attack or to compensate Ardenia therefore; moreover, the act was not an act of aggression but part of a legitimate and proportionate operation to defend against Zetian terrorists;
(3) Rigalia’s limited ban of the Mavazi for Zetian women and girls is consistent with international law; and
(4) Ardenia’s failure to investigate and prosecute the alleged corruption and to provide legal assistance to Rigalia constitute breaches of the OECD Anti-Bribery Convention, and the failure of the Ardenian NCP to respond to the complaint by the CRBC constitutes a breach of the OECD Decision on MNE Guidelines.
Layout out to the court what the existing applicable law and legal obligations and demonstrate how the desired rulings flow from these laws. You can strengthen your case by anticipating the counter-arguments from Ardenia.
The team will elect a chief Counsel for Rigalla who has primary responsibility for organizing the team and has primary responsibility for the final copy of the written brief. The team will organize itself and distribute the work load equitably among the group and the responsibilities communicated to the instructor. The team must pay careful attention to the ICJ rules.
International Court of Justice
The judges of ICJ's Chamber must render a decision in this case. You need to respond to the requested declarations, but you may also issue additional orders and/or declarations in your judgment. Do not assume that the two parties to the case have identified all applicable or, or have interpreted in properly.
Read the general directions carefully. Your fist required act is to settle on hearing procedures which will be announced on April 22.
After considering the memorials the two groups, judges of the ICJ Chamber will conduct a hearing on April 30. Using ICJ rules as much as possible, the hearing should provide for each side to present its major points, respond to the other side, and answer questions from the court. You will get the best response to your questions if they are presented to the teams a few days prior to the formal hearing, this is especially true for topics not covered in the memorials .
After the formal hearing the judges of the ICJ must meet and arrive at a majority decision. This carefully substantiated decision (along with any dissenting opinions) will be presented in class on May 2. Plan on absolutely no more than 20 minutes for a presentation. The written decision, in both paper and electronic form, is due on May 4.
The court will elect a chief judge who shall preside over all meetings/hearings and ensure court members carry out their functions. Primary responsibility for guiding the court to the proper decision.
The chamber will organize itself always mindful of the ICJ rules. Some of the tasks the must be completed include: developing the rules for the hearing, researching the appropriate laws, communication with other parties, drafting opinions, and documents, chairing the hearing, questioning the participants during the hearing, etc. Work load will be equitably distributed among the group and the responsibilities communicated to the instructor.
The Situation
Resources Batch 1 Resources Batch 2 Alternative Site
Case Generated Documents