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 Clarification:
1. Regarding the mechanics for submission of Memorials
2. Regarding the Word Count of the Pleadings Sections of Memorials
3. Regarding the Allocation of Speaking Times for Oralists
4.. Regarding the spacing of the Index of Authorities
5. Question and Answer
1. Regarding the mechanics for submission of Memorials
Rule V (A) of the Mechanics on Submission of Memorials provides that the memorials " must be received by the Secretariat on or before 5:00 pm of 19 October 2007." Does this apply to both the emailed copies and the eight hard copies which shall be sent by courier? Or, do we follow the practice as in previous years that the electronic copies must be emailed on or before 5:00 pm of 19 October 2007 and the hard copies must be dispatched or deposited with the fast courier service likewise on or before 5:00 pm of 19 October 2007 ? We are afraid that there might be some delays in the delivery or LBC, DHL or Aboitiz 2GO & teams might be penalized for this.
ANSWER: YES. The electronic copy of the memorials must be received by the Secretariat on or before 5:00pm of 19 October 2007. Hard copies of the memorials must be mailed on the same date and the photocopy of the official receipt must be sent/fax to the secretariat so it can be verified and no deductions be made against the team.
2. Regarding the Word Count of the Pleadings Sections of Memorials
Rule V (A) 2nd paragraph of the Mechanics states: "The Pleadings section of each Memorial, including Conclusion or Prayer for Relief and citations shall not exceed 1500 words." Does citation include footnotes, which means that footnotes shall be included in the 1500 word limit? We just want to be sure!
ANSWER: YES.
3. Regarding the Allocation of Speaking Times for Oralists
Rule VII (A)(3) provides that "Each team is given 40 minutes to speak and allocated as follows:
• 15 minutes for the first counsel
• 15 minutes for the second counsel
• 10 minutes for rebuttal (Applicant) or surrebuttal (Respondent)
Is the above time allocation mandatory or can it be modified by the Oralists? Can the team say for example reserve only 5 minutes for rebuttal & the first counsel shall speak for 20 minutes & the second counsel for 15 minutes for their main presentations?
ANSWER: YES. Teams have discretion on how they will allocate their time during the oral presentation.
4. Regarding the spacing of the Index of Authorities
Rule V (B), 2nd paragraph states that “The Memorials must be stapled on the upper left side of the bond paper, the Cover Page, Table of Contents and Table of Authorities must be doubled- spaced.”
If these are double spaced, the Index of Authorities (for example) result will be something like this:
Convention on the Prevention and Punishment of the Crime of Genocide, 78 U.N.T.S. 277,
Adopted on December 1948, entered into force Jan. 12, 1951 ……………………………. 1
Elements of Crimes, International Criminal Court, U.N. Doc. PCNICC/2000/1/Add.2
(2000) ………………………………………………………………………………….. 2
Prosecutor v. Akayesu, ICTR-96-4 T, September 2, 1998 ……………………………. 2
Prosecutor v. Tadic, et al., ICTY-IT-94-1-AR72, October 2, 1995 …………………... 3
Rome Statute of the International Criminal Court, 2187 U.N.T.S. 90, entered into force
July 1, 2002 …………………………………………………………………………… 4
The problem is that it doesn’t look good if doubled spaced, unless it may be single spaced in the body but double spaced between separate authorities so it looks like this:
Convention on the Prevention and Punishment of the Crime of Genocide, 78 U.N.T.S. 277, adopted on 9 December 1948, entered into force Jan. 12, 1951 …………………….. 1
Elements of Crimes, International Criminal Court, U.N. Doc. PNICC/2000/1/Add.2 (200) 2
Prosecutor v. Akayesu, ICTR-96-4-T, September 2, 1998 ………………………….. 2
Prosecutor v. Tadic, et al., ICTY-IT-94-1-AR72, October 2, 1995 ………………… 3
Rome Statute of the International Criminal Court, 2187 U.N.T.S. 90, entered into force July 1, 2002 …………………………………………………………………………… 4
Another thing, can the authorities be classified? For example into categories like:
A. Treaties and Convention
B. Judicial Decisions
C. Books and Other Publications
Answer: The index of authorities may or may not be classified as long as it is in alphabetical order since the rule is silent as to the classification.
5. Question and Answer:
Q1: What is the nationality of Col Nbonga, Lt. Smith and Col Mc Gibbon?
A1: Col. Nbonga is a Libertarian. Lt. Smith and Col. McGibbon: though not clearly specified, mooters may infer their nationality from certain facts which are provided in the case study. In any case, both of them are not Libertarians.
Q2: Should we only confine the specific charges on crimes against humanity and genocide?
A2: Indictment may also involve war crimes.
Q3: Is Col. Sano NBonga the Chief of Mirambique Armed Forces or of LLF
Operations?
A3: Col. Sano NBonga is the Chief of LLF.
Q4: Who is the Commander-in-chief of the Armed Forces of Libertaria? Is it Pres. Rabuko, as with other parliamentary governments?
A4: Although the President is not formally holding the title of Commander in Chief, the armed forces of Libertaria are officially under his authority.
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