International Criminal Court (ICC) - National Model United Nations

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Andrew N. Ludlow Secretary-General Amanda M. D’Amico & Nicholas Warino Directors-General Miriam Mueller Chief of Staff Rachel Johnson & Thera Watson Assistant Chiefs of Staff Deena M. Kucko & Holger Baer Assistant Secretaries-General Roger Tseng & Alex Adriano Under-Secretaries-General General Assembly Kristina Mader & Vera Todorova Under-Secretaries-General Economic and Social Council Cyril Philip & Daniel Leyva Under Secretaries-General Specialized Agencies Lucas Carreras & Katharina Weinert Under-Secretaries-General Inter-Governmental Organizations Sameer Kanal & Hannah Birkenkoetter Under-Secretaries-General Peace & Security Laura O’Connor & Martin Schaefer Under-Secretaries-General Conference Services BOARD of DIRECTORS Prof. Richard Reitano President Prof. Donna Schlagheck Vice-President Prof. Chaldeans Mensah Treasurer Prof. Kevin Grisham Secretary Jennifer Contreras Prof. Eric Cox. H. Stephen Halloway, Esq. The Hon. Joseph H. Melrose, Jr. Prof. Raúl Molina Prof. Richard Murgo Adam X. Storm, Esq. Prof. Karen Young Prof. Markéta !ídková Members Ex-Officio Michael Eaton Executive Director Prof. Shelton L. Williams THE 2012 NATIONAL MODEL UNITED NATIONS SPONSORED BY THE NATIONAL COLLEGIATE CONFERENCE ASSOCIATION 1 – 5 April (Sheraton) & 3 – 7 April (Marriott) • www.nmun.org Dear Delegates, We are pleased to welcome you to the 2011 National Model United Nations (NMUN). This year's International Criminal Court directors are Alex Tompkins and Alexandra Samii. Alex completed his undergraduate legal studies in 2009 and went on to complete his M.A in International Law at University College London. He currently lives in London and he is studying for his professional legal examinations. This is his third year at NMUN and his second on staff. Alexandra graduated from Université Libre de Bruxelles, Belgium in 2011 with a Bachelor degree in Law. She currently lives and works in Canada. This is her third year at NMUN and her first year on staff. The cases that will be brought to the Court at the 2012 NMUN are: 1. The Prosecutor v. Muammar Mohammed Abu Minyar Gaddafi, Saif Al-Islam Gaddafi, and Abdullah Al-Senusi of the Libyan Arab Jamahiriya 2. The Prosecutor v. Thomas Lubanga Dyilo of the Democratic Republic of the Congo This background guide has been prepared to assist delegates in their preparation for the conference and it should be seen as a starting point for research. A very challenging but highly rewarding committee, involvement in the NMUN ICC simulation offers an insight into the operation of International criminal law. Lots of work will be required but as previous participants in Court simulations ourselves, we promise an exciting experience. The International Criminal Court is the first permanent, treaty based, international criminal court set to put an end to impunity for the perpetrators of the most serious crimes under international criminal law. As such, you will be researching and writing preliminary opinions and memorials on cases about current crimes of concern to the international community. Moreover, you will be pioneers in the two first decisions of the International Criminal Court as the Court is still yet to deliver judgment in a case. The ICC is a small committee, requiring a high level of engagement and participation, and may differ from simulations that delegates have been involved in before. There is no focus on country positions, but an opportunity for students to personally take positions on matters of International criminal law. Procedure is different to other committees; Counsel will present full oral arguments in both cases to the Court and Justices will deliberate and reach a decision based on what they have heard. The position papers required take the form of preliminary opinions and memorials and this guide will contain information to assist you in preparing these papers. We will both be available to discuss any issues that you may have with these documents up to the deadline of 1 March 2012. Finally, we would like to wish you luck in your preparation and congratulate you on being appointed to the Court. We look forward to meeting you in April and invite you to contact us with any problems or to introduce yourself. Sincerely, Sheraton Venue Marriott Venue Alex Tompkins Alexandra Samii Director Director icc.sheraton@nmun.org icc.marriott@nmun.org The NCCA-NMUN is a Non-Governmental Organization associated with the United Nations and a 501(c) 3 non-profit organization of the United States.
Message from the Directors-General Regarding Position Papers for the 2012 NMUN Conference At the 2012 NMUN New York Conference, each delegation submits one position paper for each committee to which it is assigned. Delegates should be aware that their role in each committee affects the way a position paper should be written. While most delegates will serve as representatives of Member States, some may also serve as observers, NGOs, or judicial experts. To understand these differences, please refer to the Delegate Preparation Guide. Position papers should provide a concise review of each delegation’s policy regarding the topic areas under discussion and should establish precise policies and recommendations about the topics before the committee. International and regional conventions, treaties, declarations, resolutions, and programs of action of relevance to the policy of your State should be identified and addressed. Making recommendations for action by your committee should also be considered. Position papers also serve as a blueprint for individual delegates to remember their country’s position throughout the course of the Conference. NGO position papers should be constructed in the same fashion as position papers of countries. Each topic should be addressed briefly in a succinct policy statement representing the relevant views of your assigned NGO. You should also include recommendations for action to be taken by your committee. It will be judged using the same criteria as all country position papers, and is held to the same standard of timeliness. Please be forewarned, delegates must turn in entirely original material. The NMUN Conference will not tolerate the occurrence of plagiarism. In this regard, the NMUN Secretariat would like to take this opportunity to remind delegates that although United Nations documentation is considered within the public domain, the Conference does not allow the verbatim re-creation of these documents. This plagiarism policy also extends to the written work of the Secretariat contained within the Committee Background Guides. Violation of this policy will be immediately reported to faculty advisors and it may result in dismissal from Conference participation. Delegates should report any incident of plagiarism to the Secretariat as soon as possible. Delegation’s position papers can be awarded as recognition of outstanding pre-Conference preparation. In order to be considered for a Position Paper Award, however, delegations must have met the formal requirements listed below. Please refer to the sample paper on the following page for a visual example of what your work should look like at its completion. The following format specifications are required for all papers: • All papers must be typed and formatted according to the example in the Background Guides • Length must not exceed two single-spaced pages (one double-sided paper, if printed) • Font must be Times New Roman sized between 10 pt. and 12 pt. • Margins must be set at one inch for whole paper • Country/NGO name, School name and committee name clearly labeled on the first page, • The use of national symbols is highly discouraged • Agenda topics clearly labeled in separate sections To be considered timely for awards, please read and follow these directions: 1. A file of the position paper (.doc or .pdf format required) for each assigned committee should be sent to the committee email address listed in the Background Guide. These e-mail addresses will be active after November 15, 2011. Delegates should carbon copy (cc:) themselves as confirmation of receipt. 2. Each delegation should also send one set of all position papers to the e-mail designated for their venue: positionpapers.sheraton@nmun.org or positionpapers.marriott@nmun.org. This set will serve as a back-up copy in case individual committee directors cannot open attachments. These copies will also be made available in Home Government during the week of the NMUN Conference.
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Page 21 and 22: conflicts. In the Tadic-case, the j
Page 23 and 24: substantial step should be taken in
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Page 29 and 30: War. 83 The Ad Hoc Tribunal did not
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SECTION E. THE PROSECUTION Rule 11
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c) threatens, intimidates, causes a
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SECTION I: RULES OF EVIDENCE Rule 2
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